IPPR Policcy
Geneeral Guidelines for Trreatment off Industriall Property Rights in CConnection withXGP Forum Speecification

Disclaimer, LLimitatio
on of Liabbility
hing in thiss documentt creates a
any warrannties of title
e or no inffringement with
Nothrespeect to XGP
P technologiies includin
ng any techhnologies, standards
soor specifica
ationsreferrenced or in
ncorporated into this doocument.
e user or to a third parrty for any claim
In noo event shall the XGP Forum be lliable to thearisinng from or related to thet use of X
XGP technologies, inclu
uding, withhout limitatiion, aclaim
m that such use infring
ges a third p
ellectual pro
operty rightts or that itt fails
party's inte
to coomply with applicable laws or reegulations. By use of XGP
X
technoologies, thee user
waiv
ves any suchh claim agaiinst the XG
GP Forum reelating to th
he use of XG
GP technolo
ogies.
um Specificcation is too be drafte
ed in a fair and opeen manner,, andThe XGP Forublished only
y when agre
eed upon byy the genera
al consensus
s of XGP Foorum membbers.
estabaor all parts
pof thee contents of the XGP
P Forum Sppecification
ns areTherrefore , if anyInclu
uded in thee scope of ana Essentia
al Industria
al Property Right (Inddustrial Prooperty
Righht（hereinaffter "IPR"） means an
ny patent rightr, utiliity model rright and design
dpatennt right, whetherw
alloowed or pennding; and "Essentiall IPR" meaans any of thosewhich technicallly makes it
i impossib
ble to manu
ufacture, too sell or to use equipm
ment,aratus, dev
vices, systeems or sofftware, in compliancce with thhe XGP ForumFappa
Specification wiithout infrin
nging the saame), the ad
doption of th
he XGP Foruum Specificcation
uld be decid
ded in a fairr and open manner whhich clearlyy reflects th
he intention
n of ashou
majoority of XGP
P Forum meembers.
hermore, too promote thet XGP Foorum Speciffication for universal uuse, XGP Forum
FFurthdeem
ms it desiraable that thhe Essentia
al IPR whiich relates to any or all parts ofo theconteents of the XGP Forumm Specificattion should be used freee of chargee by anyone
e andthat it would noot block the use
u of such Essential IPR in any otherocountrry where su
uch anpecification is adopted
d. Accordin
ngly, XGP ForumF
has establishedd theXGP Forum Sp
wing guidelines for dealing withh such Essential IPR to which tthe XGP ForumFfollow

Specification relates.

1 Treatment
1.1 Basis for Selection
In case where any or all parts of the contents of the provisions of a particular XGP
Forum Specification are included in the scope of any Essential IPR, the XGP Forum
Specification shall apply only when the holder of such Essential IPR (hereinafter "theRight Holder") agrees to elect either of the following two alternative cases (1) and (2);and shall not apply when the Right Holder elects case (3).
(1) The Right Holder agrees not to assert such Essential IPR and to grant a license
unconditionally to the use of such Essential IPR to anyone who uses such a XGP
Forum Specification.
However, if anyone who uses such a XGP Forum Specification owns any other
Essential IPR which covers any or all parts of the contents of the provisions ofsuch XGP Forum Specification, and lays claims thereto, such user may beexcluded from the application of the aforesaid provision by the Right Holder.
(2) The Right Holder, upon disclosing the contents and the terms and conditions ofsuch Essential IPR, agrees to grant a non-exclusive and non-discriminatory
license to the use of such Essential IPR on reasonable terms and conditions toanyone who uses such a XGP Forum Specification.
However, if anyone who uses such a XGP Forum Specification owns any other
Essential IPR which covers any or all parts of the contents of the provisions ofsuch a XGP Forum Specification, and lays claims thereto, such a user may be
excluded from the application of aforesaid provision by the Right Holder.
(3) The Right Holder does not agree to either of the aforesaid alternatives referred toin (1) or (2).
1.2 Disputes regarding IPR
XGP Forum Group is not responsible for the confirmation of whether or not any or allparts of such a XGP Forum Specification are included in a scope of any Essential IPR,
nor liable for any disputes regarding IPR.
1.3 Applicable Scope and Territory
The treatment provided in Section 1.1 of these Guidelines shall be applied to equipment,apparatus, devices, systems or software used in Japan in compliance with such a XGPForum Specification. However, in case where other countries adopt such a XGP ForumSpecification, mutual consultation about the treatment of the Essential IPR can beconducted in the manners stated in the preface.

2 Procedures
Below are the procedures to be applied when any or all parts of the contents of theprovisions of a particular XGP Forum Specification are included in the scope of any
Essential IPR.
2.1 Submission of Confirmation Form
When drafting the provision(s) of an XGP Forum Specification, the Right Holder should
submit to the chairman of XGP Forum one of the following confirmation forms relating
to a license to the use of the Essential IPR provided in the attached forms No.1 throughNo.3 (IPR’s other than patents shall be listed on the back page of the confirmation formin the same manner as patents.).
2.2 Submission Date for Confirmation Form
As a general rule, one of the three forms above should be submitted before or on the date
to be decided by XGP Forum, or the date to be decided by the relevant Working Groupprior to the establishment of such a draft XGP Forum Specification.
Where the Essential IPR provided in Section 2.1 has not been laid open (hereinafter "layopen" includes international publication and national (domestic) publication , andmeans the earliest one among them ) at the time of that submission , the form shall be
re-submitted after such Essential IPR is laid open again.
If the application of such Essential IPR is withdrawn or rejected or the right has expired,a notification thereof shall be submitted without delay.
2.3 Custody of Confirmation Form and Notation in the XGP Forum Specification
When the secretariat of the Standard Assembly receives a confirmation form providedin Section 2.1 form the Right Holder, the secretariat will retain the form in custody. If
the secretariat receives the attached confirmation form No.1 or No.2, such an XGP
Forum Specification shall include the following notation.
Note: Although this XGP Forum Specification contains no specific reference to any
Essential Industrial Property Right relating thereto, the holder of such Essential
Industrial Property Right states that "YYY" is the holder of the Industrial Property
Right "XXX" covering this XGP Forum specification and agrees [ (in case of the attachedform No.1) not to assert such right "XXX" and to grant a license unconditionally to theuse of such right "XXX" to anyone using this XGP Forum Specification] [ (in case of theattached form No.2) to grant a non-exclusive and non-discriminatory license to the useof such right "XXX" on reasonable terms and conditions to anyone using this XGP
Forum Specification]. However this does not apply to anyone who uses this XGP ForumSpecification and also owns and lays claim to any other Essential Industrial Property
Right whose scope is included in any or all parts of the contents of the provisions of thisXGP Forum Specification.
2.4 Liability for not receiving Confirmation FormXGP Forum shall not be responsible to anyone for any and all consequences that may
arise from not submitting any of the confirmation forms provided in section 2.1 by theRight Holder.

Confirmation Form Regarding the License to Use Essential IPR:
FORM I: Regarding Case (1) Stipulated in Section 1.1
FORM II: Regarding Case (2) Stipulated in Section 1.1
FORM III: Regarding Case (3) Stipulated in Section 1.1