(Translation)[In case of discrepancy or dispute, the Japanese text shall prevail]
Guidelines for Treatment of Industrial Property Rights
in connection with the ARIB Standard
September 5, 1995
Decided by the 1st Standard Assembly Meeting
October 29,
2021
Revised by the 117tｈ Standard Assembly Meeting

The ARIB Standard is to be drafted in a fair and open manner, and establishedonly when agreed upon by the general consensus of the Standard Committee
members.
Therefore , if any or all parts of the contents of the ARIB Standard are Included in
the scope of an Essential Industrial Property Right (Industrial Property Right(hereinafter "IPR")

means any patent right , utility model right and design patentright ,whether allowed or pending ; and "Essential IPR" means any of those which
technically makes it impossible to manufacture, to sell or to use equipment,
apparatus, devices, systems or software, in compliance with the ARIB Standard
without infringing the same),the adoption of the ARIB Standard should be decided
in a fair and open manner which clearly reflects the intention of a majority of theStandard Assembly members.
Furthermore ,to promote the ARIB Standard for universal use, the StandardCommittee deems it desirable that the Essential IPR which relates to any or allparts of the contents of the ARIB Standard should be used free of charge by anyone
and that it would not block the use of such Essential IPR in any other country wheresuch an ARIB Standard is adopted.
Accordingly, the Standard Assembly has established the following guidelines for
dealing with such Essential IPR to which the ARIB Standard relates.
1Treatment

1.1 Basis for Selection
In case where any or all parts of the contents of the provisions of a particular
ARIB Standard are included in the scope of any Essential IPR , the ARIB Standard
shall apply only when the holder of such Essential IPR(hereinafter "the Right1Holder")agrees to elect either of the following two alternative cases, option 1 andoption 2; and shall not apply when the Right Holder elects option 3.
Option 1

The Right Holder agrees not to assert such Essential IPR and to grant alicense unconditionally to the use of such Essential IPR to anyone whouses such an ARIB Standard.
However, if anyone who uses such an ARIB Standard owns any other
Essential IPR which covers any or all parts of the contents of the provisionsof such an ARIB Standard , and lays claims thereto , such user may be
excluded from the application of the aforesaid provision by the RightHolder.

Option 2

The Right Holder , upon disclosing the contents and the terms andconditions of such Essential IPR , agrees to grant a non-exclusive and nondiscriminatory license to the use of such Essential

IPR on reasonable

terms and conditions to anyone who uses such an ARIB Standard.
However, if anyone who uses such an ARIB Standard owns any other
Essential IPR which covers any or all parts of the contents of the provisionsof such an ARIB Standard , and lays claims thereto ,such a user may be
excluded from the application of aforesaid provision by the Right Holder.
Option 3

The Right Holder does not agree to either of the aforesaid alternatives
referred to in option 1 or option 2.

1.2

Disputes regarding IPR

The Standard Assembly is not responsible for the confirmation of whether or not
any or all parts of such an ARIB Standard 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 toequipment, apparatus, devices, systems or software used in Japan in compliancewith such an ARIB Standard. However , in case where other countries adopt suchan ARIB Standard , mutual consultation about the treatment of the Essential IPR
can be conducted in the spirit stated in the preface.
2Procedures
Below are the procedures to be applied when any or all parts of the contents ofthe provisions of a particular ARIB Standard are included in the scope of any
Essential IPR.

22.1

Submission of Confirmation Form
When drafting the provision(s) of an ARIB Standard ,the Right Holder should

submit to the chairman of the Standard Assembly one of the following confirmation
forms relating to a license to the use of the Essential IPR provided in the attachedforms No.1 through No.3 (IPR 's other than patents shall be listed on the back pageof the confirmation form in 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 the Standard Assembly or the date to be decided by thesubcommittee of the Standard Assembly prior to the establishment of such a draft
ARIB Standard .
Where the Essential IPR provided in Section 2.1 has not been laid open
(hereinafter "lay open" includes international publication and national (domestic)
publication , and means 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 withdraw 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 ARIB Standard
When the secretariat of the Standard Assembly receives a confirmation form

provided in Section 2.1 form the Right Holder, the secretariat will retain the form incustody. If the secretariat receives the attached confirmation form No.1 or No.2,
such an ARIB Standard shall include the following notation.
"Note: Although thisARIB Standard 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"XXX" covering this ARIB

Standard and agrees [Right(in case of the attached formNo.1) not to assert such right "XXX" and to grant a license unconditionally to the useof such right "XXX" to anyone using this ARIB Standard] [ (in case of the attachedform No.2)to grant a non-exclusive and non-discriminatory license to the use of suchright "XXX" on reasonable terms and conditions to anyone using this ARIB
Standard ]. However this does not apply to anyone who uses this ARIB Standard3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 thisARIB Standard."

2.4

Liability for not receiving Confirmation Form
The Standard Assembly shall not be responsible to anyone for any and allconsequences that may arise from not submitting any of the confirmation forms
provided in section 2.1 by the Right Holder.
3 Others
The treatment and procedure based on "Guidelines for Treatment of Industrial
Property Rights in connection with the RCR Standard "(decided as of June 28 ， 1991by the Research and Development Center for Radio Systems Standard CommitteeMeeting)" is regarded as the treatment and procedure based on theseGuidelines.

NOTE: The original "Guidelines for Treatment of Industrial Property Rights inconnection with the ARIB Standard" is written in Japanese, and this document is its
translated version in English.

4Attached Form No.1
Confirmation form relating to a license to the use of the Essential IPR

To the chairman of the Standard Assembly
Date of submission:

Submitter
Name of company:

Address of company:

Manager in charge
Title, Name:

Person in charge:

In terms of the Essential IPR stated below in connection with the ARIB
Standard ,we confirm that the company elects option 1 in Section 1.1 provided in"Guidelines for Treatment of Industrial Property Rights in connection with the ARIB
Standard (decided by the Standard Assembly Meeting)".
If any amendment of the contents of our statement arise ,we shall submit aconfirmation form again without delay.
1Title of ARIB Standard2

IPR of Interest
As per the relevant IPR stated on Table 1(NOTE): The definition of the Essential IPR stated in this confirmation form is inaccordance with the definition provided in "Guidelines for Treatment of Industrial
Property Rights in connection with the ARIB Standard (decided by the Standard
Assembly Meeting)"

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Table 1

ARIB STD-Selection of option 1
Patent Holder

Relevant IPR

Name of Patent

Registration No. /Application No.

Ver.:Remarks ※ 1※ 1 ： Please fill in Two-Letter Code(s) of country(ies) to which the patent has been filed. Such Two-Letter Codes are defined in PCT Applicant's
Guide-Volume I-Annex K (URL ： http://www.wipo.int/pct/guide/en/gdvol1/annexes/annexk/ax_k.pdf)

Attached Form No.2
Confirmation form relating to a license to the use of the Essential IPR

To the chairman of the Standard Assembly
Date of submission:

Submitter
Name of company:

Address of company:

Manager in charge
Title, Name:

Person in charge:

In terms of the Essential IPR stated below in connection with the ARIB Standard ,we confirm that the company elects option 2 in Section 1.1
Provided in "Guidelines for Treatment of Industrial Property Rights in connection
with the ARIB Standard ( decided by the Standard Assembly Meeting )".
The terms and conditions to use the Essential IPR of interest are stated below.
If any amendment of the contents of our statement arise ,we shall submit aconfirmation form again without delay.
1Title of ARIB Standard2

IPR of Interest
As per the relevant IPR stated on Table 2

3Terms and Conditions to use the Essential IPR(NOTE): The definition of the Essential IPR stated in this confirmation form is inaccordance with the definition provided in "Guidelines for Treatment of Industrial
Property Rights in connection with the ARIB Standard (decided by the Standard
Assembly Meeting)"

7Table 2

ARIB STD-Selection of option 2
Patent Holder

Relevant IPR

Name of PatentRegistration No. /Application No.

Ver.:Remarks※1※ 1 ： Please fill in Two-Letter Code(s) of country(ies) to which the patent has been filed. Such Two-Letter Codes are defined in PCT Applicant's
Guide-Volume I-Annex K (URL ： http://www.wipo.int/pct/guide/en/gdvol1/annexes/annexk/ax_k.pdf)

Attached Form No.3
Confirmation form relating to a license to the use of the Essential IPR

To the chairman of the Standard Assembly
Date of submission:

Submitter
Name of company:Address of company:

Manager in charge
Title, Name:

Person in charge:

In terms of the Essential IPR stated below in connection with the ARIB Standard ,we confirm that the company elects option 3 in Section 1.1
provided in "Guidelines for Treatment of Industrial Property Rights in connection
with the ARIB Standard(decided by the Standard Assembly Meeting)"
If any amendment of the contents of our statement arise ,we shall submit aconfirmation form again without delay.
1

Title of ARIB Standard2

IPR of Interest
As per the relevant IPR stated on Table 3(NOTE): The definition of the Essential IPR stated in this confirmation form is inaccordance with the definition provided in "Guidelines for Treatment of Industrial
Property Rights in connection with the ARIB Standard (decided by the Standard
Assembly Meeting)"

9Selection of option 3Applied

Application

country

NumberTable 3 Relevant IPR
Name of invention

Content in detailas per attachedsheet -

as per attachedsheet -

as per attachedsheet -

as per attachedsheet -

as per attachedsheet -

as per attachedsheet -

as per attachedsheet -

as per attachedsheet -

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Attached sheet Title of invention
Date of application
Patent registration number(note #1)
Name or title of the patentapplicant (Note #2)
Name and address (or domicile)of inventor(Note #3)
Reference material(s)(Note #3,4)(1) Specification(2)Drawings necessary

as per attached Specification(brief
explanations of drawings ,detailed
explanations of invention and scope ofclaims are to be stated)(table of attached drawings is to bestated)

Description of the provisions of
the RCR Standard subject to theright applied(Note #5)
Remarks(name of foreign countries where in caseof applied is to be stated)

Note #1: Patent publication number ,laying-open number or application
number is to be stated in case of not registered.
Note #2: Company name and representative name are to be stated in case ofjuridical person.
Note #3: Not necessary to fill in the blank in case of not laid-open.
Note #4: Patent official report which reflects the latest specification may beattached.
Note #5: Not necessary to fill in the blank in case of registered.

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