Ecma International Royalty-Free Patent Policy Extension Option – version 2(approved in December 2018)
E.1 This is an optional Royalty-Free (RF) extension of the Ecma Code of Conduct in Patent
Matters (“Code of Conduct”). Under this RF Policy extension, Ecma International may designate
certain Technical Committees (TCs) as “Royalty-Free TC” (RFTC) or Task Groups of an Ecma TC
as “Royalty-Free Task Group” (RFTG). As to such RFTCs and RFTGs, this RF Policy shall
supplement the Code of Conduct and shall take precedence as to anything in the Code of Conduct
to the contrary. References in this RF Policy to “Standards” mean Ecma International Standards
and Ecma Technical Reports, and references to “Draft Standards” mean drafts of Standards. Whenused in this RF Policy, “Affiliates” shall refer to entities that are related as described in 3.2 of theEcma By-laws. In the text that follows RFTC/RFTG is standing for RFTC and RFTG.
E.2 Designation of an RFTC/RFTG is done by the General Assembly and may only occur prior toformation of such RFTC/RFTG (in other words, a standards development activity may not
retroactively be designated as an RFTC/RFTG). If work done elsewhere is brought into an
RFTC/RFTG, this RF Policy has no effect on any patent-related matters as to that pre-existing
work as such. This RF Policy applies to that work only to the extent that it is included in a Standard
resulting from the RFTC/RFTG. For Ecma members not participating in any particular
RFTC/RFTG, the Code of Conduct, not this RF Policy, applies to such member with respect to thework of that RFTC/RFTG.
E.3 Participation in RFTC/RFTGs and Registration Form: Participation in each RFTC/RFTG shallbe limited to those individuals where each entity on whose behalf the individual participates has
submitted a “Registration Form” that includes a royalty-free patent license statement that applies toany patent claims owned or controlled by such entity and its Affiliates that are required toimplement (are “Essential” to) any Standards that result from the RFTC/RFTG designated on theRegistration Form. The Registration Form shall be subject to the opt-out provisions in this RFPolicy. The Registration Form shall state that the submitting entity (“RFTC/RFTG MemberOrganization”) is prepared to grant licenses free of charge to an unrestricted number of applicants
on a worldwide, non-discriminatory basis, and under other reasonable terms and conditions tomake, use, sell, and import implementations of all Standards that result from the RFTC/RFTG
designated on the Registration Form. As to future versions of such Standards, the scope of thepatent commitment shall be the same as is described in 4.2 of the Code of Conduct. An
RFTC/RFTG Member Organization shall be considered “in” or “a participant in” an RFTC/RFTG
from the time of submission of a Registration Form until withdrawal (see E.7), if any. Submission ofa Registration Form shall be via a mechanism provided by Ecma International.
E.4 Opt-Out of Identified Patents: An RFTC/RFTG Member Organization may exclude from theroyalty-free patent license commitment, via an identification mechanism provided by Ecma
International (see E.6.), specific patents and/or patent applications that the RFTC/RFTG Member
Organization believes may be or become Essential (“Identified Patents”). This opt-out opportunity
must be exercised prior to the end of the corresponding Opt-Out Review Window. The
RFTC/RFTG Member Organization may only exclude Identified Patents to the extent that theEcma InternationalPCAM

Rue du Rhône 114

CH-1204 Geneva

Ecma_Royalty-Free_Patent_Policy_Extension_Option.doc

1/31/2019 9:32:00

T/F: +41 22 849 6000/01

www.ecma-international.org
For Ecma use only

Essentiality of the patents is due to material that (a) was added to the Draft Standard since theversion of the Draft Standard for the previous Opt-Out Review Window (if any; see E.5), and (b)was not material that the RFTC/RFTG Member Organization contributed to the RFTC/RFTG. In
this context, “material” refers to the technical substance of what is being specified of the Draft
Standard, not to specific words in a document. In other words, the opt-out of Identified Patents only
applies to new material added to the Draft Standard since the previous opt-out opportunity and, forclarity, specifically does not apply to minor revisions or editorial changes.
E.5 Opt-Out Review Windows: Each Opt-Out Review Window shall be initiated by Ecma
Secretariat in consultation with the TC and RFTG chairs. An Opt-Out Review Window shall apply
to one or more particular Draft Standards. An Opt-Out Review Window shall be at least 60 days
long. All RFTC/RFTG Member Organizations in an RFTC/RFTG shall be notified of each Opt-Out
Review Window prior to the beginning of the period and such notification shall clearly identify theend of the period. Opt-Out Review Windows shall be initiated for each Draft Standard at intervalsof no less than 4 months (except with the agreement of all RFTC/RFTG Member Organizations inthe corresponding RFTC/RFTG) and no longer than 18 months. There shall be an Opt-Out Review
Window for each final version of a Draft Standard, and such window shall be timed such that itends before the Draft Standard becomes a Standard.
E.6 Opt-Out Patent Information: The opt-out identification mechanism (see E.4) shall require: (a)identification of the Identified Patents; (b) identification of the Standard or Draft Standard; and (c)indication of whether, with respect to such Identified Patents and such Standard (or a Standard
resulting from such Draft Standard), the RFTC/RFTG Member Organization (i) is prepared to grant
licenses under paragraph 2.2 (RAND terms) of the Code of Conduct, or (ii) is not prepared to grantsuch licenses.
E.7 Withdrawal from an RFTC/RFTG: Ecma International shall provide a mechanism by which an
RFTC/RFTG Member Organization in an RFTC/RFTG can withdraw from the RFTC/TG. No
participation in the RFTC/RFTG on behalf of a withdrawn RFTC/RFTG Member Organization shallbe permitted following such withdrawal (unless the RFTC/RFTG Member Organization rejoins witha corresponding new Registration Form). The patent commitment in the Registration Form of awithdrawn RFTC/RFTG Member Organization: (a) shall continue to apply to material in a Draft
Standard (i) for which the corresponding Opt-Out Review Window has ended, and (ii) that theRFTC/RFTG Member Organization has contributed to the RFTC/RFTG; and (b) shall not apply asto other material in a Draft Standard. In addition, after an RFTC/RFTG Member Organization
withdraws from the RFTC/RFTG, the Code of Conduct applies to that Ecma member as it does toother non-participating Ecma members.
E.8 Late-Joining and Re-Joining Participants: A Registration Form for an RFTC/RFTG applies to all
Draft Standards for all Opt-Out Review Windows prior to such joining, including those that passed
before the RFTC/RFTG Member Organization began participation in the RFTC/RFTG. However,an RFTC/RFTG Member Organization may, immediately prior to beginning participation in an
RFTC/RFTG, use the opt-out mechanism to opt-out Identified Patents, which shall be effective asto material in Draft Standards in Opt-Out Review Windows that passed when the RFTC/RFTG
Member Organization was not a participant in the RFTC/RFTG. For an RFTC/RFTG Member2Organization that has previously withdrawn, the new opt-out shall only apply to material in Draft
Standards in Opt-Out Review Windows that passed after that prior withdrawal. A party that joins
during an Opt-Out Review Window will have the remainder of that Opt-Out Review Window toexclude a patent or patent application.

3