Ecma/CC/2016/002
Ecma/GA/2016/031

Ecma Code of Conduct in PatentMatters
Version 2 (approved by the Ecma GA in June 2016)
1. Ecma considers it is desirable that fullest available information should be disclosed to those
selecting technology for Ecma International Standards and those interested in adopting Ecma
International Standards*. Ecma desires to develop standards for which licenses for any essential
patents are available on a non-discriminatory basis and on reasonable terms and conditions.
Therefore, Ecma desires that any party participating in a technical committee of Ecma International
promptly disclose any patent or pending patent application that it believes contain claims that may berequired to implement an Ecma International Standard, in accordance with the following provisions.
2. If an Ecma International Standard is developed and a party may own or control a patent orapplication with claims that are required to implement such Ecma International Standard, threedifferent situations may arise:
2.1 The patent holder is prepared to grant licenses free of charge to other parties on a nondiscriminatory basis on reasonable terms and conditions. Negotiations are left to the parties concernedand are performed outside of Ecma International.
2.2 The patent holder is prepared to grant licenses to other parties on a non-discriminatory basis on
reasonable terms and conditions. Negotiations are left to the parties concerned and are performed
outside of Ecma International.
For patented technology contributed to and incorporated into a Final Draft Ecma International
Standard by a patent holder member, the patent holder member may select 2.1 or 2.2. If such patent
holder member does not make a selection, 2.2 shall apply.
2.3 For patented technology contributed by a party other than the patent holder, the patent holder is
not prepared to comply with the provisions of either Paragraph 2.1 or Paragraph 2.2.
3. Whatever case applies (2.1, 2.2 or 2.3), the patent holder shall, for patents and pending
applications it owns or controls that it believes contains claims that may be required to implement theidentified Draft Ecma International Standard, provide a timely written statement to be filed with theEcma Secretary General at the Ecma International Secretariat, using the attached “Patent Statementand Licensing Declaration Form for an Ecma International Standard” (the “Form” available in WORD
format and in PDF format). Any licensing commitment selected will only apply to those claims thatend up being required to implement the Final Ecma International Standard.
3.1 In the event the patent holder selects per Paragraph 2.1 and 2.2, the patent holder may identify
specific patents associated with box 1 or box 2 of the Form. If an Ecma member does not identify
specific patents on the list, the designated licensing commitment will apply to all of the Ecmamember's claims in patents and pending applications it owns or controls that end up being required to
implement the finalized Standard. The patent holder may submit multiple Forms to document
additional patents, each Form applying to patents associated with one of the boxes. A patent holder
may re-designate as follows: Box selections cannot be changed, except that identified patents may be
re-designated from box 3 to box 1 or 2, or from box 2 to box 1. For licenses executed before a redesignation, the licensees may continue under the existing license or may request terms in accordancewith the re-designation.
3.2 In the event a patent holder selects per Paragraph 2.3, the patent holder must identify the specificpatents it owns or controls and believes are required to implement the Ecma Standard in a Form
under box 3.

3.3 The Form must not include additional provisions, conditions, or any other clauses that may
interpret, restrict or vary the terms of the selected box on the Form.
4. Pursuant to Article 9 of the Ecma International by-laws, each Final Draft Ecma International
Standard to be approved shall be submitted two months ahead of a General Assembly (GA).
4.1 Each Ecma member participating in the development of the proposed standard shall, and other
Ecma members may, submit a Form at the latest two weeks before the GA (if the vote occurs at theGA) or the end of the postal voting period (if the vote is by mail), if they own or control any patents orpatent applications that they believe are required to implement such standard. For so long as such
Standard remains an approved Ecma International Standard, the member will be prepared to grant
licenses for its essential claims in patents and patent applications in accordance with Paragraph 2above. In the event Paragraph 2.3 is selected, a patent license may not be available and the technicalcommittee should explore other options.
4.2 This Policy creates no duty for Ecma members to search for any patents or patent applications at
any time. A Member’s general licensing commitment shall apply to the claims in any patents or patentapplications that are required to implement the Standard even if such patents are acquired by theMember after the Standard is finalized. If Paragraph 2.1 or 2.2 is selected, a commitment attaches toa Standard, then the same commitment would automatically apply to future versions of the Standard
if the same implicated patent claims (i) are required for implementation of the revised Standard, and(ii) are used in a substantially similar manner, to a substantially similar extent, to achieve asubstantially similar result as the samepatent claims were used in the prior version for which theMember has made a licensing commitment.
4.3 An Ecma member participating in the development of the proposed standard that has not
submitted a Form regarding a Final Draft Ecma International Standard within the period mentioned in
Paragraph 4.1 is obliged to license any claims in patents or patent applications required to implement
the Standard on a reasonable and non-discriminatory basis.
5. Anybody may disclose, in written form identifying the title and patent information, another party’spatents and applications that it reasonably believes may be required to implement an EcmaStandard. Such disclosure is not an assertion that such patents or applications are required for theEcma Standard, but is provided for informational purposes. The Ecma Secretary General will, asfeasible, send a Form to each such potential patent holder. A non-member may submit a Form to theEcma Secretary General that lists the non-member’s patents and applications that it believes may beessential to a draft or final Ecma Standard and select one of the options described above in Paragraph2.
6. Ecma International shall not provide legal opinions about evidence, validity or enforceability ofpatents, or whether a claim is required to implement a standard. Accordingly, in instances where apatent or pending patent application is disclosed to the Ecma Secretary General and it is not subject toa license commitment in accordance with boxes 1 or 2 of the Form, approval and publication of a
proposed standard is authorized if 2/3 of the GA by vote in person or via letter ballot, support
proceeding with the standard notwithstanding possible uncommitted patent(s) and patentapplication(s) of Ecma members or non-members. As a condition to proceeding, the Ecma Secretary
General must provide notice of all identified and possibly uncommitted patents or patent applications
and their disposal (if any) (i) to the voting members at least 10 days before the vote on the standard
will be completed and (ii) to the public if and when the standard is published as final.
7. If a patent or pending patent application, that is not subject to a license commitment in accordancewith boxes 1 or 2 of the Form, is disclosed to the Ecma Secretary General after an Ecma International
Standard has been approved, the process of Paragraph 6 shall be followed to determine if thestandard shall be continued, withdrawn or modified.
___________________________* Ecma International Standards hereafter means Ecma International Standards as well as Ecma
Technical Reports.