Operation

The table below describes how different MPAI entities cooperate in furthering the MPAI mission, i.e. the development of Technical Specifciations (TS). The need for TSs is identified in the Work Plan (WP), a document that describes ongoing and planned work leading to TSs.

Member

  • Submits contributions to WP

GA

  • Issues Calls for Interest (CfI) to sense the needs of industry for TSs (from time to time)
  • When the need for a TS is identified
    • Requests the Requirements Standing Committee (Reqs) to develop requirements and a possible timeline to develop TS
    • Adds relevant information to WP

Reqs

  • Develops requirements
  • If there is consensus that technology  with the expected levels of performance does not exist, issues a Call for Evidence (CfE)
  • If there is consensus that technology exists or CfE submissions confirms there is technology, communicates requirements to GA

GA

  • Develops the Terms of Reference of the DC that will be tasked to develop the TS
  • Sends proposed DC Terms of Reference and TS Requirements to BD

BD

  • Requests IPR SAC to develop a Framework Licence (FWL) for the planned TS with the given requirements

Principal Member

  • Communicates to Secretariat intention to participate in the development of the TS (such a Principal Member is called Active Member)

IPR SAC

  • Establishes FWL n Group whose members are Active Members (n refers to n-th TS)
  • Requests BD to appoint a chair for the Group

FWL #n Group

  • Requests Active Members to submit proposals of FWLs
  • If necessary, requests the services of IPR experts, with the agreement of the IPR SAC chair
  • Develops FWL in compliance with generally accepted principles of competition law
  • Approves FWL by 2/3 majority votes of active members present
  • Transmits FWL to BD

BD

  • Reviews and approves FWL
  • Establishes DC
  • Appoints DC chair
  • Calls all Members – Principal and Associate – to provide the necessary expertise for DC to accomplish its mandate
  • Communicates FWL and name of DC chair to GA

GA

Reqs

  • Drafts CfT jointly with DC making clear that responses to CfT shall comply with submission deadlines and contain a declaration that respondent will make available the terms of the Licence related to its Essential Patents according to the FWL, alone or jointly with other IPR holders after the approval of the TS by the GA and in no event after commercial implementations of the TS become available on the market. The FWL may not require that IPR holders make available the terms of the Licence related to their Essential Patents on condition that all IPR holders agree to allow use of their Essential Patents without a Licence and until certain events specified in the FWL happen. The FWL shall specify the terms of the Licence that IPR holders will make available in case such events happen.
  • Requests GA to issue CfT
  • Assesses responses to CfT jointly with DC

Members

  • Each Member shall declare it will take a Licence for the Essential Patents held by other Members, if used, within one year from the publication by IPR holders of their Licence terms and shall inform the Secretariat of the result of its best effort and transparent identification of IP that it believes is infringed by a TS that is being or has already been developed by a DC. The FWL may not require that Members take a Licence for the Essential Patents held by other Members on condition that all IPR holders agree to allow use of their Essential Patents without a Licence and until certain events specified in the FWL happen. If one or more of such events happen, Members shall take a Licence for the Essential Patents held by other Members, if used, within one year from the publication by IPR holders of their licensing terms

DC

  • If (a part of) a response to the CfT from a non-participant, is identified for inclusion in the TS, the respondent will be requested to immediately join MPAI.
  • If such non-participant elects not to join MPAI, its submission will be discarded.
  • Each DC member submitting a technical document related to the TS shall declare that it will make the same declaration required in a response to the CfT
  • Each Member shall inform the Secretariat of the result of its best effort and transparent identification of IP that it believes is infringed by a TS that is being or has already been developed by a DC.
  • DC members contribute to the progress of the TS by making consensus-based decisions.
  • DC chair is tasked to detect that consensus is reached on a given issue.
  • If consensus is not reached on a given issue, the matter is brought to the attention of the GA who decides by 2/3 majority vote.
  • As a rule, DC will develop reference software (RS) of the TS. This will be governed by the following rules
    • RS shall have the same normative value as TS
    • RS will be distributed with a BSD licence modified to clarify that IP essential to implement TS/RS is not released 
  • At each stage of development of a document relating to the TS, DC may identify areas on which participants are requested to submit contributions.
  • During the development of the TS, the need for additional technologies may be identified. These may be obtained through new CfTs, possibly restricted to MPAI members.
  • Submissions on other topics will be considered at DC Chair’s discretion in consultation with the author of the submission and the members of the DC and will be referred to the GA.
  • The TS will evolve through a series of drafts.
  • DC chair transmits to GA a draft that has achieved sufficient maturity and is supported by DC members’ consensus.

GA

  • Approves TS for publication

Any company or organisation is entitled to submit a written contribution in response to a CfI, CfE or CfT, irrespective of its membership in MPAI.

The evaluation of essentiality shall be made by an independent opinion issued by a chartered patent attorney who never worked for the owner of such essential patent.

The diagram below summarises the operation of MPAI in the development of TSs.

 

The top level domain name implies that MPAI is a community. Therefore, comments from the community on these pages, in particular the Statutes and the Operation are welcome. Please send your comments to Leonardo, (web page), while the MPAI Secretariat is being established.