Operation

The table below describes how different MPAI entities cooperate in furthering the MPAI mission.

GA

  • Establishes and maintains the Work Plan (WP) (describes ongoing and planned work leading to TSs)
  • Any Member may submit contributions to WP
  • 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
  • Approves 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 of 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

Secretariat

  • Identifies the Principal Members who intend to participate in the development of the TS (active members)

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 a licence of its patents essential to the TS according to the FWL within 1 year from the date of approval of TS by GA
    • Take a licence for the patents essential to the TS held by other members, if used, within 1 year from availability of the licences of IPR holders
  • Requests GA to issue CfT
  • Assesses responses to CfT jointly with DC

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 available a licence of its patents essential to the TS according to the FWL within 1 year from the date of approval of TS by GA
    • Take a licence for the patents essential to TS held by other members, if used, within 1 year from availability of the licences of IPR holders
  • 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 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.