20 Jan 2005
15 April 2005
The following OASIS IPR Transition Policy is effective as of 15 April 2005.
It governs the manner in which the OASIS
IPR Policy adopted on 20 January 2005 will apply to the operation of OASIS
Committees formed prior to that date. A non-normative overview of this OASIS
IPR Transition Policy is available, as a supplemental resource, in the OASIS IPR Transition FAQ.
Transition Approval Ballot: The ballot used by TC Qualified Members
to approve a TC's transition to a new IPR Mode.
Transition Request: A request from the TC Individual Voting Members
to the TC Administrator to conduct a Transition Approval Ballot for a particular
TC Qualified Member: A TC Qualified Member is either a TC Individual
Voting Member or an OASIS Organizational Member that has at least one voting member
in the TC at the time the TC Individual Voting Members approve the Transition
1. Key Objectives for Transition
Encourage all OASIS members to sign the new OASIS Membership Agreement and
thereby agree to the new IPR Policy as quickly as possible.
Provide a straightforward mechanism for existing TCs to transition to the
new IPR Policy.
Ensure that all TCs operate under either the new or old IPR Policy, while
respecting the need for TCs to complete their deliverables on schedule.
2. Membership Transition
Once the new IPR Policy is in effect, new OASIS members must sign the new
Membership Agreement in order to join OASIS.
Existing OASIS members are encouraged to sign the new Membership Agreement
as soon as possible, regardless of their membership renewal date. Signing the
new Membership Agreement before the scheduled membership renewal date does not
change the member's membership year.
In order to continue their membership, all existing OASIS members must sign
the new Membership Agreement before or at their next membership renewal date which
occurs on or after the new IPR Policy effective date.
OASIS members who have signed the new Membership Agreement are allowed to
participate in TCs operating under either the new IPR Policy or the old IPR Policy.
In TCs that have not yet transitioned to the new IPR Policy, all TC members will
continue to be subject to the old IPR Policy with respect to such TCs, even those
who have signed the new Membership Agreement.
OASIS members who have not signed the new Membership Agreement are allowed
to participate only in TCs operating under the old IPR Policy.
3. TC Transition
Once the new IPR Policy is in effect, all new TCs must be formed under the
new IPR Policy.
An existing TC can begin its transition to the new IPR Policy only after 50%
of its TC Qualified Members have agreed to the new IPR Policy by signing the new
Once a TC has reached the 50% threshold, it may conduct a vote to submit a
Transition Request to operate under the new IPR Policy. The Transition Request
must specify one of the IPR Modes under the new IPR Policy as the one under which
the TC wishes to operate, and must be approved by a majority of the votes cast
by the TC Voting Members (as per regular TC voting procedure) before it can be
sent to the TC Administrator.
Existing TCs that have the special Board approved RF language can specify
only one of the two RF modes (RF on RAND Terms, RF on Limited Terms) in their
Each Transition Approval Ballot must be preceded by a Transition Request Ballot.
There is no limit (other than the time limit specified below in 3.10) to the number
of Transition Request and Transition Approval Ballots that a TC may conduct until
a Transition Approval Ballot succeeds.
Only TC Qualified Members may vote in a Transition Approval ballot, and each
may cast only a single vote. The ballot will allow for YES, NO, or ABSTAIN votes.
Approval of a Transition Approval Ballot requires i) a minimum of 50% of all
TC Qualified Members to vote, ii) no NO votes cast and iii) one or more YES votes.
The Transition Approval Ballot is conducted by the TC Administrator. The ballot
will remain open for a period of fourteen (14) calendar days. The TC Administrator
shall notify all TC Qualified Members of the result of the Transition Approval
Ballot ("Approval Notification").
If a Transition Approval Ballot passes, the TC shall start operating under
the selected IPR Mode on the TC Transition Effective Date which shall be fourteen
(14) days after the Approval Notification provided for in section 3.8, and any
subsequent change to the IPR Mode must be effected as described in the OASIS TC
Process document. The TC Transition Effective Date shall also be deemed to be
the withdrawal date from that TC for any TC member that has not signed the new
Membership Agreement by such date.
Existing TCs that reach the threshold but do not have a successful Transition
Approval Ballot may continue operating under the old IPR Policy for as long as
it takes them to complete all their deliverables, or until two (2) years have
passed since the effective date of the IPR Policy, whichever comes first. Otherwise
they will be closed by the TC Administrator. Any exceptions to this must be approved
by the OASIS Board of Directors, whose decision is final.
As a special case for the purpose of determining a Participation Obligation,
as of the TC Transition Effective Date TC Parties which are determining their
Participation Obligation as specified in IPR Policy section 9.2 shall have their
sixty (60) calendar day period reduced by the number of calendar days since the
date the new IPR Policy became effective and in which they were represented on
the TC in transition.