RADIO TECHNICAL COMMISSION FOR MARITIME SERVICES STANDARDS DEVELOPMENT POLICIES

Transcription

1 RADIO TECHNICAL COMMISSION FOR MARITIME SERVICES STANDARDS DEVELOPMENT POLICIES VERSION 2.0 SEPTEMBER 23, 2013 COPYRIGHT 2013 RTCM Radio Technical Commission For Maritime Services 1611 N. Kent St., Suite 605 Arlington, Virginia U.S.A. Web Site:

2 The Radio Technical Commission For Maritime Services (RTCM) is an incorporated nonprofit organization, with participation in its work by international representation from both government and non-government organizations. The RTCM does not work to induce sales, it does not test or endorse products, and it does not monitor or enforce the use of its standards. The RTCM does not engage in the design, sale, manufacture or distribution of equipment or in any way control the use of its standards by any manufacturer, service provider, or user. Use of, and adherence to, RTCM standards is entirely within the control and discretion of each manufacturer, service provider, and user.

3 RADIO TECHNICAL COMMISSION FOR MARITIME SERVICES STANDARDS DEVELOPMENT POLICIES VERSION 2.0 SEPTEMBER 23, 2013 COPYRIGHT 2013 RTCM Radio Technical Commission For Maritime Services 1611 N. Kent St., Suite 605 Arlington, Virginia U.S.A. Web Site:

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5 Table of Contents 1 Format and numbering of RTCM standards Format Numbering Versions Amendments Terminology Recommended Shall / should Patent Policy General statement of policy Adoption of policy on essential patents Patent Statement and Licensing Declaration form Disclosure Use of patented elements Information on patented elements Approval of standards Committee Draft for Vote Balloting Resolution of comments Adoption or revision of informative annexes and footnotes... 8 Annex A Patent Statement and Licensing Declaration... 9 i

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7 1 Format and numbering of RTCM standards 1.1 Format New RTCM standards should follow the IEC Standard format, current at the time the standard is drafted. However, the Special Committee drafting the standard may decide to deviate from that format if it is not appropriate for the subject. 1.2 Numbering Document number The RTCM document number will appear inconspicuously in the top margin of the title page of an RTCM standard. The document number will be in the standard RTCM format, i.e.: xxx-yyyy-sczzz-std, where xxx is a sequential RTCM document number which starts from 001 each calendar year. yyyy is the calendar year in which the standard is approved. zzz is the number of the Special Committee responsible for development of the standard Standard number RTCM standards will be generally identified by their standard number, which will appear prominently on the title page of the standard. The standard number will also appear in the top margin of each printed page. The standard number will be in the format zzzxx.y, where zzz is the number of the Special Committee responsible for development of the standard. xx is a two-digit number selected by the Special Committee. y is the version number of the standard. For example, version 3 of the standard designated 01 by Special Committee 199 would be identified as RTCM standard Versions The first edition of a standard will be designated as Version 0. Subsequent revisions of the standard will be designated as Version 1, 2, 3, etc. 1.4 Amendments At the Special Committee s discretion, minor additions and revisions to standards may be made by amendment, rather than a full revision of the standard as a new version. If a second or subsequent amendment is adopted, it will incorporate any previous amendments so that it will not be necessary to refer to more than one amendment in addition to the standard itself. Amendments will be balloted and approved in accordance with section 4. 1

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9 2 Terminology 2.1 Recommended RTCM standards have traditionally been titled as recommended standards. This practice is discontinued. New standards and revisions of existing standards will be considered under the RTCM Bylaws as reports of the Special Committee and will no longer be designated as recommended. Since RTCM has no regulatory authority, all of its standards are recommended until and unless they are incorporated into a law or regulation by reference. When they are incorporated into a law or regulation by reference, the term recommended in the title of the standard can introduce uncertainty as to the status of the standard. 2.2 Shall / should As recommended standards, RTCM standards have typically used the word should for attributes which are necessary to comply with the standard. However, when an RTCM standard is incorporated into a law or regulation by reference, the term should can cause uncertainty as to the intent of the provision. New standards and revisions of existing standards will use the term shall to describe attributes which are not considered optional to meet the standard. The term should, if used, will be reserved for recommended provisions. The terms may and must should be avoided. When a standard uses the term should in addition to shall, the distinction between the terms will be described in the standard, either in the introductory material, or in a footnote. 3

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11 3 Patent Policy 3.1 General statement of policy It is the intent of the Radio Technical Commission for Maritime Services to develop standards that do not require the use of patented technologies as the only means to comply with a standard (essential patents) Adoption of policy on essential patents RTCM adopts the Common Patent Policy for ITU-T/ITU-R/ISO/IEC of 23 April 2012 for essential patents. The policy, along with the common guidelines adopted by those organizations is available at The terms used in the guidelines and patent policy shall have the following meanings with respect to RTCM: ITU-T/ITU-R/ISO/IEC Wherever any of these organizations are referred to, the provision shall be understood as also applying to RTCM Recommendations, deliverables and document types Recommendations, deliverables and document types are RTCM standards Technical bodies Technical bodies are RTCM Special Committees. 3.3 Patent Statement and Licensing Declaration form The RTCM Patent Statement and Licensing Declaration form is at Annex A. 3.4 Disclosure Chairmen of Special Committees will ask, at an appropriate time in each meeting, whether anyone has knowledge of their own or other organizations patents, including published pending patents, the use of which may be required to practice or implement the standard being considered. The fact that the question was asked shall be recorded in the meeting summary record, along with any affirmative responses. 3.5 Use of patented elements Patented elements may be included in a standard, as long as the patented item is not essential to comply with the standard. For example, a patented element may be essential to the construction of one type of device which meets the standard, as long as other types of devices can be constructed to meet the standard without using the patented element. 3.6 Information on patented elements In lieu of a patent database, each RTCM standard shall list the patents which have been declared as applicable to that standard. In addition to essential patents, non-essential patents for which RTCM has received information shall also be listed. 1 For the purpose of this policy, patented technologies do not include those covered by patents no longer in force. 5

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13 4 Approval of standards 4.1 Committee Draft for Vote RTCM standards and revisions to RTCM standards are developed by RTCM s Special Committees. When the committee determines that the standard is ready for adoption, it will produce a Committee Draft for Vote (CDV). The CDV will then be approved or rejected by a vote of the Special Committee Balloting The CDV ballot will be circulated by to the Special Committee membership list. A 60-day or 90-day period for voting should be provided. However, the Special Committee may reduce the voting time to 30 days, if it believes approval of the standard is of sufficient urgency. In accordance with the RTCM Bylaws, each member organization may cast one vote. A quorum is achieved if the number of YES, NO, and ABSTAIN votes received by the CDV closing date equals or exceeds 20% of the member organizations represented on the Special Committee s membership list. If a quorum is not achieved, the vote fails and the item is returned to the committee for disposition, which may include re-balloting of the CDV. A standard is adopted if all CDV votes are YES or ABSTAIN. The President and any class of member may respond to a vote with comments only. Such comments from an organizational member are treated as a YES vote with comments. Provided that there are no NO votes, any YES vote with comments may be resolved by agreement of the commenter, Special Committee chairman and RTCM President without a Committee meeting. The comments must be non-substantive for this process. If the Special Committee chairman or RTCM President feels that a comment is substantive, it is reclassified as a NO vote. Any NO vote without comment or justification is considered an abstention. NO votes must be resolved at a comment resolution meeting. 4.3 Resolution of comments Editorial and other non-substantive comments can be resolved by the Special Committee chair and the RTCM President, in consultation with the commenter. A meeting of the Special Committee is not necessary for this purpose. Resolution of NO votes must take place at a comment resolution meeting which may be part of a regular Special Committee meeting, or may be an ad hoc meeting. 2 The Special Committee consists of persons employed by RTCM member organizations in good standing, who have requested to be listed on the Special Committee s roster. 7

14 If a comment resolution meeting is held, all of the comments including those with YES votes will be resolved at the meeting. At least 20% of the organizational members must be present in person or by live electronic means for this meeting to reach an official conclusion on resolution of the comments. Resolutions may be agreed to by verbal consent, absent any objection. If an objection is raised to any resolution, a vote of those member organizations participating shall be taken. A resolution is adopted if 75% or more of the votes are in favor. In this case, abstentions are not counted. If a resolution fails a vote, the meeting may develop an alternative, which may include deletion or alteration of the provision in question, and the adoption process repeated. If no resolution can be reached, the vote fails and the draft standard returns to the committee or working group for further development or abandonment. Proxies are not allowed. Delay of voting for convenience of a NO voter is not allowed. Participation by electronic means is acceptable and must be made available for those organizations not able to attend. At the end of the meeting, a vote shall be taken as to whether the standard should be adopted with the agreed resolutions. The 75% rule is in effect. If the vote fails, the draft standard returns to the committee for disposition. 4.4 Adoption or revision of informative annexes and footnotes Informative annexes and footnotes are included in some RTCM standards. These provide information only and do not form a part of the requirements of the standard. The committee may adopt or revise informative annexes and footnotes at a regular meeting without using the CDV ballot process. If the committee is not scheduled to meet, informative annexes and footnotes may be adopted or revised by the Board of Directors. This procedure does not apply to annexes labeled as normative. Such amendments shall be approved by a vote of those member organizations participating in the meeting, or of the directors present in the case of a Board of Directors meeting. An amendment is adopted if 75% or more of the votes are in favor. In this case, abstentions are not counted. In the case of an amendment considered by the Board of Directors, the members of the committee responsible for the standard shall be informed of the matter by distribution, preferably 30 days or more before the Board of Directors meeting. Any comments received from committee members shall be brought to the attention of the Board. A decision on a proposed amendment considered by the Board of Directors shall be distributed to the members of the committee responsible for the standard. If the proposed revision was not circulated to the committee members 30 days before the Board of Directors meeting, publication of the revision shall be held for 30 days following notification of the committee members. Any comments from committee members will be brought to the attention of the Executive Committee for a decision on the disposition of the amendment. 8

15 Annex A Patent Statement and Licensing Declaration This declaration does not represent an actual grant of license Please return to: Radio Technical Commission for Maritime Services 1611 N. Kent St. Ste. 605 Arlington, VA USA hq@rtcm.org Patent Holder: Legal Name: Contact for license application: Name & Department Address Tel. Fax URL (optional) RTCM Standard: 9

16 Licensing declaration: The Patent Holder believes that it holds granted and/or pending applications for patents, the use of which would be required to implement the above document and hereby declares, in accordance with the Common Patent Policy for ITU-T/ITU-R/ISO/IEC, that (check one box only): 1. The Patent Holder is prepared to grant a free of charge license to an unrestricted number of applicants on a worldwide, non-discriminatory basis and under other reasonable terms and conditions to make, use, and sell implementations of the above document. Negotiations are left to the parties concerned and are performed outside RTCM. Also mark here if the Patent Holder s willingness to license is conditioned on reciprocity for the above document. Also mark here if the Patent Holder reserves the right to license on reasonable terms and conditions (but not free of charge) to applicants who are only willing to license their patent claims, whose use would be required to implement the above document, on reasonable terms and conditions (but not free of charge). 2. The Patent Holder is prepared to grant a license to an unrestricted number of applicants on a worldwide, non-discriminatory basis and on reasonable terms and conditions to make, use and sell implementations of the above document. Negotiations are left to the parties concerned and are performed outside RTCM. Also mark here if the Patent Holder s willingness to license is conditioned on reciprocity for the above document. 3. The Patent Holder is unwilling to grant licenses in accordance with provisions of either 1 or 2 above. In this case, the following information is strongly desired by RTCM, as part of this declaration: - granted patent number or patent application number (if pending); - an indication of which portions of the above document are affected; - a description of the patent claims covering the above document. Free of charge: The words free of charge do not mean that the Patent Holder is waiving all of its rights with respect to the essential patent. Rather, free of charge refers to the issue of monetary compensation; i.e., that the Patent Holder will not seek any monetary compensation as part of the licensing arrangement (whether such compensation is called a royalty, a one-time licensing fee, etc.). However, while the Patent Holder in this situation is committing to not charging any monetary amount, the Patent Holder is still entitled to require that the implementer of the above document sign a license agreement that contains other reasonable terms and conditions such as those relating to governing law, field of use, reciprocity, warranties, etc. Reciprocity: As used herein, the word reciprocity means that the Patent Holder shall only be required to license any prospective licensee if such prospective licensee will commit to license its essential patent(s) or essential patent claim(s) for implementation of the same above document free of charge or under reasonable terms and conditions. Signature: Patent Holder Name of authorized person Title of authorized person Signature Place, Date 10