Article 14 of the Memorandum of Understanding of the DVB Project sets out its IPR policy. This web page sets out a summary of aspects of the policy. Please refer to article 14 which is the controlling document.

The Steering Board has reconfirmed the DVB’s policy on copyright.

It has also reconfirmed the importance of the separate IPR policies of standards bodies to which the DVB’s specifications may be submitted. For example, members are reminded of the policy of the European Telecommunications Standards Institute in notices sent to members at the time of adoption of specifications.

Article 14 has several important elements, presented in paragraphs B, C and D below.


B.

C.

If a member is not able to grant such a licence, it must give notice. (Articles 14.1, 14.3)

We call this process “negative disclosure”, contrasting with the approach of other bodies calling for affirmative disclosure of IPRs held by a member.

It might be worth noting that no DVB member has yet given a notice under either article 14.1 or article 14.3.

D.

The DVB fosters the formation of voluntary joint licensing programmes covering DVB specifications. (Article 14.9) Here is a list of links to licensing programmes – both completed or in formation - covering DVB standards.

The DVB fosters by applying a number of tools to encourage patent holders to form patent pools promptly after standardisation. These tools include:

• a mechanism for early confirmation by a technology contributor of its willingness to participate in a pooling effort;
• information meetings of patent holders and other interested parties while the specification is under development;
• a process for a “light-touch” essentiality review to determine eligibility for participation in initial meetings  of a pooling effort;
• provision of DVB technical expertise in helping to define the scope of a pooling effort and in “peer review”;
• monitoring of the facilitation of the formation of a programme; and
• a forum for exchange of views among DVB member on the terms offered by a licensing programme.

E.

The DVB coordinates its IPR policy with the policies of sister standards fora. When considering a liaison, DVB reviews the IPR policy of the sister forum. It generally expects that the forum has a policy comparable to DVB’s or in line with broadly accepted principles (for example, those adopted by ANSI). (If the forum has a different policy, DVB may ask that its participants that are not members of DVB sign a statement agreeing with DVB’s own policy.) Thereafter DVB and the forum negotiate a liaison agreement. Over time, the form of the agreement has become virtually standardised. Further information on liaisons can be obtained from eltzroth@dvb.org.  

In addition, DVB has developed procedures for links with sister fora based on its Globally Executable MHP (GEM).

It is important that our sister fora understand, in addition to the DVB Project's IPR policy, our policy on document disclosure.

F.

The DVB BlueBook, MHP Implementation Arrangements and associated agreements, A066r1 (July 2003), sets out the underlying agreements, together with an explanation of the conformance testing process. (This BlueBook also is a useful compendium of many of the documents referred to on this page.) BlueBook A066r1, along with more recent Corrigenda and Addenda can be found on the MHP website. ETSI also acts as the custodian for this regime.

G.

The DVB Project owns the DVB and MHP marks. For the use of the DVB mark, an implementer files a certificate of conformity following the instructions set out on the form. For the MHP mark, the implementer should examine the arrangements described in paragraph F above.

H.

The DVB Project has an Intellectual Property Rights Module whose objective is described in article 9 MoU. DVB members can participate in the work of the IPRM. If you are a DVB member and would like to follow the work of the IPRM, please login to this website and alter your profile accordingly.

I.

Questions on the IPR policy of the DVB Project can be addressed to the Chairman IPRM, Anthony Dixon, dixon@dvb.org, or to DVB’s Legal Director, Carter Eltzroth, eltzroth@dvb.org.