DS/CEN/CLC Guide 8:2012 ( Withdrawn )

CEN-CENELEC Guidelines for Implementation of the Common IPR Policy on Patent (and other statutory intellectual property rights based on inventions)

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CEN and CENELEC have had an intellectual property rights (IPR) policy for many years
under the provision of the CEN-CENELEC Guide 8 “Standardization and intellectual
property rights (IPR)”; the purpose of these common guidelines is to provide in simple
words practical guidance to the participants in their technical bodies in case patent or
other intellectual property rights matters arise.
For the sake of clarity this document refers to “patents”, as most – but not all – IPR issues
that CEN and CENELEC technical bodies have to deal with concern patent rights.
However, the same implementation principles shall apply to other statutory intellectual
property rights based on inventions that may arise, such as utility models or registered
semiconductor topographies (see Clause 2, Terms and definitions).
Considering that technical experts are not normally familiar with the complex issue of
patent law, the Common Patent Policy for ISO/IEC/ITU endorsed by CEN and CENELEC
(hereafter referred to as the “Patent Policy”) was drafted in its operative part as a checklist
covering the three different cases which may arise if a deliverable requires licences for
patents to be practiced or implemented, fully or partly.
These Guidelines for Implementation of the Common IPR Policy for CEN and CENELEC
(hereafter referred to as the “Guidelines”) are intended to complement, clarify and
facilitate the implementation of the Patent Policy, a copy of which can be found in Annex 1 and also on the websites of both organisations.
The CEN and CENELEC Patent Policy requests stakeholders participating in technical
Committees, and in particular patent holders, to proceed to early disclosures and
identification of patents that may be considered, at the best of their knowledge, to be
essential for the future use of the deliverables under development. In doing so, greater
efficiency in standards development is possible and potential patent rights problems can
be avoided.
CEN and CENELEC are not involved in evaluating patent relevance or essentiality with
regard to deliverables, nor to interfere with licensing negotiations, or engage in settling
disputes on patents. This is left to the parties concerned.

Number of pages: 20

Published: 2012-07-06

Date of approval: 2012-03-22

Date of withdrawal: 2015-12-10

International relationships: CEN/CLC Guide 8:2011 IDT

ICS: 01.120 - Standardization. General rules 03.140 - Patents. Intellectual property

Item number: M262080



  • CEN/SS A99

Danish committee