CAR 2 CAR Communication Consortium Intellectual Property Rights Policy

1 Introduction

The General Assembly of CAR 2 CAR-Communication Consortium (C2C-CC) has established the following Intellectual Property Rights POLICY.

2 Definitions

Terms in the POLICY which are written in capital letters shall have the meaning set forth in Clause 15 entitled Definitions.

3 Policy Objectives

3.1 It is C2C-CC's objective to develop TECHNICAL SPECIFICATIONS and deploy Cooperative Intelligent Transport System (C-ITS) based on inter-vehicle (V2V), vehicle and roadside infrastructure (V2I) and between vehicle and other road users (V2X) communication for improving road safety and road efficiency. The Consortium aims on ensuring the interoperability of cooperative systems, spanning all road users, vehicle classes across brands and borders. 
In order to further this objective, the C2C-CC IPR POLICY seeks to reduce the risk to C2C-CC, MEMBERS, and others applying C2C-CC TECHNICAL SPECIFICATIONS, that investment in the preparation, adoption and application of TECHNICAL SPECIFICATIONS could be wasted as a result of an ESSENTIAL IPR for a TECHNICAL SPECIFICATION being unavailable. In achieving this objective, the C2C-CC IPR POLICY seeks a balance between the needs of standardization for public use in the field of C-ITS and the rights of the owners of IPRs.

3.2 IPR holders whether members of C2C-CC and their AFFILIATES or third parties, should be adequately and fairly rewarded for the use of their IPRs in the implementation of TECHNICAL SPECIFICATIONS.

3.3 C2C-CC shall take reasonable measures to ensure, as far as possible, that its activities which relate to the preparation, adoption and application of TECHNICAL SPECIFICATIONS, enable TECHNICAL SPECIFICATIONS to be available to potential users in accordance with the general principles of standardization.

4 Disclosure of IPRs

4.1 Subject to Clause 4.2 below, each MEMBER shall use its reasonable endeavours, in particular during the development of a TECHNICAL SPECIFICATION where it participates, to inform C2C-CC of ESSENTIAL IPRs in a timely fashion. In particular, a MEMBER submitting a technical proposal for a TECHNICAL SPECIFICATION shall, on a bona fide basis, draw the attention of C2C-CC to any of that MEMBER's IPR which might be ESSENTIAL if that proposal is adopted.

4.2 The obligations pursuant to Clause 4.1 above do however not imply any obligation on MEMBERS to conduct IPR searches.

4.3 The obligations pursuant to Clause 4.1 above are deemed to be fulfilled in respect of all existing and future members of a PATENT FAMILY if C2C-CC has been informed of a member of this PATENT FAMILY in a timely fashion. Information on other members of this PATENT FAMILY, if any, may be voluntarily provided.

5 Procedures for Committees

C2C-CC shall establish guidelines for the Chairs of COMMITTEES with respect to ESSENTIAL IPRs.

6 Availability of Licences

6.1 When an ESSENTIAL IPR relating to a particular TECHNICAL SPECIFICATION is brought to the attention of C2C-CC, the General Manager of C2C-CC shall immediately request the owner to give within three months an irrevocable undertaking in writing that it is prepared to grant irrevocable licences on fair, reasonable and non-discriminatory ("FRAND") terms and conditions under such IPR to at least the following extent:

  • MANUFACTURE, including the right to make or have made customized components and sub-systems to the licensee's own design for use in MANUFACTURE;
  • sell, lease, or otherwise dispose of EQUIPMENT so MANUFACTURED;
  • repair, use, or operate EQUIPMENT; and
  • use METHODS.

The above undertaking may be made subject to the condition that those who seek licences agree to reciprocate.

6.1bis Transfer of ownership of ESSENTIAL IPR

FRAND licensing undertakings made pursuant to Clause 6 shall be interpreted as encumbrances that bind all successors-in-interest. Recognizing that this interpretation may not apply in all legal jurisdictions, any Declarant who has submitted a FRAND undertaking according to the POLICY who transfers ownership of ESSENTIAL IPR that is subject to such undertaking shall include appropriate provisions in the relevant transfer documents to ensure that the undertaking is binding on the transferee and that the transferee will similarly include appropriate provisions in the event of future transfers with the goal of binding all successors-in-interest. The undertaking shall be interpreted as binding on successors-in-interest regardless of whether such provisions are included in the relevant transfer documents.

6.2 An undertaking pursuant to Clause 6.1 with regard to a specified member of a PATENT FAMILY shall apply to all existing and future ESSENTIAL IPRs of that PATENT FAMILY unless there is an explicit written exclusion of specified IPRs at the time the undertaking is made. The extent of any such exclusion shall be limited to those explicitly specified IPRs.

6.3 As long as the requested undertaking of the IPR owner is not granted, the COMMITTEE Chairs should, if appropriate, in consultation with the General Manager use their judgment as to whether or not the COMMITTEE should suspend work on the relevant parts of the TECHNICAL SPECIFICATION until the matter has been resolved and/or submit for approval any relevant TECHNICAL SPECIFICATION.

6bis  Use of the IPR Licensing Declaration Forms

MEMBERS shall use one of the C2C-CC IPR Licensing Declaration forms at the Appendix to this C2C-CC IPR Policy to make their IPR licensing declarations.

7 Information on IPR by C2C-CC

7.1 Any published TECHNICAL SPECIFICATION shall include information pertaining to ESSENTIAL IPRs which are brought to the attention of C2C-CC prior to such publication.

7.2 C2C-CC shall establish appropriate procedures to allow access to information at any time with respect to ESSENTIAL IPRs which have been brought to the attention of C2C-CC.

8 Non-availability of Licences

8.1 Non-availability of licences prior to the publication of a TECHNICAL SPECIFICATION

8.1.1 Existence of a viable alternative technology
Where prior to the publication of a TECHNICAL SPECIFICATION an IPR owner informs C2C-CC that it is not prepared to license an IPR in respect of a TECHNICAL SPECIFICATION in accordance with Clause 6.1 above, the General Assembly shall review the requirement for that TECHNICAL SPECIFICATION and satisfy itself that a viable alternative technology is available for the TECHNICAL SPECIFICATION which:

  • is not blocked by that IPR; and
  • satisfies C2C-CC's requirements.

8.1.2 Non-existence of a viable alternative technology
Where, in the opinion of the General Assembly, no such viable alternative technology exists, work on the TECHNICAL SPECIFICATION shall cease, and the General Manager of C2C-CC shall observe the following procedure: 

a) If the IPR owner is a MEMBER,

  1. the Director-General of C2C-CC shall request that MEMBER to reconsider its position. 
  2. If that MEMBER however decides not to withdraw its refusal to license the IPR, it shall then inform the General Manager of C2C-CC of its decision and provide a written explanation of its        reasons for refusing to license that IPR, within three months of its receipt of the General Manager's request.
  3. The General Manager of C2C-CC shall then send the MEMBER's explanation together with relevant extracts from the minutes of the General Assembly to the C2C-CC Steering Committee for consideration.

b) If the IPR owner is a third party, 

  1. the General Manager of C2C-CC shall, wherever appropriate, request full supporting details from any MEMBER who has complained that licences are not available in accordance with Clause 6.1 above and/or request appropriate MEMBERS to use their good offices to find a solution to the problem. 
  2. Where this does not lead to a solution the General Manager of C2C-CC shall write to the IPR owner concerned for an explanation and request ultimately that licences be granted according to Clause 6.1 above.
  3. Where the IPR owner refuses the Director-General's request and decides not to withdraw its refusal to license the IPR or does not answer the letter within three months after the receipt of the General Manager's request, the General Manager shall then send the IPR owner's explanation, if any, together with relevant extracts from the minutes of the General Assembly to the C2C-CC Steering Committee for consideration.

8.1.3 Prior to any decision by the General Assembly, the COMMITTEE should in consultation with the General Manager use their judgment as to whether or not the COMMITTEE should pursue development of the concerned parts of the TECHNICAL SPECIFICATION based on the non-available technology and should look for alternative solutions.

8.2 Non-availability of licences after the publication of a TECHNICAL SPECIFICATION
Where, in respect of a published TECHNICAL SPECIFICATION, C2C-CC becomes aware that licences are not available from an IPR owner in accordance with Clause 6.1 above, that TECHNICAL SPECIFICATION shall be referred to the General Manager of C2C-CC for further consideration in accordance with the following procedure:

a) The General Manager shall request full supporting details from any MEMBER or third party who has complained that licences are not available in accordance with Clause 6.1 above.

b) The General Manager shall write to the IPR owner concerned for an explanation and request that licences be granted according to Clause 6.1 above.  Where the concerned IPR owner is a MEMBER, it shall inform the General Manager of C2C-CC of its decision and provide a written explanation of its reasons in case of continuing refusal to license that IPR.

c) Where the IPR owner refuses the General Manager's request or does not answer the letter within three months, the General Manager shall inform the General Assembly and, if available, provide the General Assembly with the IPR owner's explanation for consideration. A vote shall be taken in the General to immediately refer the TECHNICAL SPECIFICATION to the relevant COMMITTEE to modify it so that the IPR is no longer ESSENTIAL.

d) Where the vote in the General Assembly does not succeed, then the General Assembly shall, where appropriate, consult the C2C-CC Steering Committee with a view to finding a solution to the problem. In parallel, the General Assembly may request appropriate MEMBERS to use their good offices to find a solution to the problem.

In carrying out the foregoing procedure due account shall be taken of the interest of the enterprises that have invested in the implementation of the TECHNICAL SPECIFICATION in question.

9 C2C-CC ownership of IPRs

9.1 The ownership of the copyright in TECHNICAL SPECIFICATIONS documentation and reports created by C2C-CC or any of its COMMITTEES shall vest in C2C-CC but due acknowledgement shall be given to copyrights owned by third parties that are identifiable in C2C-CC copyrighted works.

9.2 Void.

9.3 In respect of IPRs other than copyright in TECHNICAL SPECIFICATIONS documentation and reports, C2C-CC shall only seek ownership of IPRs generated either by its employees or by secondees to C2C-CC from organizations who are not MEMBERS.

9.4 C2C-CC shall, on request by a non-member, grant licences to that non-member on fair and reasonable terms and conditions in respect of any IPRs, other than those referred to in Clause 9.1 above, owned by C2C-CC. MEMBERS shall be allowed to use IPRs owned by C2C-CC free of charge.

10 Confidentiality

The proceedings of a COMMITTEE shall be regarded as non-confidential except as expressly provided below and all information submitted to a COMMITTEE shall be treated as if non-confidential and shall be available for public inspection unless:

  • the information is in written or other tangible form; and
  • the information is identified in writing, when submitted, as confidential; and
  • the information is first submitted to, and accepted by, the Chair of the COMMITTEE as confidential.

CONFIDENTIAL INFORMATION incorporated in a or TECHNICAL SPECIFICATION shall be regarded as non-confidential by C2C-CC and its MEMBERS, from the date on which the TECHNICAL SPECIFICATION is published.

11 Reproduction of Documentation

MEMBERS may make copies of TECHNICAL SPECIFICATIONS documentation produced by C2C-CC for their own use free of charge but may not distribute such copies to others.

12 Law and Regulation

The POLICY shall be governed by the laws of Germany. However, no MEMBER shall be obliged by the POLICY to commit a breach of the laws or regulations of its country or to act against supranational laws or regulations applicable to its country insofar as derogation by agreement between parties is not permitted by such laws.

Any right granted to, and any obligation imposed on, a MEMBER which derives from German law and which are not already contained in the national or supranational law applicable to that MEMBER is to be understood as being of solely a contractual nature.

13 Policy Decisions

Without prejudice to C2C-CC's Statutes and Rules of Procedure, no decisions shall be taken by C2C-CC in relation to implementation of the POLICY unless supported by a 71% majority of the votes cast by MEMBERS.

14 Violation of Policy

Any violation of the POLICY by a MEMBER shall be deemed to be a breach, by that MEMBER, of its obligations to C2C-CC. The C2C-CC General Assembly shall have the authority to decide the action to be taken, if any, against the MEMBER in breach, in accordance with the C2C-CC Statutes.

15 Definitions

"AFFILIATE" of a first legal entity means any other legal entity:

  • directly or indirectly owning or controlling the first legal entity; or
  • under the same direct or indirect ownership or control as the first legal entity; or
  • directly or indirectly owned or controlled by the first legal entity;

for so long as such ownership or control lasts.

Ownership or control shall exist through the direct or indirect:

  • ownership of more than 50% of the nominal value of the issued equity share capital or of more than 50% of the shares entitling the holders to vote for the election of directors or persons performing similar functions; or
  • right by any other means to elect or appoint directors, or persons who collectively can exercise such control. A state, a division of a state or other public entity operating under public law, or any legal entity, linked to the first legal entity solely through a state or any division of a state or other public entity operating under public law, shall be deemed to fall outside the definition of an AFFILIATE.

“BSP” means the C-ITS Basic System Profile developed and published by the CAR 2 CAR Communication Consortium, consisting of published documents released by C2C-CC as a result of the work. Currently, the C2C-CC provides its published releases of the C-ITS Basic System Profile on-line under the url https://www.car-2-car.org/documents/basic-system-profile/.

“C2C-CC” shall mean the CAR 2 CAR Communication Consortium.

"COMMITTEE" shall mean any Technical Body of C2C-CC and shall include C2C-CC Plenary, Working Groups, Task Forces, Projects, C2C-CC Partnership Projects, and their Working Groups.

"CONFIDENTIAL INFORMATION" shall mean all information deemed to be confidential pursuant to Clause 10 of the POLICY disclosed directly or indirectly to the MEMBER.

"EQUIPMENT" shall mean any system, or device fully conforming to a TECHNICAL SPECIFICATION.

"METHODS" shall mean any method or operation fully conforming to a TECHNICAL SPECIFICATION.

"ESSENTIAL" as applied to IPR means that it is not possible on technical (but not commercial) grounds, taking into account normal technical practice and the state of the art generally available at the time of standardization, to make, sell, lease, otherwise dispose of, repair, use or operate EQUIPMENT or METHODS which comply with a Technical Specification without infringing that IPR. For the avoidance of doubt in exceptional cases where a Technical Specification can only be implemented by technical solutions, all of which are infringements of IPRs, all such IPRs shall be considered ESSENTIAL.

"IPR" shall mean any intellectual property right conferred by statute law including applications therefor other than trademarks. For the avoidance of doubt rights relating to get up, confidential information, trade secrets or the like are excluded from the definition of IPR.

"MANUFACTURE" shall mean production of EQUIPMENT.

"MEMBER" shall mean PARTNERS, ASSOCIATE MEMBERS and DEVELOPMENT MEMBERS of CAR 2 CAR Communication Consortium. References to a MEMBER shall wherever the context permits be interpreted as references to that MEMBER and its AFFILIATES.

“PATENT FAMILY" shall mean all the documents having at least one priority in common, including the priority document(s) themselves.  For the avoidance of doubt, "documents" refers to patents, utility models, and applications therefor.

"POLICY" shall mean CAR 2 CAR Communication Consortium's Intellectual Property Rights Policy.
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"TECHNICAL SPECIFICATION" shall mean any contents of any release of the BSP. adopted by C2C-CC including options therein or amended version including drafts, of the BSP which are available to all MEMBERS, but not including any technical specifications or standards, or parts thereof, not made by C2C-CC.

The date on which a TECHNICAL SPECIFICATION is considered to be adopted by C2C-CC for the purposes of this POLICY shall be the date on which the technical content of that TECHNICAL SPECIFICATION was available to all MEMBERS.