astm international intellectual property policy and procedures

ASTM International

Intellectual Property Policy and Procedures

Copyright

1. Constitutional Clause:“The Congress shall have power to promote the progress of

science and useful arts, by securing for a limited time to

authors and inventors the exclusive right to their respective

writings and discoveries…”

U.S. Constitution art. I, § 8, cl. 8

2. Copyright Act (17 U.S.C. §101)“Original works of Authorship”

“Fixed in a Tangible Medium”

1. Who can Copyright?

Author

Employer (Work-for-Hire)

Assignee

2. What are the rights protected?

Reproduction

Derivative Works

Distribution/Sale

How does ASTM acquire ownership/copyright? Assignment

Membership Application

“You agree, by your participation in ASTM…

to have transferred and assigned any and all interest

you possess or may possess, including copyright,

in the development of ASTM standards or ASTM

IP to ASTM.”

Intellectual Property Policy

V.D. By participating in any ASTM International technical committee and/or participating in the creation, development and/or adoption of ASTM IP, participants and committee members acknowledgethat the copyright to such IP resides in ASTM. Each ASTM member . . . transfer[s] any and all ownership interest, including copyright . . . to ASTM. Ifrequested, you agree to execute any and all additional documents necessary and appropriate to transferand effectuate ownership of such rights…

When does a standard/draft become ASTM IP?

Right From The Beginning

Working Document Caveats

Use: Ballot Items – New Standards

This draft document is not an ASTM International standard; it is under consideration within an ASTM International technical committee but has not received all approvals required to become an ASTM International standard. It shall not be reproduced or circulated or quoted, in whole or part, outside of ASTM International Committee activities except with the approval of the Chairman of the Committee having jurisdiction and the President of the Society. Copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428. All rights reserved.

Use: Ballot Items – Revisions

This standard is under consideration for revision within an ASTM International technical committee. The revisions proposed have not received all approvals required to become an ASTM International standard. It shall not be reproduced or circulated or quoted, in whole or part, outside of ASTM International Committee activities except with the approval of the Chairman of the Committee having jurisdiction and the President of the Society. Copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428. All rights reserved.

When/How does a Research Report become ASTM IP?

Again, From The Beginning and

From Assignment (or Work-For-Hire)

Research Reports

On the Research Report:

This ASTM International Research Report contains proprietary information and/or data generated from conducting an ASTM Test Method. The purpose of this information is solely to validate the ASTM Test Method. The data and analyses may not be reproduced, circulated or quoted, in whole or part, without written permission from ASTM International. Copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428. All rights reserved.

Research Reports

On Information Provided to the Round Robin Coordinator:

The information and/or data contained here was generated from conducting an approved or draft ASTM International Test Method, and is intended to be included as part of a copyrighted ASTM International Research Report. The purpose of this information is solely to validate the ASTM International Test Method. This information and/or data is under consideration within an ASTM International technical committee but has not received all approvals required to become part of an ASTM International standard. The data and analyses may not be reproduced, circulated or quoted, in whole or part, without written permission from ASTM International. Copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428. All rights reserved.

On Web Page Where Labs Enter Data

“You agree the data generated as a result of the proficiency testing services and provided to ASTM is confidential information and you further agree not to discloseor provide this data to anyone else without ASTM’s written consent. You alsoacknowledge and agree that the report generated as a result of this proficiency testing program will be copyrighted by ASTM International. You may however sharedata with an accreditation body for auditing purposes only. You hereby assign toASTM any rights you may have in data you provide to ASTM International by clicking on the link.”

E-mail Labs Receive to Access Data:

Please note that on the inside cover you will see the ASTMcopyright statement. This statement is provided to prevent therepublication and distribution of the report by others who mayobtain copies somehow. It is not intended to prevent you frommaking appropriate copies for use within your own laboratory.You also agree that the data you provide is confidential and willnot disclose it to anyone else without ASTM’s written consent.

JOINT STANDARDS DEVELOPMENT

Means Sharing IP

If ASTM IP, must follow ASTM Practice

If Another’s IP (ISO, EI, API)

Need to follow:

ASTM Procedure:

ASTM IP Policy V1.4.2:

Staff should obtain written permission from

other organization Other Organization’s Procedure(s) – if any

TRADEMARKS

ASTM Logo Policy:

Cannot be used to signify or imply

approval or certification by ASTM of

Business, Product or Services

PATENTS

Reg. 15: Preference for Generic Standard w/o Patents Committee determines if Patent necessary for

inclusion Final standard must include FN asking for alternatives Committee must promptly consider alternatives

Related: Reg. F+S F.4 Specific Sources of Supply