The TAICS Policy regarding IPRs that cover the subject matters of TAICS Standards is embodied in the TAICS bylaws in article 34 to article 36. Guidelines for the Handling of IPRs relating to TAICS Standards, has been adopted by the Technical Management Committee and was approved by the General assembly.
The objective of establishing TAICS Standards is to provide solutions which best meet domestic industrial needs, whilst ensuring compatibility and end to end interconnection of telecommunication and related information service on a global as well as national-wide basis.
To meet this objective, TAICS, as a standards-development body accredited by Ministry of Economic Affairs, endeavors to develop and provide standards based on the latest domestic and international technological advances and solutions which best meet the technical objectives of local industry.
In order to further this objective, the TAICS IPR Policy seeks to reduce the risk to TAICS, its members, and others applying TAICS Standards, that investment in the preparation, adoption and application of Standards could be wasted as a result of an Essential IPR for a Standard being unavailable. In achieving this objective, the TAICS IPR Policy seeks a balance between the needs of standardization for public use in the field of information and communications and the rights of the owners of IPRs.
IPRs holders, whether members of TAICS, and their affiliates or third parties, should be adequately and fairly rewarded for the use of their IPRs in the implementation of Standards.
The gist of the TAICS IPR Policy is summarized as follows:
1. Disclosure of IPRs
TAICS is not liable for the search and confirmation of any essential IPRs which may cover subject matters of proposed TAICS Standard. But it is desirable the fullest available information could be disclosed.
Accordingly, each member shall use his reasonable endeavors, in particular during the development of a Standard where he participates, to inform TAICS of any known IPRs or any known pending IPR applications which might be essential in a timely fashion. In particular, a member submitting a technical proposal for a Standard shall, on a bona fide basis, draw the attention of TAICS to any of that member's IPR which might be essential if that proposal is adopted. However, TAICS is not liable for the validity of any such relevant IPRs information.
2. Request for Written Undertaking of the IPR from the IPR Holders to Grant Licenses on the IPRs
When an IPR relating a proposed TAICS standard is brought to the attention of TAICS, the Secretariat of TAICS shall immediately request the relevant IPR holder to give within sixty days an irrevocable written undertaking of its intent to grant irrevocable licenses on the IPR for the purpose of implementing the TAICS standard.
3. Terms and Conditions for granting licenses on the IPRs for the purpose of implementation of TAICS standards
Informed of any written undertaking by the relevant IPR holders, following by careful review and study, TAICS shall proceed to develop and establish the TAICS standard as proposed if the IPR holder is willing to comply with the provisions of either Clause 3.1 or Clause 3.2.
3.1 If the relevant IPR holder will grant licenses on the IPR without compensation and on a fair and non-discriminatory basis, the TAICS standard shall be freely accessible to every standard user, subject to no royalties or particular conditions.
3.2 If the relevant IPR holder is not willing to waive his rights but would be willing to negotiate licenses with standard users on fair, reasonable and non-discriminatory basis, the negotiations are left to the parties concerned.
3.3 Where, prior to the publication of a Standard, an IPR owner informs TAICS that it is not prepared to license an IPR in respect of a Standard in accordance with Clause 3.1 or 3.2 above, the Technical Committee shall review the requirement for that Standard to see if a viable alternative technology is available for the Standard, which is not blocked by that IPR and satisfies that Standard’s requirements.
Where no such viable alternative technology exists, work on the Standard shall cease until this IPR licensing be resolved.
4. Responsibility of TAICS
TAICS shall not be responsible for the accuracy and validity of relevant IPRs claimed by IPR holders, nor shall be involved in the arbitration of disputes between IPR holders and users of TAICS standards.
TAICS 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 TAICS.