Intellectual Policy

SAE ITC's intellectual property is its most valuable asset. As such, the Consortia expend considerable resources maintaining and protecting its rights to its intellectual property.

SAE ITC reserves the right to copyright any of its print products, electronic products, databases, audio/visual products and any other subject matter. This is intended to protect SAE ITC and its members from unauthorized copying and distribution of SAE ITC intellectual property. SAE ITC's intellectual property may only be used in a manner that furthers the organization's purposes.

It is also SAE ITC policy that the copyrights and other intellectual property rights of third parties be respected and not infringed upon by SAE ITC or any of its consortia, committees, or any employee, member or other person acting on behalf of SAE ITC.

1. SCOPE

   The SAE ITC Intellectual Property (IP) Rights and Usage Policy is a statement of SAE ITC's policy that covers all aspects of its intellectual property ownership and the ownership of such rights by others. This Policy attempts to set forth SAE ITC's position regarding the use of the IP Rights and the policies regarding such use.

2. NATURE OF IP RIGHTS

   The IP Rights of SAE ITC comprise three (3) types of intellectual property: Copyrights, Trademarks and Patents.

   1. Copyrights

      Exclusivity of Rights

      Copyrights cover all aspects of SAE ITC's business such as standards, publications, technical reports, and other published material. Papers, Magazines, Books, Courseware, Journals, and the like are all protected by Copyright. In addition, software, videos, audio files and the SAE ITC Website also come within the protection accorded by Copyright. In summary, Copyright provides the exclusive right to SAE ITC to reproduce, display and distribute the works it publishes and accords SAE ITC the exclusive right to create derivative works from such copyrighted works. These exclusive rights are a substantial economic asset of the Consortia and are not to be exploited without the specific consent of SAE ITC. SAE ITC has an extensive program for the licensing, distribution and sale of its Copyrighted works that is administered by the SAE ITC IP Department.

   2. Acquisition of Rights by SAE ITC

      As a policy, SAE ITC does not publish works in which it does not own the copyright or hold a license. In most cases, the works that SAE ITC publishes are authored by its members, volunteers, third-party contractors, or staff. Accordingly, it is necessary to obtain copyright ownership by SAE ITC of all works that are to be published and distributed by SAE ITC.

   3. Licensing of SAE ITC's Copyrighted Works

      SAE ITC does not permit the use or copying of copyrighted works without a license. A license to use SAE ITC's copyrighted works, including Technical Reports, Magazines, Books, Software and the like can be requested from SAE ITC through its Intellectual Property Department.

3. TRADEMARKS

   The Trade and Service Marks of SAE ITC are valuable assets that distinguish the services and products of SAE ITC. It is important that these Marks be respected and used properly.

   1. Certification and Conformance

      Unless a product or service has passed a conformance test sponsored by SAE ITC, it is inappropriate and improper to use an SAE ITC Mark in connection with such product or service to imply that it has been certified by SAE ITC. Any marketing or advertisement of a product or service claiming conformance to an SAE ITC Technical Report shall indicate the basis of such conformance and shall not imply that SAE ITC has authorized or approved such claim, unless the conformance testing is part of an SAE ITC conformance program permitting such claims.

   2. Using SAE ITC Marks

      When referring to services or products of SAE ITC, the SAE ITC trade and service marks are to be used as an adjective before a generic name of the product or service which is being referenced. If there are questions concerning the use of SAE ITC marks in publication, including the use of marks together with third-party trademarks or tradenames, contact the SAE ITC IP Department.

      1. Use of the SAE ITC Trademarks (Words and Logos)

         The SAE ITC trademarks should only be used in officially sponsored conferences or events of SAE ITC. Guidelines for the use of SAE ITC trademarks are available from the SAE ITC Marketing Department.

      2. Use of SAE Letterhead

         Use of SAE ITC Letterhead or SAE ITC trademarks on non-SAE ITC documents is not permitted unless such person has been authorized by the SAE ITC Office of Secretary. SAE ITC-authorized committee or workgroup letterhead is provided to specifically designated personnel for official SAE ITC use only.

      3. Using Third-Party Marks

         Using the trade or service marks of other organizations in Technical Reports, publications and technical papers should be avoided where possible. However, if it is important to the substance of the publication to use a third-party trade or service mark, one should adhere to the same standards of use as with an SAE ITC mark; that is, to use it as an adjective in front of the generic name of the product or service. An asterisk (*) must be used with a footnote indicating the ownership of the mark. Technical Reports should use the generic description of products in reference to their applicability or suitability for use in conformance to the requirements of the Technical Report.

4. PATENTS

   It has been traditionally the position of SAE ITC to avoid the use of patented technology in Technical Reports. However, with the advent of more complex technologies, it is not always possible to provide Technical Reports that meet today's needs without incorporating technologies that are patented. It has become difficult, if not impossible; to develop standards that do not take advantage of or otherwise incorporate the use of products, systems or process that implementation would necessarily infringe a claim of such a patent. Accordingly, SAE ITC Technical Reports may include the known use of patent(s), including patent applications, if there is in the opinion of the committee developing the Technical Report technical justification and provided that SAE ITC receive assurance from the patent holder that it will license applicants under reasonable terms and conditions for the purpose of implementing the standard. This assurance shall be provided without coercion and prior to the approval of the standard or reaffirmation when a patent becomes known after the initial approval of the standard. This assurance shall be a letter that is in the form of either:

   1. A general disclaimer to the effect that the patentee will not enforce any of its present or future patent(s) whose claims would be necessarily infringed by implementation of the proposed SAE ITC Technical Report against any person or entity implementing the mandatory provisions of the Technical Report to effect compliance or;

   2. A statement that a license will be made available to all applicants without compensation or under reasonable rates, with reasonable terms and conditions that are demonstrably free of any unfair discrimination.