Ballot FORUM-37: Adopt IPR Policy v. 1.4 and Associated Documents
Ben Wilson
Summary
This ballot proposes adoption of a revised Intellectual Property Rights Policy (“Revised IPR Policy”), an updated IPR Policy Agreement, and a revised Patent Exclusion Notice template. The revisions clarify existing practices, align policy text with operational reality, and remove obsolete provisions, while preserving the fundamental structure and intent of the Forum’s IPR framework.
This ballot also establishes fixed effective and compliance dates, a suspension-based enforcement mechanism for non-execution of the updated IPR Policy Agreement, and clear rules governing which version of the IPR Policy applies to ballots that span the policy transition.
Rationale
The Forum’s IPR framework is foundational to its credibility and effectiveness. These revisions clarify existing expectations, align written policy with actual practice, and provide predictable, calendar-based transition rules that reduce ambiguity for members and their legal counsel. The suspension-based enforcement model ensures fairness and proportionality while preserving the integrity of the Forum’s governance requirements.
The following motion has been proposed by Ben Wilson (Mozilla) and is endorsed by
Dimitris Zacharopoulos (HARICA) and Tsung-Min Kuo (Chunghwa Telecom).
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It is hereby moved as follows:
1. Adoption of Revised IPR Policy and Related Documents
Upon approval of this ballot, the CA/Browser Forum adopts:
a revised Intellectual Property Rights Policy (version 1.4);
an updated IPR Policy Agreement; and
a Patent Exclusion Notice template,
as set forth here:
2. Effective Date of the Revised IPR Policy
The revised IPR Policy (v.1.4) shall become effective on June 1, 2026 (the “Effective Date”).
3. Applicability of the Revised IPR Policy to Ballots
The applicability of the revised IPR Policy to Forum ballots shall be determined based on the initiation of the applicable IPR review period, as follows:
Any ballot for which the IPR review period is initiated before June 1, 2026, shall be governed by the version of the IPR Policy in effect at the time that review period was initiated.
Any ballot for which the IPR review period is initiated on or after June 1, 2026, shall be governed by the Revised IPR Policy.
The Revised IPR Policy shall not apply retroactively to any ballot, IPR review period, exclusion notice, or related obligation initiated prior to its effective date.
4. Execution of Updated IPR Policy Agreement
Each member organization of the CA/Browser Forum shall execute and submit a signed copy of the updated IPR Policy Agreement no later than June 1, 2026.
Execution of the updated IPR Policy Agreement is a condition of continued membership in good standing and of the exercise of participation rights within the Forum.
5. Suspension for Failure to Execute Agreement
Any member organization that has not executed and submitted the updated IPR Policy Agreement by June 1, 2026, shall be automatically suspended effective that date.
During the period of suspension, a suspended member organization shall not:
Vote on ballots;
Make or second motions;
Participate in Working Group decision-making or consensus determinations; or
Exercise any other participation rights reserved to members in good standing under the Forum’s bylaws and operating procedures.
Suspension shall be lifted automatically upon execution and submission of the updated IPR Policy Agreement, provided that termination has not occurred pursuant to Section 6.
6. Termination Following Prolonged Suspension
If a member organization remains suspended for a continuous period ending on September 1, 2026, due to failure to execute and submit the updated IPR Policy Agreement, that organization’s membership in the CA/Browser Forum shall be terminated, without further action or vote, subject to applicable provisions of the Forum’s Bylaws.
7. Administrative Discretion
Nothing in this ballot is intended to limit the authority of the CA/Browser Forum Chair to address exceptional administrative circumstances arising in connection with the implementation of the IPR Policy, in a manner consistent with the Forum’s Bylaws and established governance practices. Any such administrative accommodation shall be temporary in nature, and any relief granted shall not extend beyond December 1, 2026.
8. No Retroactive Effect
Adoption of the Revised IPR Policy, updated IPR Policy Agreement, and revised Patent Exclusion Notice template shall not retroactively alter or reopen any prior IPR review periods, exclusion notices, or commitments made under previously adopted versions of the IPR Policy.
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Discussion and Voting Periods
Discussion Period: March 3, 2026 (1600 UTC) through March 24, 2026 (1600 UTC)
Voting Period: Beginning on or about March 25, 2026 [7 days]