ASTM International

2006

Officers Conference

LEGAL ISSUES

1. Intellectual Property

• Copyright

• Trademark

• Patent

2. Antitrust

Two major types of legal issues:

Copyrights• Ownership –

– IP Policy– Organizational copyright– Task Group Participation form

• What can ASTM do?

•Reproduction

•Distribution

•Derivative works

Reason - Control of Content

• Control of technical content– Once content is gone, lose ability to influence

technical content, quality

• Maintenance (both timing & scope)

• Sustain the Society

• Allows new areas of standardization

ASTM Use of Copyrighted Material

• Material from other SDOs– Form & Style F5– One-shot licenses

• Materials from other Sources– Task Group Participation Form

• Internet materials

Trademarks

-Distinctive mark that indicates source or origin

-ASTM logo & initials, ASTM International

- Logo policy

•To denote membership

•To link to ASTM website

•Organizational members

Patents

-Bylaw 15– Patents in Standards

Problem – related to antitrust issues.

1. Identify other alternatives

2. If alternative exists, omit reference to patented item

3. Disclaimer re: identification or validity of patents

The Problems

• Intellectual Property Violations

• Control Over Electronic Delivery/Use

• Veeck

Combating IP Violations

• Internet Search Program• Zero Tolerance

– C & D Letter to Website Owner

– DMCA Letter to ISP• Intellectual Property Policy• Click-Thru License

Combating Electronic Misuse

Watermarking Digital Watermarking Document Locking New Web/Internet Download

Licenses New Reseller Licenses

Anti-Trust• Acts or conspiracy in restraint of trade• Antitrust policy seeks to

– limit market domination (monopoly power)– curb practices that restrict competition

• Practices subject to antitrust action– collusive agreements among firms

• Price fixing• Restricting market entry ***

– exclusive dealings– Predatory behavior

Common sense guidelines – things to watch for

• Do not discuss prices with other members (price-fixing).

• Do not agree with other members to stay out of a certain market.

• Do not join forces with other members to restrict market access to others.***

• Do not join forces with other members to disadvantage competitors.

• Do not discuss tying the sale of one product to another.

• Don’t view standards as a means of restricting competition.***

Defense Against Antitrust Allegations

Due Process

– Notice (of proposed standard; proposed actions)

– Written procedures

– Opportunity (to participate)

• Committee operations

• Committee balance

• Resolution of negatives

– Adequate records (including minutes)

– Balloting Appeal/review

It’s the Process• Know the Regulations (Blue Book)

– Patent Policy Reg. 15

– How to handle negatives

– Proxies

• Know and apply F&S

– Caveats

• Read ASTM Technical Committee Officer Handbook

• Staff Manager

• General Counsel

Questions?? Comments?

Thomas B. O'Brien Jr.General Counsel

ASTM International100 Barr Harbor Drive

West Conshohocken, PA 19428-29591-610-832-9597

1-610-832-9599 (fax)tobrien@astm.org