Updated GS1 Intellectual Property (IP) Policy
New April 2025! Updated Intellectual Property (IP) Policy
GS1 has approved an updated Intellectual Property (IP) Policy, which will be rolled out in the coming months. The last major update was in 2009, and this revision reflects today’s best practices for standards development.
The new policy maintains the core principles of the original, but introduces clearer language, improved structure, and several key updates including simplified, technology-neutral terms, clarified procedures, and defined rules for dispute resolution.
What this means for you:
The transition for all current participants in GSMP work groups will begin in July. Both GS1 Member Organisations and companies will be required to sign the updated IP Policy and Opt-In agreements.
We’re giving you early notice now so you have time to prepare. Detailed instructions and access to the new documents will follow soon. There was a session on the new Intellectual Property Policy at the Standards Week, you can watch the replay on the Event website.
What to expect:
• Now – early May: Advance notice of migration plan
• May: New IP Policy and Opt-In agreements available for new participants
• July: Signing begins for all current GSMP participants
We will continue to keep you informed throughout this transition.
If you have any questions in the meantime, don’t hesitate to reach out to gsmp@gs1.org.
Thank you for your continued commitment to GS1 standards and the GSMP!
Regards,
Andrew,
Andrew Hearn
Vice President, Standards
1. Is there a deadline by which an organisation cannot participate if it has not signed the updated IP Policy?
Currently, there is no transition deadline date, but we are targeting the end of July 2025. As the transition progresses, we may add a deadline date.
2. Who will the next steps and information come from?
The information will come from GSMP.
3. Will the GS1 Member Organisations (MOs) have resources to help their members transition to the updated IP Policy?
GS1 GO will provide documentation for MOs to answer questions or guide their members to GO resources for help in the transition.
4. Under the GS1 IP Policy, are IP owners granting a license for anyone to use a patent in any way they want?
No, license benefits only apply to parties that are implementing the corresponding GS1 standard when use of the patent (or other IP) is needed to implement that GS1 standard. The license does not extend beyond that specific usage.
5. Please explain the reciprocity clause
Licenses that enable the implementation of GS1 standards come from two primary sources: (a) direct licenses from the participants in GS1 standard development work groups, and (b) reciprocal licenses from parties that implement standards, regardless of whether they participated in a GS1 work group. That second category of licenses is the result of the “reciprocity clause.” It’s useful to understand how these two categories of licenses work together, as explained below.
- (a) Direct licenses under the IP Policy. The participants in a GS1 standard development work group are required to sign the IP Policy, which grants licenses to parties that implement the standard developed by that work group. Those licenses provide a great benefit to implementers of GS1 standards all over the world. However, many of the parties who implement standards did not participate in the GS1 work group, and did not grant a direct license through the IP Policy. What if that implementer owns IP that would prevent other parties from implementing the same standard? This leads us to the second category of licenses under the reciprocity clause.
- (b) Licenses under the Reciprocity Clause. If a party is implementing a GS1 standard and therefore taking the benefit of the licenses that come with that standard, and if that implementer also owns a patent (or other IP) that is needed for the implementation of that standard, that implementer is also required to grant the same or similar licenses to other parties that implement the same standard. This reciprocity obligation is spelled out in the IP Policy. It is incorporated by reference into the documentation of the standard, which implementers accept when they choose to implement a standard.
The purpose of the IP Policy and those two licensing sources is to provide the best protection possible for implementers of GS1 standards and to help minimise the chance that implementing a GS1 standard would result in an infringement claim.
GS1 Intellectual Property (IP) Policy
The GS1 Intellectual Property (IP) Overview
The GS1 Intellectual Property Policy (IP Policy) establishes various rights and obligations regarding patents and other intellectual property (IP) that are needed for the implementation of GS1 standards. In particular, it is designed to help protect implementers from risk of infringement liability. It also helps ensure that the development of GS1 standards is conducted in a fair, transparent and neutral manner. This policy is integral to GS1's role as the leading standards development organisation serving business and supply chain operations.
The important role of IP in GSMP
Intellectual property is the foundation element within the GS1 Global Standards Management Process (GSMP) that enables GS1 work groups to develop optimal standards that will benefit the business community, creating efficiencies and reliability in the global supply chain that ultimately benefit end-consumers. In developing these standards, work groups follow the GSMP process to define technical requirements, processes and specifications relevant to the business challenge being addressed by the standard.
GS1's commitment to royalty-free standards
GS1 is committed to protecting the parties that use and implement GS1 standards by developing standards that can be practiced on a royalty-free basis to the greatest extent possible, or, if necessary on a reasonable and non-discriminatory (RAND) licensing basis. Those licensing benefits are established and defined within the IP Policy.
Work group participation requirements
All GS1 members are permitted to participate in GS1 standards development work groups. In order to participate in those work groups, the GS1 member must simply sign the GS1 IP Policy and the Opt-in Agreement for the corresponding work group that they wish to join.
Who may implement GS1 standards?
After a GS1 standards development work group completes its task and the resulting standard is ratified by GS1, everyone in the world is permitted to implement that GS1 standard and take the benefit of the corresponding IP licenses. Implementation of GS1 standards is subject to the terms, rights and obligations provided in the standard itself, including rights and obligations provided by the IP Policy.
GS1 members who participate in standards development work groups:
- Gain an early view into new GS1 standards that are in progress;
- Are able to help shape and contribute to those standards to help ensure that they serve the needs of industry and end-consumers;
- Learn from other work group members who are contributing their ideas and IP toward the development of better standards;
- And also benefit from the IP licenses provided under the IP Policy that apply to all implementers of GS1 standards, resulting in reduced risk of infringement liability for all parties.
Transfer of IP to third parties
- Participants cannot transfer IP with necessary claims to a third party outside of the working group who is not bound by the terms of the IP Policy In order to circumvent the responsibilities under the IPP.
- If a participant does transfer its IP with necessary claims to a third party outside of the working group, the transfer must incorporate participant’s existing obligations under the IPP.
Scope of direct license and the reciprocal license
By signing the IP Policy and joining a GS1 standards development work group, the work group member agrees to provide a royalty-free license (or, alternatively, a RAND license) to their patent or other IP when that IP is needed to implement the resulting standard. That direct license is narrowly limited and only applies to implementation of the standard; it does not apply to any other use of such IP.
The IP Policy also establishes a "reciprocal license," which applies to all parties who did not participate in the work group, but who are implementing the standard. When such parties implement the standard and take the benefit of the licenses granted by work group members and others, that implementer is obligated to provide the same or similar license (a reciprocal license) to others if they also own IP that is needed for the implementation of the standard. As with the direct license provided by work group members, the reciprocal license provided by non-work group members only applies to implementations of the standard, and does not apply to any other use of that IP.
Find out more
Any questions?
Please send an email to gsmp@gs1.org
Who must sign the IP Policy and Opt-In Agreements?
A signing authority representing your company’s headquarters must sign the GS1 IP Policy and Working Group Opt-in Agreements on behalf of your company and all affiliates. The signatory is usually a company officer or a legal counsel. While the IP Policy is signed once, an Opt-in Agreement is signed each time a participating company joins a Working Group because each Opt-in only applies to the work of a specific Working Group. Once a company’s signing authority has signed the Opt-in for a particular Working Group, any company employee can then join the Working Group.
An Automatic Opt-in Agreement exists that allows a company to be automatically opted-in to all current and future Working Groups. The company may choose whether to use the blanket opt-in or a specific opt-in for a particular Working group.
Overview of all forms and agreements
Printable, quick-glance overview of all forms
GS1 Intellectual Property (IP) Policy
The GS1 IP Policy seeks to obtain royalty-free or RAND (reasonable and non-discriminatory) licensing commitments from companies participating in GS1 (GSMP) Working Groups that have Necessary Claims relative to the required features or functions of the standard they helped to develop. The GS1 IP Policy and its signature by Working group participants aims to remove uncertainty regarding IP claims and to protect the GS1 community of users to the greatest extent possible. It ensures that those who develop the standard are not improperly influencing its development. The IP Policy applies to companies and must be signed by an officer of the company representing the headquarters.
Work Group Opt-in Agreements
A participant company signs the IPP and then opts in to a specific working group.
- An opt-in agreement is signed each time a participant company joins a working group because each opt-in only applies to the work of a specific working group.
- There is however a blanket opt-in that allows a participant company to be automatically opted in to all current and future GSMP working groups.
- A participant may choose whether to utilise the blanket opt-in or a specific opt-in for a particular working group.
- A company may opt out of a working group (but there may be continuing licensing obligations).
Access existing GSMP Group Opt-In Agreements (choose from the list and eSign)
Automatic Opt-In to all Work Groups
This form allows a company to participate as a member in all current and future GSMP Working groups. Designated company representatives have access to work-in-progress and can participate in all Working Group meetings. It applies to companies and their representatives and must be signed by a signing authority representing your company’s headquarters. This is usually a company officer or legal counsel. The Automatic Opt-In applies to all GSMP groups formed after 19 April 2010. Once a company’s signing authority has signed the Opt-in for a particular Working Group, any company employee can then join the Working Group. The Opt-in only needs to be signed once.
Automatic Opt-Out from all Work Groups
This form cancels all automatic Opt-In agreements going forward for any organisation that no longer wishes to participate in the development of GS1 standards. IP obligations do continue even after a company opts-out of Working Groups. It applies to companies and their representatives and must be signed by a signing authority representing the company’s headquarters.
Explicit Opt-Out from Specific Work Groups
This form cancels specific Opt-In agreements going forward for any organization that no longer wishes to participate in a specific GSMP group. IP obligations do continue even after a company opts-out of a group. It covers companies and their representatives and must be signed by a signing authority representing your company’s headquarters.
Withdrawing from a working group & licensing obligations
- A participant may withdraw from a working group at any time by giving written notice to the working group Chairman. However, there may be continuing licensing obligations following a participant’s withdrawal from a working group as follows: - Licensing obligations continue for subject matter included in a draft standard more than sixty (60) days before the withdrawal date (when there is no IP declaration), even if the specification is approved after withdrawal date. - Licensing obligations continue for subject matter included in a draft standard more than sixty (60) days before the withdrawal date (when there is no IP declaration), even if the specification is approved after withdrawal date.
- Licenses granted by other participants to the withdrawing participant remain in effect for a standard that has been approved and ratified before the participant withdrew from the working group.
- There is no royalty-free licensing for a participant’s contribution that is not incorporated into a specification or was the subject of an IP declaration by the withdrawing participant.
IP Contribution Form
This form is for participants wishing to make an overt royalty-free contribution of IP to a GSMP Working Group. Organizations, not opted-into a Working Group may also use this form. It covers a company’s specific IP contribution and must be signed by a signing authority representing the company’s headquarters.
IP Declaration Form
This form provides the opportunity for a company to submit a declaration and request Reasonable and Non-Discriminatory (RAND) licensing terms on its Necessary Claims contained in the specification at issue and for necessary IP that it does not wish to license royalty-free. There are 2 IP declaration and review periods during standards development, prior to the ratification of the standard. It covers a company’s Necessary Claims (essential IP) that reads on the standard in question. The IP Declaration Form must be signed by a signing authority representing your company’s headquarters.
- If a company wishes to request RAND (“reasonable and non-discriminatory”) licensing terms, rather than granting a royalty-free license relative to its necessary claims as defined in the IPP, it must submit an IP declaration.
- If a company does not specifically submit an IP declaration relative to its necessary claims covering requirements in a specification, any such necessary claims covering required features or functions in a standard are licensed royalty-free.
- Any patent claims that read on optional features or functions in a specification are not covered by the licensing terms in the IPP.
- In the IP declaration, the participant must designate the patent name, number, relevant portions of the specification and a brief description of how the necessary claims are relevant to the specification.
- The IP declaration is then submitted to the GS1 IP Advisory Group (IPAG) for analysis.
- If the review process by the IPAG yields a finding that there are necessary claims, GS1 has the option of accepting the RAND licensing terms or sending the specification back to the working group for possible revision to eliminate the requirement for the feature or function covered by the necessary claim.
Invited Expert Form
This form is used to include a non-Working Group member/consultant/subject matter expert in a group meeting. This form is used for a single meeting and not in lieu of a group opt-in.
Invited Government Agency Representative Contribution Declaration
This form is used to include a non-Working Group member/consultant/subject matter expert in a group meeting. This form is used for a single meeting and not in lieu of a group opt-in.
GS1 IP Advisory Group (IPAG) Process Manual
This document describes the role and operating procedures of the GS1 IP Advisory Group (IPAG) within the framework of the GSMP and GS1 IP Policy.
Resources
GS1 Acknowledgement Forms are available upon request for those companies who have already signed an IP Policy please contact gsmp@gs1.org
If you have any questions or need assistance, please contact gsmp@gs1.org
Introduction
Below is a list of Frequently Asked Questions (FAQs) on the GS1 Intellectual Property (IP) Policy.
Because GS1 interacts with global industries with a reliance on collaboration, there is a need to protect GS1 and GS1 member companies using GS1 standards to the greatest extent possible.
The GS1 IP Policy supports the fair and open development of global standards within the GS1 Global Standards Management Process (GSMP) and strives to balance the interests of all participating stakeholders. GS1 requires the signing of proper documentation in order to participate in GSMP standards development. These FAQs are intended for informational purposes only and do not replace or modify provisions in the GS1 Intellectual Property (IP) Policy.
Objective and scope of IP Policy
1. What is the objective of the GS1 IP Policy?
The GS1 Standards development process (GSMP) is driven in part by business proposals made by prospective end users. Some standards may be written to require features or functions that encompass Necessary Claims of a patent or patent application. Necessary Claims are defined as claims in a patent or patent application that would necessarily be infringed by implementing required elements of a standard.
GS1 seeks to develop standards that can be practiced on a royalty-free basis to the greatest extent possible. The objective of the GS1 IP Policy is to obtain royalty-free or RAND (reasonable and nondiscriminatory) licensing commitments from companies participating in GS1 Working Groups that have Necessary Claims relative to the required features or functions of the standard they helped to develop.
The GS1 IP Policy and its signature by Working group participants aims to remove uncertainty regarding IP claims and to protect the GS1 community of users to the greatest extent possible. It ensures that those who develop the standard are not improperly influencing its development.
2. What aspects of the GS1 standards development process are covered by the IP Policy?
The IP Policy governs the development of GS1 Standards and Guidelines, Community Reviews, eBallots, and IP Reviews.
3. What IP is subject to licensing under the IP Policy?
The patent rights subject to licensing comprise present, pending or hereafter acquired patent claims that would be infringed by implementing the required features or functions of a standard. The licensing obligation under the IP Policy is limited to “Necessary Claims” of patents. A claim is necessary only when it is not possible to avoid infringement when implementing a standard. The IP Policy does not require licensing of patent claims covering optional features or functions in a standard.
4. Is the IP Policy a blanket license to a company’s patent portfolio?
No. The IP Policy only applies to patents containing “Necessary Claims” (as defined in the IP Policy). Participants opt-in to a specific working group. The licensing of Necessary Claims only applies to the required aspects of the standard developed by a specific working group.
5. Are all GS1 standards royalty-free to implement?
The license (royalty free or RAND) granted under the IP Policy is limited to GS1 members and Working Group Participants. Implementation of one or more features of a GS1 standard that does not involve a Necessary Claim may be subject to patent or other intellectual property rights which fall outside the scope of the IP Policy. Furthermore, third parties with Necessary Claims relative to a published standard are not subject to the IP Policy and may request licenses from implementers of the standard.
6. Why is the IP Policy limited to necessary claims?
To foster adoption and use of the standards, the GS1 IP Policy only covers Necessary Claims. GS1 expects that parties will develop and benefit from exploiting proprietary and improved systems that will enhance GS1’s standards.
Who should sign and when
7. Who should sign the (IP) Policy?
A signing authority representing your company’s headquarters must sign the IP Policy and relevant Working Group Opt-in Agreement on behalf of the company and all of its affiliates. The signatory will usually be a company officer or legal counsel. Once the company’s signing authority has signed the Opt-in for a particular Working Group, any company employee can then join the Working Group.
While the IP Policy only needs to be signed once, an Opt-in Agreement is signed each time a Participant joins a Working Group because each opt-in only applies to the work of a specific Working Group. An Automatic Opt-in Agreement exists that allows a company to be automatically opted in to all current and future Working Groups. See also question 27.
8. When should someone sign the IP Policy?
It is important to sign the IP Policy as early as possible to become a Working group participant. Organisations can then opt-in to a GSMP work initiative. Working group participants must sign both the IP Policy and the Opt-in agreement.
9. Have large companies (with affiliates) signed the GS1 IP Policy?
Yes. Many large corporations with extensive patent portfolios have signed the IP Policy on behalf of the company and its affiliates and have become Working Group participants.
Benefits of IP Policy
10. What is the benefit of signing the GS1 IP Policy?
Working group participants who sign the IP Policy:
- Receive a royalty-free license, or a license under RAND terms, to Necessary Claims of other working group participants which cover required features or functions of the standard
- Receive a measure of protection from law suits and unreasonable licensing claims from other companies involved in the development of the standard
- Can participate in the standards development process to help shape and contribute to the standards.
Scope of the license under the IP Policy
11. Who receives the license under the IP Policy?
The license of patent rights extends to any GS1 member (even non Working Group participants) and to the participants who were in the Working Group that developed the standard. Participants are obligated to license their patent rights with Necessary Claims to other GS1 members to implement the mandatory features and functions of the standard under development. There is no requirement or obligation under the IP Policy to grant a license to non-GS1 members who are not Participants of the Working Group.
12. Am I giving away my company’s intellectual property if I sign the IP Policy?
No. If a participant does not wish to provide a royalty-free license, it must declare the IP that it holds with Necessary Claim(s) and the RAND licensing terms. If GS1 determines that a participant’s IP contains a Necessary Claim(s) for a standard, it will decide whether to accept the RAND terms or request the Working Group to rework relevant portions of the standard to eliminate the features or function covered by the Necessary Claim(s).
Declaration of IP
13. How do I make an IP declaration for a standard being modified?
Participants in a Working Group requesting RAND licensing for their Necessary Claims are required to submit an IP Declaration during the subsequent IP review period for the modified standard. Generally, GS1 will not consider an IP Declaration filed against a modified standard unless the participant previously filed one against the original standard. When a participant files an IP Declaration only against the modified standard, GS1 will evaluate the legitimacy of any reasons given for not having filed an IP Declaration against the original standard, taking into account such factors as:
- whether the participant was a member of the Working Group during the IP review of the original standard
- whether the modified standard is materially different from the previous version
- whether the modified standard would require a participant to file an IP Declaration when one was not filed against the original standard
- other justifications the participant has for not previously filing an IP Declaration relative to the original standard
14. Must a participating company declare all of its IP?
There is no requirement for a participant to declare all of its IP. A participant must only declare IP when it contains Necessary Claims relative to the standard under development and does not want to license its Necessary Claims royalty-free.
15. Is there an obligation to search for or identify third-party IP?
There is no obligation to search for patents owned by others. However, to avoid the discovery of Necessary Claims during the late stages of the development of a standard and uncertainty and unnecessary delays, GS1 strongly encourages Participants to disclose knowledge of relevant third-party patent rights to the Working Group facilitator as soon as possible following the formation of the Working Group. A call for IP will be made at the beginning of every meeting of the Working Group. Participants should not submit content for a standard that they know is covered by third-party patent rights.
16. How does my organisation reserve IP with necessary claims not available for royalty free licensing?
Participants not desiring to license Necessary Claims in patent rights on a royalty-free basis should file an IP Declaration. This identifies (a) the patent document(s) that cover the required subject matter, (b) the portion(s) of the standard that requires use of the subject matter in the Necessary Claim, and (c) the RAND licensing terms. A determination will be made by GS1 as to whether the cited patent rights contain Necessary Claims, and if so, whether the standard can be altered to avoid the features covered by the Necessary Claims or if RAND licensing is acceptable.
17. What if there is IP my organisation is not willing to license?
To participate in a GS1 Working Group, the IP Policy desires and requires participants to agree to license their IP with Necessary Claims on a royalty-free basis or on RAND licensing terms. If an organisation does not wish to license its IP containing Necessary Claims on a royalty-free or on RAND licensing terms, the organisation should not join (opt into) a GS1 Working Group.
18. Does the IP Policy permit defensive revocation as a RAND licensing term?
Under the IP Policy, a participant may request RAND terms, which may include monetary or nonmonetary based licensing terms, and defensive revocation may be one of the RAND terms. It is then the decision of GS1 whether or not to accept the requested RAND terms as reasonable and nondiscriminatory.
19. What does the reciprocity clause in the IP Policy mean?
The reciprocity clause under sections 3.1 and 3.2 of the IP Policy means that if a Participant does not grant a royalty-free license to its Necessary Claims, then that Participant will not receive a royalty-free license from other Participants owning Necessary Claims.
20. Is an electronic signature of the IP Policy legally binding?
The eSignature capability GS1 provides for signing the IP Policy is globally recognized and legally binding.
GSMP participation and the IP Policy
21. How does participation in the GSMP relate to the IP Policy?
Companies “opt-in” to specific working groups under the GS1 Global Standards Management Process (GSMP), after signing the IP Policy. The charter of the Working Group, which is approved by the appropriate GS1 Governance Committee, governs the scope of work for the standard. In order for someone to join a Working Group, a company must opt in to that Working Group. This allows GS1 to know which companies are working on what standard.
22. Why are GS1 GSMP working group participants required to sign the IP Policy?
The GS1 Standards Design Process is driven in part by business proposals made by prospective end users. Some standards may be written to require features or functions that encompass Necessary Claims of a patent or patent application. Necessary Claims are defined as claims in a patent or patent application that would necessarily be infringed by implementing required elements of a standard. The IP Policy and its signature by working group participants ensures that those who develop the standard are not improperly influencing its development.
23. Why must I sign an opt-in agreement after signing the IP Policy?
Signing the IP policy does not acknowledge working group membership. Every Working Group has its own opt-in agreement. This limits the scope of the IP Policy to each standard being developed. An opt-in agreement confirms a participant’s commitment to join in the development of a specific standard and the IP Policy’s application to that standard. The opt-in reconfirms the terms contained in the IP Policy.
24. How can companies manage the groups they opt-in to?
Each company may view the Working Groups it has opted in to on the GS1 website. Each company should track the developments in those Working Groups. A company’s representative is free to work with its in-house counsel to keep him/her apprised about relevant patent rights pertinent to the standards under development.
25. Will GS1 accept a version of the IP Policy in another language?
No. GS1 only accepts the official agreement in English as provided by the GS1 Global Office.
26. How do I access the GS1 IP Policy and opt-in agreements?
GS1 provides all agreements on its public website at https://www.gs1.org/standards/ip/who-signs GS1 Member Organisations can assist their members with accessing the agreements. Current Working Group opt-in agreements are located at the following link: https://www.gs1.org/standards/development/workgroups.
27. What is my company’s obligation if an automatic opt-in is submitted?
Automatic opt-in serves to opt a company into all current and future GSMP Working Groups, as well as license its necessary IP royalty-free or under RAND terms. A company may opt out of a specific Working Group anytime. If a company opts out of a Working Group once work has commenced, there may be continuing licensing obligations. (See next FAQ.) Further, a company may switch from an automatic opt-in to specific opt-ins for selected Working Groups.
28. Can a company withdraw from participating in a working group?
Yes. A participant may terminate its participation in a Working Group by giving written notice that it wishes to opt-out. However, for subject matter included in a draft standard more than 60 days before the date of termination from the Working Group, even if the standard is approved after the date of termination, and for contributions made by the terminating participant prior to the date of termination, the licensing~commitment under the IP Policy remains.
29. Who do I contact with questions about the IP Policy or opt-in agreements?
Organisations that are GS1 members should contact their local GS1 Member Organisation for assistance. Working Group participants are also free to submit questions to GSMP@GS1.org.
Glossary
Affiliate
Any entity that directly or indirectly controls another entity via beneficial ownership of more than fifty percent of the voting power or equity in another entity (“Control”), or is controlled by another entity, or is under common Control with another entity, so long as such Control exists.
Contribution
This is any submission of concepts, data, suggestions, or revisions to a draft standard, whether in written, electronic or oral form, made with the intention of inclusion thereof into the standard. Version 4, March 2014. ©Copyright GS1 AISBL GS1 Intellectual Property (IP) Policy FAQs
Certified Compliant System
Any system certified in a manner established by the Trustee to comply with a standard and subject to compliance certification conditions established by Trustee. Such conditions shall include licensing obligations by the party seeking certification commensurate with those set forth herein in Section 3.1. “Candidate Certified Compliant System” means any system developed or under development solely for the purpose of obtaining compliance certification.
Patent license
A patent license is an agreement between the patent owner and a licensee that grants to the licensee certain rights relative to the patent.
Member
This means an entity or individual that is a member of a GS1 Member Organisation.
Member in good standing
A member in good standing is someone who is a member of a GS1 Member Organisation with membership fees that have not lapsed.
Necessary Claim
A Necessary Claim is a patent claim that would be necessarily infringed by implementing the mandatory functions and features of a standard. A claim is necessarily infringed only when it is not possible to avoid such infringement because there is no non-infringing alternative for implementing the standard.
Participant
A participant is an individual, organisation or company bound by the IP Policy and has opted in to a Working group.
RAND terms
RAND terms mean licensing terms that require the patent rights holder to grant licenses on a reasonable and non-discriminatory (RAND) basis. The offer of the license as non-discriminatory means, generally, that the license offered will be granted to parties on materially similar terms.
Representatives
Representatives are individual(s) authorized by the Participant to represent the Participant in the activities of a Work Group. Representatives shall be specifically identified upon enrollment in a Work Group.
Standard
Standard means a technical standard approved by a Working Group and ratified by GS1.
Working Group
Is a Group constituted by GS1 for the purpose of developing a useful standard.