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Ballot 157 – Adopt version 1.2 of the Intellectual Property Rights Policy

For Ballot 157 (Amend IPR Policy), there were 13 YES votes, 0 NO votes and 3 Abstentions from CAs. There were 4 YES votes, and 0 NO or Abstention votes from Browsers.

Therefore, the ballot passes.

Members are now asked to fulfill the requirements of Ballot 157 as indicated in the ballot.

Ballot 157 – Adopt version 1.2 of the Intellectual Property Rights Policy

The Patent Advisory Group (PAG) was convened to review potential issues with the interpretation of the CA/Browser Forum’s Intellectual Property Rights Policy (IPR Policy). The PAG has completed its review of the IPR Policy, and the PAG recommends that the Forum adopt the attached v. 1.2 of the IPR Policy. Therefore, the following resolution has been proposed by PAG Chair Ben Wilson of Digicert and endorsed by PAG members Scott Peterson of Google and Virginia Fournier of Apple.

Motion begins

RESOLVED, that effective as of February 15, 2016 (“Effective Date”) the CA/B Forum IPR Policy v. 1.2 (the “IPR Policy”) in the form attached hereto as Exhibit A (Exhibit A – CABF-IPR-Redlined-by-PAG-Nov.2015) is hereby adopted; and it is

FURTHER RESOLVED, that the Chair of CA/B Forum and/or his delegates are hereby authorized to make corrections of any typographical, grammatical or formatting errors in the IPR Policy and the IPR Agreement (“Agreement”), attached hereto as Exhibit B (Exhibit B – Intellectual Property Rights Agreement-1.2-PKI-enabled); and it is

FURTHER RESOLVED, that the IPR Policy shall apply to all CA/B Forum Members that are CA/B Forum Members on February 15, 2016, as a condition of their continued Membership in the CA/B Forum; and it is

FURTHER RESOLVED, that Members have 30 days from the Effective Date to sign the Agreement. A member’s failure to sign and remit the Agreement will result in a suspension of their membership rights.

FURTHER RESOLVED, that Members have 60 days from the Effective Date to comply with the IPR Policy’s disclosure requirements for all previously enacted Forum requirements.

Motion ends

The review period for this ballot shall commence at 2300 UTC on 21 January 2016, and will close at 2300 UTC on 28 January 2016. Unless the motion is withdrawn during the review period, the voting period will start immediately thereafter and will close at 2300 UTC on 4 February 2016. Votes must be cast by posting an on-list reply to this thread.

A vote in favor of the motion must indicate a clear ‘yes’ in the response. A vote against must indicate a clear ‘no’ in the response. A vote to abstain must indicate a clear ‘abstain’ in the response. Unclear responses will not be counted. The latest vote received from any representative of a voting member before the close of the voting period will be counted. Voting members are listed here:

In order for the motion to be adopted, two thirds or more of the votes cast by members in the CA category and greater than 50% of the votes cast by members in the browser category must be in favor. Quorum is currently nine (9) members– at least nine members must participate in the ballot, either by voting in favor, voting against, or abstaining.

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