MindSphere World Taiwan and Japan (MSW TW JP) launched to promote development of IoT ecosystem
The Internet of Things (IoT) is expected to network as many as 26 billion objects by the year 2020 – and that’s just the beginning. Powerful trends such as Industrie 4.0 and networked driving will further accelerate the growth and diversity of applications.
MindSphere World offers a forum for anyone who wants to use MindSphere, the open, cloud-based IoT operating system, to drive and participate in this rapid development – from users to experts to app developers.
Sharing experiences, advancing applications, and promoting standards is what connects us and makes us strong, and it is the most convincing reason why you too should become a part of MindSphere World.
MindSphere World 讓您在全球生態系統中獲得效益
三、法人會員：凡海內、外贊同本會宗旨之機構、公司法人或團體，填具入會申請書，經理事會審查通過，並繳納會費後，為法人會員，並應指派自然人一人代其(下稱法人代表)行使會員權利。法人會員得不由候補遞補而隨時改派其法人代表以補足原任期。法人會員又分為甲、乙、丙、丁、戊五級，其分級由理事會通過後訂之，常年會費之分級會費規定如下: 甲級、75,000元; 乙級、50,000元; 丙級、35,000元; 丁級、25,000元; 戊級、10,000元。
IP Policy of Taiwan-Japan Open-Ended Internet of Things Association The objective of this IP Policy is to regulate the main issues relating to industrial property rights, know-how and copyright (hereinafter: “IP Rights”) and confidential information associated with the activities and offers of Taiwan-Japan Open-Ended Internet of Things Association (hereinafter: “Association”). This is intended to create a reliable framework for the handling of IP Rights and confidential information in the interest of the members. Artikel 1 - Confidentiality 1.1 As a matter of principle, the meetings of the committees and working groups are not confidential. Accordingly, the Association or the members do not have any confidentiality obligations relating to the object of consultations or information disclosed by a member in the committees or working groups, except if confidentiality obligations arise from clauses 1.2 through 1.4. 1.2 The members have the option of entering into bilateral or multilateral non-disclosure agreements with the recipients of confidential information, prior to disclosing confidential information. 1.3 Should a member consider it to be reasonable or necessary to disclose confidential information in a committee or a working group, the relevant committee or working group may decide prior to such disclosure that the represented members shall be obligated to keep such information confidential. Such resolutions shall be passed by a majority of the members present. The members warrant and ensure that individuals who represent them in the committees and working groups are duly authorized to pass such resolutions. The disclosing member shall furnish the information with a confidentiality note if disclosure is made in written or other tangible form. In the event of an oral disclosure, the secretary shall record the confidential information. Any objections against this record by other members must be submitted in writing within thirty (30) days from receipt. Prior to disclosure of such information, the members of the relevant committee or working group who do not wish to assume a confidentiality obligation shall be given the opportunity of leaving the meeting. The resolution has the effect that the participating members are obligated to keep the information confidential and must only use it for the purpose of the discussions relating to their work in the committee or working group, except if the resolution states otherwise. CONFIDENTIAL 2 1.4 Additionally, the committee or the working group may pass a resolution upon the request of the chairman or a member, stating that the object of consultations is to be kept confidential by the members. In such cases, the procedure set out in clause 1.3 above shall apply. 1.5 With regard to the disclosure of confidential information and the discussion of confidential issues, the members shall observe the provisions of the Association’s Code of Conduct for Anti-trust Compliance, as amended (“Code of Conduct”). Artikel 2 - Granting and use of IP Rights 2.1 Except if expressly provided for otherwise in this IP Policy, no member shall be obligated to transfer IP Rights to the Association or to another member, or to grant the Association or another member usage rights in IP Rights. 2.2 All IP Rights in the MindSphere operating system (including the MindSphere APIs) and in the related products and services as well as parts and further developments thereof shall remain in full with Siemens Aktiengesellschaft and its affiliates (collectively: “Siemens”) and/or the Siemens licensors. “API” or “Application Programming Interface” shall mean a communicative interface through which the individual applications within a software system or different software systems interact, in particular in order to retrieve, exchange or process data. Artikel 3 - Right to use feedback 3.1 In as far as members give Siemens suggestions, recommendations, feature requests or other feedback (“Feedback”) relating to the MindSphere operating system and the MindSphere APIs or related Siemens products and services, the following provisions shall apply: 3.1.1 Siemens holds the worldwide, permanent, irrevocable, transferable, sub-licensable and royalty-free right to implement and use the Feedback in connection with the MindSphere operating system and/or all other products and services. 3.1.2 The member warrants to be authorized to give such Feedback, whereby the member shall not be obligated to do research regarding third-party proprietary rights that may stand against the use of such Feedback. The member confirms that it will refrain from disclosing Feedback that relates specifically to the MindSphere CONFIDENTIAL 3 operating system or the MindSphere APIs to third parties; this shall not hinder the member from giving general feedback in a generic form to third parties as well, for instance in the form of feature requests to other platform operators. Siemens shall not treat the Feedback as confidential information. Should the member find that its Feedback as recorded in the Association’s documents was incorrect or incomplete in material aspects, the member shall inform Siemens thereof as soon as possible. 3.2 The provisions in clause 3.1 shall apply mutatis mutandis if members give each other Feedback regarding their technical solutions, for instance as part of their work in a committee or working group. The provisions of the Code of Conduct must be observed. Artikel 4 - Rules on usage rights for cooperation activities in the Association’s test field environment 4.1 The Association shall make available to its members, subject to separate terms and conditions, test field environments for cooperation activities aimed at developing solutions (software, services) based on the MindSphere operating system. 4.2 Members who use the test field environments made available by the Association for development cooperation activities shall be free to contractually regulate use of the IP Rights that originate from such cooperation activities. 4.3 Instead of a contractual agreement pursuant to clause 4.2, the involved members may optionally agree that the usage rights concept as set out in Annex 1 to this IP Policy shall apply. The members are aware that the usage rights concept, in the interest of a deliberately simple, liberal regulation, may not provide an adequate or desirable regulatory framework for all types of cooperation under the relevant circumstances. The Association, and the Board do not accept any warranty in this regard. 4.4 The offer of test field environments serves the purpose of developing solutions (software, services) based on the MindSphere operating system. The Association does not support any cooperation activities relating to the further development of the MindSphere operating system or of the MindSphere APIs. Should work results relating to the MindSphere operating system or the MindSphere APIs nevertheless be created during a cooperation among members, in particular due to insights into the MindSphere operating system or the MindSphere APIs, all rights to such work results shall be held by Siemens, and Siemens shall be entitled to use such work results at its own discretion, without requiring consent from one or more members CONFIDENTIAL 4 and without a compensation obligation towards other members, in particular for the further development of the MindSphere operating system and the MindSphere APIs. For work results in the form of software, the usage rights shall cover all known (see Article 22 to Article 29-1 of Taiwan Copyright Act) and unknown types of use and usage possibilities, including the right to issue sublicenses to Siemens customers, in as far as use of a Siemens product or service requires use of the software. The usage rights relate to the object code and the source code of such software. 4.5 In order to promote synergies in the MindSphere ecosystem, members are, as a matter of principle, prepared to favorably consider the granting to other members of usage rights in work results that are eligible for property right protection and that they have been created as part of a development cooperation within the Association, provided that such other member (i) is technically dependent upon using the property right in order to develop its own solution (software, services) based on the MindSphere operating system and (ii) is not able to take recourse to existing solutions based on the MindSphere operating system or an interaction with such solutions during such development work. The owner(s) of the work results shall be free to make such granting of usage rights subject to payment of a fee. There is no obligation to disclose work results to other members, to inform other members without a corresponding inquiry on work results registered for property right protection, or to grant other members usage rights in the work results. Artikel 5 - Use of brands 5.1 The members may use the Association’s name and brands throughout their membership, on websites and in marketing materials, in order to show that they are members of the Association. When a member leaves the Association, it shall have the right to use marketing materials containing a reference to the leaving member’s membership in the Association for a transitional period of one year. 5.2 For the term of their membership, the members grant the Association the right to use their company names and logos on the websites of the Association and of partner organizations in other countries associated with the Association, in order to show that they are members of the Association. When a member leaves the Association, the Association shall have the right to use marketing materials containing a reference to the leaving member as a member of the Association for a transitional period of one year. CONFIDENTIAL 5 5.3 Use of the Siemens brands and logos, including such with a reference to MindSphere, by the members requires an expressed written agreement between the relevant Siemens business and the member. 5.4 Any use of brands and logos going beyond the above requires a separate agreement. Artikel 6 - Miscellaneous provisions 6.1 The Association has adopted this IP Policy through a resolution by the Board on July 30, 2019. 6.2 The provisions in this IP Policy (as amended) shall become binding for the members through their acknowledgement in the membership application. CONFIDENTIAL 6 Annex 1 (optional) Usage rights concept for cooperation activities in the Association’s test field environment Artikel 1 - Work results and usage rights 1.1 Work results created by one individual member shall be owned exclusively by that member. In as far as the term “members” is used in this usage rights concept, this shall only mean the members involved in the relevant development cooperation. 1.2 The work results created jointly by two or more members shall be owned jointly by the members involved in creating such work results. Each member holding an interest in such work result shall have the right to use it at its own discretion, and to grant nonexclusive, sub-licensable licenses to third parties without requiring approval by an (or several) other member holding an interest in such work results, and without any compensation, in particular financial compensation, among the members holding an interest in the work results. 1.3 In as far as use by a member of a work result created as part of the cooperation activities technically requires the granting of usage rights in the work results of another member, this member hereby grants the other member a non-exclusive, royalty-free, permanent license, without restrictions as to territory, to use such work results. The license is transferable and sublicenses may be granted as follows: (i) to subcontractors for the period and implementation of the cooperation, (ii) to affiliates and (iii) to third parties who manufacture and/or develop for the member or its affiliates. 1.4 The above paragraphs shall in particular also apply to work results that are eligible for protection as IP rights, irrespective of whether such protection has been applied for and/or granted. CONFIDENTIAL 7 Artikel 2 - Treatment of Background IP Rights and Background Know-how 2.1 Any existing know-how held by the members at the beginning of the cooperation with regard to which property right protection has not been applied for or granted (“Background Know-how”) as well as any inventions existing at such time and any registered and granted property rights and software (“Background IP Rights”) shall remain the property of the respective member, and shall continue to be exclusively vested in the respective member after the beginning of the cooperation. The terms Background IP Rights and Background Know-how shall also comprise know-how, IP rights and software which a member develops after the beginning of the cooperation, but independently of this cooperation. 2.2 Machine operating data (raw and processed) and configuration data (jointly referred to as “Data”) that are introduced into the cooperation by a member shall be confidential information of such member and may not be disclosed to third parties (apart from affiliates and subcontractors in the context of the cooperation), except with prior written consent. 2.3 The members shall have the right to use the other members’ Background IP Rights, the Background Know-how, the Data and the work results for the implementation of the development work within the framework of the cooperation. 2.4 In as far as use by a member of work results created as part of the cooperation activities technically requires the granting of usage rights in the Background Know-how (including Data) of another member which such other member actively introduced into the cooperation, the owner of such Know-how hereby grants the other member a nonexclusive, royalty-free, permanent license, without restrictions as to territory, to use such Background Know-how. The license is transferable and sublicenses may be granted as follows: (i) to subcontractors for the period and implementation of the cooperation, (ii) to affiliates and (iii) to third parties who manufacture and/or develop for the member or its affiliates. 2.5 In as far as use by a member of work results created as part of the cooperation activities technically requires the granting of usage rights in the Background IP Rights of another member which such other member actively introduced into the cooperation, the owner of such Know-how shall be free to grant the other member a license in the Background IP Rights at standard market conditions, subject to a separate licensing agreement. An obligation to enter into such licensing agreement shall not exist. 2.6 The granting of usage rights pursuant to clauses 2.4 and 2.5 shall only apply in as far as the holder of the rights is permitted to grant such usage rights without the prior CONFIDENTIAL 8 consent of a third party, and without incurring payment obligations to third parties (with the exception of the obligation to pay employee inventor compensation). 2.7 The granting of usage rights pursuant to clauses 2.4 and 2.5 shall only apply to products, services, apps or solutions, the focus of which is on the collection, analysis and/or use of data via MindSphere. 2.8 For work results in the form of software, the usage rights pursuant to Art. 2 and 3 shall cover all known (see Article 22 to Article 29-1 of Taiwan Copyright Act) and unknown types of use and usage possibilities, including the right to issue sublicenses to the customers of the respective license-receiving member, in as far as use of a product/service procured from such member requires use of the software. The above usage rights for software relate to the object code. Use of the software source code is only permitted if expressly agreed in writing by the respective members. Artikel 3 - Application for registration of property rights in common work results 3.1 In as far common work results that are eligible for property right protection are created as part of the cooperation, the members involved in the invention shall coordinate as to who will file the application for registration of the national, regional or international property rights on behalf of the involved members. During this coordination, the members shall in particular take into account the special technical expertise of the respective members involved in the invention. 3.2 The applying member shall coordinate the application in a reasonable manner with the other members involved in the invention. The non-applying member shall reasonably support the applying member in the context of the application, and shall in particular make available all necessary signatures of the respective inventors as well as all documents reasonably requested by the applying member. 3.3 In as far as a member involved in an invention is not interested in applying for or maintaining the registration of a common work result and/or an existing common property right and/or a property right registration (i) at all, (ii) in certain countries, or (iii) beyond the priority registration, such member shall inform the other member of this fact, without undue delay in the cases covered by (i) and (ii), and no later than 4 (four) months prior to expiry of the priority year in the cases covered by (iii). In such cases, the other member shall have the right to apply for registration of property rights at its own discretion, in its own name and at its own expense, and to maintain existing or pending property rights. The non-continuing member shall transfer its share in the property right to the other member, and shall provide this other member with the documents required for such transfer. This member shall become the sole owner and CONFIDENTIAL 9 rights holder of the property right in these countries. The other member shall not hold any rights to or in the existing or pending property right, with the exception of the right to use the common work result within the area of validity of the property right, subject to the provisions of this usage rights concept. In as far as this usage rights concept employs the term “to use”, this shall also include allowing the use by affiliates, subcontractors, consultants and vicarious agents, but not the granting of (sub-) licenses to third parties. 3.4 In relation to each other, the members involved in the invention shall not be obligated to pursue property right infringements against jointly developed work results or common IP rights – in particular such committed by third parties – in or out of court. However, they shall inform each other without undue delay whenever they learn of a potential property right infringement. In such cases, the members shall endeavor to reach agreement as to whether such property right infringement should be prosecuted jointly. 3.5 The involved members shall equally share the costs for the application for registration, defense and maintenance of the property rights that are based on common work results. Each member shall bear the compensation payments to its own inventors, if any, in particular the inventor remuneration provided for by the Law on Employee Inventions (ArbnErfG). 3.6 The applying member shall be obligated to use the same degree of care which it uses for the application for registration, defense and maintenance of its own property rights. The liability of the applying member for damages, expenses and costs shall be excluded, except in cases of willful misconduct or gross negligence. Artikel 4 - Third-party IP rights The members shall not be obligated to do research regarding property rights which may stand against the development cooperation. However, they shall inform each other without undue delay whenever they learn of a property right which may potentially be relevant for the development cooperation.