Report 0003 Actions

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Problem Report Number	0003
Submitter's Classification	Certification System problem
State	Resolved
Resolution	Rejected (REJ)
Problem Resolution ID	REJ.ITACP.0001
Raised	2006-02-01 15:55
Updated	2006-02-09 23:29
Published	2006-02-09 23:29
Requirements	Open CA Accreditation Requirements Version 1.2
Certification Program	Open CA Certification Program
Problem Summary	Legal IPR Issue re submission for method for approval
Problem Text	As I am sure you aware there are IPR issues with company specific methods such as the one I wish to have recognised. This impacts what I release in the certification pack and I may need to get internal approval for what I release in the pack. Am I correct in assuming that the statement below from the certification Agreement also applies to what I submit for method certification and not just to individual certification submissions? Confidentiality The Certification Authority shall, except where a provision of this Agreement provides otherwise, maintain in confidence all information the Candidate discloses to the Certification Authority in relation to this certification. No license, express or implied, under any copyright is granted by the Candidate to the Certification Authority by virtue of such disclosure and the Certification Authority shall not use any such information except for the purposes of this Agreement. The Certification Authority's obligations under this sub-clause shall be limited to taking such steps as it ordinarily takes to preserve the most important of its own confidential information. The obligations of non-disclosure and non-use set out in this Agreement shall not apply to any item of information which: Is in the public domain at any time (but without prejudice to any Person's rights of action against another Person who wrongfully causes or permits such information to be in the public domain), Was rightfully in the Certification Authority's possession without obligation of confidence prior to its disclosure pursuant to this Agreement, or is subsequently independently developed by the Certification Authority's employees having no access to the information disclosed hereunder, Is subsequently rightfully obtained without obligation of confidence by the Certification Authority from a source other than the Candidate as evidenced by written records, Is required to be disclosed by order of any court of competent jurisdiction, PROVIDED that no right or interest under any license, patent, or otherwise shall be acquired by the recipient of any information by virtue of the application of this clause. The Certification Authority may disclose the Candidate's confidential information to those of its employees who reasonably require to have access to such information and to members of a Certification Board.

Review Information

Review Type	CA Review
Start Date	2006-02-01 15:55
Last Updated	2006-02-08 00:31
Completed	2006-02-08 00:31
Status	Complete
Review Resolution	Rejected (REJ)
Review Conclusion	This PR is incorrectly filed against the accreditation requirements document, when in fact it relates to an individual wishing recognition of a method in connection with direct certification. The PR is thus rejected. With respect to the issue raised the certification agreement makes it clear that all information submitted in support of and application is held confidential by the CA and this by default include information on methods. Thus no change to the program documentation is needed.

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