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Sync IPR Policy with #115
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foolip committed Jan 27, 2021
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### 3.1. Contributors and Workstream Participants

Commencing 2018-01-11, the [IPR Policy] becomes effective and all [Contributors][contributor] and [Workstream Participants] must execute the [Contributor and Workstream Participant Agreement][cw-agreement] in order to contribute or participate in [Workstreams][Workstream]. To help ensure that appropriate licensing commitments are secured from all [Contributors][contributor], individuals may [Contribute][contribution] independently to a [Living Standard] only if they (a) do not [work in the field of Web technologies] as an employee, contractor, or agent of another person or legal entity; or (b) have been [invited by the Steering Group][Invitation Policy] to participate in one or more WHATWG [Workstreams][Workstream] (in both cases, as set forth in the [Contributor and Workstream Participant Agreement][cw-agreement]).
Commencing 2018-01-11, the [IPR Policy] becomes effective and all [Contributors][contributor] and [Workstream Participants] must execute the [Contributor and Workstream Participant Agreement][cw-agreement] in order to contribute or participate in [Workstreams][Workstream]. To help ensure that appropriate licensing commitments are secured from all [Contributors][contributor], [Individuals][Individual] who have executed the [Contributor and Workstream Participant Agreement][cw-agreement] may [Contribute][contribution] independently to a [Living Standard] only if they (a) do not [work in the field of Web technologies] as an employee, contractor, or agent of another person or legal entity; or (b) have been invited by the [Steering Group] to participate in one or more WHATWG [Workstreams][Workstream] (in both cases, as set forth in the [Contributor and Workstream Participant Agreement][cw-agreement]). To the extent that such [Individuals][Individual] make [Contributions][contribution], each [Individual] hereby represents and warrants that such [Individual] has all rights necessary in and to any [Contributions][contribution] it makes.

## 4. Copyright

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#### 5.6.1. Disclosures regarding contributions

When making a [Contribution][contribution] or as soon as feasible thereafter, the individuals who submit the [Contribution][contribution] (i.e., either an [Individual] [Contributor][contributor] or the representatives of an [Entity]) must identify any patent that they (1) are personally aware of and (2) believe would be infringed by use or implementation of the [Contribution][contribution], unless the [Contributor][contributor] is making the claims subject to the [Patent-Licensing Obligations]. (For the avoidance of doubt: No patent search is required.)
When making a [Contribution][contribution] or as soon as feasible thereafter, the individuals who submit the [Contribution][contribution] (i.e., either an [Individual] [Contributor][contributor] or the representatives of an [Entity]) must identify any patent that they (1) are personally aware of and (2) believe would be infringed by use or implementation of the [Contribution][contribution], unless the [Contributor][contributor] is making the claims subject to the [Patent-Licensing Obligations]. [Individuals][Individual] but not [Entities][Entity], or representatives of Entities, participating in a [Workstream] must also, as soon as is reasonably feasible, identify and disclose any patent or patent application of which they are personally aware that they believe contains claims that are or may become Essential Patent Claims for any [Workstream] in which they are participating. For the avoidance of doubt: No patent search is required.

#### 5.6.2. Disclosures regarding excluded claims

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[Essential Review Draft Claims]: ./IPR%20Policy.md#222-essential-review-draft-claims
[Field of Web Technologies]: ./IPR%20Policy.md#210-field-of-web-technologies
[Individual]: https://participate.whatwg.org/agreement#individual
[Invitation Policy]: ./Workstream%20Participant%20Invitation%20Policy.md
[IPR Policy]: ./IPR%20Policy.md
[Living Standard]: ./Workstream%20Policy.md#living-standard
[Normative]: ./IPR%20Policy.md#24-normative
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