Kirk - I agree with your arguments that my proposed language is too broad
but I also think that yours is a bit too narrow. How about:
“Due to the lack of IPR protection, Subcommittees of the Forum shall not
engage in activities that carry a significant risk of introducing
encumbered intellectual
Wayne – as I said on the call, I think the restriction should be narrower.
Something like “In order to avoid coming within the scope of the IPR Agreement
, the Forum and its Subcommittees shall not engage in the development or
amendment of Guidelines.”
The draft language you have below is