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file Update On HL7 Canada FHIR Trademark Usage Concerns

  • Posts: 133
3 months 1 day ago #11339 by Lloyd Mckenzie
I've chatted with Grahame about this. Apparently there's an exception for open-source projects. He's going to explore rules around not-for-profit educational events like FHIR North. Full details will be coming out in a bit. The main take-away is that at minimum for anything commercial using the FHIR name or logo, HL7 International organizational membership will be a prerequisite.
  • Posts: 132
3 months 1 day ago #11334 by Derek Ritz
Hi Ron - thanks for this useful clarification. Please can I ask, what is the analogous situation for a US "affiliate" member? Is this a case where the playing field is not level for non-US companies, and could it (perhaps) be one that is worth escalating to the HL7 International Board?

Sorry if this is a bit provocative... I've long felt that there should be an HL7 USA, and that its absense is problematic for HL7 International as a global SDO.

Warm regards,
Derek
  • Posts: 307
3 months 1 day ago #11332 by Ron Parker
Hello HL7 Canada Community.

There has been some confusion recently regarding whether Affiliates are considered part of HL7 International when considering the use of the FHIR wordmark and logos. Here is some clarification:
  • Anyone, including HL7 Affiliates, HL7 Affiliate members, and non-members, can cite the HL7 FHIR logo or the term FHIR if they are referring to the standard, provided that terms outlined in [Licensing] (i.e., “Nominative use”) are followed. You do not need explicit permission to do so.

  • Affiliates (but not their members) have license to use the wordmark “FHIR” and the logo in affiliate "products," including “official” translations, as well as affiliate implementation guides. Affiliate use includes HL7 Canada volunteers or contractors doing work on behalf of the Affiliate.
  • HL7 Canada cannot license the HL7 trademarks to third parties.
  • Use of the FHIR name or logo outside of nominative or fair dealing use, as defined in the [Licensing] link, such as including the term FHIR in a corporate or product name MUST have permission (a "license") for use of that name from the HL7 FHIR Product Director (Grahame Grieve). Any organization that requests such permission also must be a full HL7 International Organizational Member (USD fee) before such a request will be approved.
Now I need to make it clear that I am not a lawyer, so you if you feel your organization may be using the wordmark and logo outside of nominative or fair use it would be best to consult with a lawyer.

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