HL7 Canada membership and FHIR trademark usage

Curious if anyone else has received a definitive answer to this question yet.

We just received a letter from HL7 International stating that we were out of compliance for using the FHIR wordmark on our website while not being members of HL7 International.

Randy,

Yes, "and it's [sic] affiliates" includes HL7 Canada, but that is for use by HL7 Canada. It doesn't indicate an ability for HL7 Canada to relicense.

Ron,

Can you confirm your statement? While I would expect that HL7 International's intent is that their requirement of membership would include affiliate members, that isn't clear. And I'm pretty sure that membership (whether with HL7 International or an affiliate) on its own is not sufficient to use the trademark.

Yaron,

Membership requirement to use FHIR trademarks sounds like a new development. In the past, you could go to fhir.org/ and follow either the "product" or "community" links to forms that would let you request permission to use the trademarks. I don't see anything on those pages that indicate a need to be a member.

The FHIR license page that Randy refers to, highlights that you are allowed to use "FHIR" and the logo "nominatively, or under the terms of fair use". So depending on your use, you may not even need a license.

Elliot.

(Obviously, IANAL, nor do I speak for my employer.)

Looking at R6build, it says "While HL7 places no restrictions on the right to copy the FHIR specification or to create derivative works per the Creative Commons license, HL7 does protect the "FHIR" trademark carefully. This means that for any use of the trademarks ("FHIR" and the FHIR Icon) by parties other than HL7 and it's affiliates: " build.fhir.org/license.html#trademark

So the question is if "and it's affiliates" includes HL7 Canada or not. Unless this has been changed, and not updated in the CIB...

Hello Yaron:

Yes, being a paid individual or organizational member of HL7 Canada does give you the ability to use the HL7 FHIR trademark and name.

Ron G. Parker

Ron G Parker, FHL7 – Chair, HL7 Canada Affiliate – Co-Chair, HL7 International Council – International Director, HL7 Board of Directors
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Hi Yaron,

The short answer is No, HL7 Canada membership alone typically does not satisfy that requirement. I think this is how it works HL7 International owns and manages the FHIR trademark (name and logo). Trademark usage rules are governed centrally by HL7 International, not by affiliates. HL7 Canada is a national affiliate and does not grant trademark rights on behalf of HL7 International.

If HL7 is moving to require membership as a condition of FHIR trademark use, that almost certainly means, you need active HL7 International membership. Affiliate membership (e.g., HL7 Canada) may be encouraged or required for community participation etc, but I think it does not replace HL7 International membership for trademark licensing.

Ron Parker can better answer whether organizational membership (e.g., via Infoway) covers individuals and organizations and whether existing registered trademark users are grandfathered for a period.

Anil

As a registered FHIR trademark user, I received an email from HL7 international stating that HL7 membership will become a prerequisite for using the FHIR logo and name. Does HL7 Canada membership satisfy this prerequisite?