Incorporating standards are takings.
Griffin and Saunders 24 – Senior Vice President and General Counsel at the American National Standards Institute, J.D. from Albany Law School; Senior Vice President of Public Policy at the American National Standards Institute.
Patricia A. Griffin and Maury Saunders, “ANSI Publishes Action Brief on IBR Landscape for SDOs,” American National Standards Institute, 05-09-2024, https://www.ansi.org/standards-news/all-news/2024/05/5-9-24-ansi-publishes-action-brief-on-ibr-landscape-for-sdos
For example, SDOs may urge that:
Governments consider alternative means to incorporate their standards to continue to benefit from efficiencies that result from incorporation by reference
Courts recognize the significant property interest in copyrighted standards.
Decisions like the ASTM decision are tantamount to a “taking” sufficient to trigger the protections of the Takings Clause of the U.S. Constitution.