I would expect RAND charters to be issued rarely if at all. I would only expect a RAND charter to issue if there was some overwhelmingly compelling IPR that everyone agreed is simply indispensible.
The only case I can remember where this was the case in the past was public key cryptography. The only current area of networking where I see a compelling set of IPR is in the content rights management space, and I don't think the patent issues would be the only barrier to working on that problem in the IETF.
We already have a notice requirement. I would certainly like to see Note Well being made much more prominent, in particular I think that there should be mandatory Note Well notices presented in the registration process for every IETF WG mailing list. I would also like to see all lists managed by the IETF directly and a comprehensive archive kept with digitally notorized records of all subscriptions, posts, unsubscriptions, drafts, etc.
The only thing that would change here is that when a company does declare IPR it knows that there are only three possible outcomes:
1) The WG works around the IPR claim, either changing the specification to avoid the claim or if the claim is obviouly spurious rejecting it (i.e. if someone claims that their patent on a new method of swinging covers HTTP it can probably be simply noted).
2) The IPR holder makes an irrevocable pledge to grant a RANDZ license to any party implementing the specification that agrees not to enforce its own IPR claims with respect to the specification on the IPR holder.
3) The WG droes not proceed with the work item in question. The only way to proceed at this point is to either charter a new WG under RAND terms, to submit the work as a personal submission on RAND terms, to proceed in another venue with different IPR terms or to not proceed at all.
There is absolutely no change in the preconditions. Note Well applies today and will under the new rules. The only difference is that we have eliminated a fourth option that exists today:
4) Argue for the work continuing in the WG on terms that are not RANDZ, are not compatible with open source licensing, commercial use, contain viral poison pills, or otherwise objectionable.
The decision of which of the three outcomes to choose cannot be made till the end of the process for the simple reason that we don't know what the spec will be like until then. A concern of mine is always the last minute change that pushes a spec into IPR hell.
I have very rarely seen IPR issues with the core of a standards based protocol. If you have a strong hold on the IPR then the topic has to be pretty huge to make the overhead of standards work worthwhile. If you have cast iron IPR and a compelling value proposition you can set the standards yourself unilaterally. And why should the rest of the community give their time to create the technology if thewy are going to pass through your toll booth?
What is much more common is the optional extension that is patent encumbered. I have a few patent applications of that type. But I don't go smurfing them here or anywhere else.