INFORMATION DOCUMENT
A
THE CONCEPT OF THE ITU CONFORMITY PROGRAMME
A vendor who receives a certificate issued by an accredited certifier indicating its equipment
or service has been tested to show conformity or interoperability to ITU-T
Recommendation(s), or provides a declaration by a high ranking executive of the company to
that effect, may request ITU to acknowledge the availability of the certification or declaration
and permit its visible recognition by means of an ITU Conformity Mark.
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Background
In October 2008, the World Telecommunication Standardization Assembly, in response to
concerns expressed by developing countries, adopted Resolution 76 entitled: “Studies related
to conformance and interoperability testing, assistance to developing countries, and a possible
future ITU mark programme”.1
The main issues considered were:
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ITU’s global responsibility to ensure the interoperability and efficiency of
international telecommunications;
Growing concerns about and evidence of non-compliance with ITU-T
Recommendations on performance, safety and interoperability;
Worries about the dumping of non-compliant and poor quality components and
equipment, some of which have proved to be counterfeit or to have been illegally
imported, in particular in developing countries;
The need to promote the homogeneous implementation of ITU-T Recommendations
and to provide the necessary tools and guidance to support this;
The need to avoid multiple testing and certification, resulting from regulatory and
customer reactions to the risks of non-compliance, and to support the international
recognition and acceptance of test results and certificates, within the framework of the
World Trade Organisation (WTO); and
The need to support the emerging capacity for testing and conformity assessment in
developing countries and, more generally, good practice in these areas, with the
potential for international recognition of national testing and acceptance of foreign
tests and certificates.
These include the least developed countries, small island developing states and countries with economies in
Transition.
INFORMATION DOCUMENT ON RESOLUTION 76:
THE CONCEPT OF THE ITU CONFORMITY PROGRAMME
2- A possible ITU conformity programme
A possible ITU conformity programme will seek to address these issues by providing both the
basic technical documentation for conformity assessment and a framework for conformity
assessment operations and recognition.
The programme will make use of global best practice, in particular the tool box of
international standards developed by ISO, and of the expertise for the assessment and
recognition of conformity assessment developed by the International Laboratory
Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF). This
saves time and resources both for ITU and for the users of the programme, a number of which
are already familiar with these international standards and practices.
Globalization increases the need for national conformity assessment systems to be accepted in
other countries, with agreements established between two or more partners recognizing that a
laboratory accredited by one has the equivalent competence to carry out the same conformity
assessments as a laboratory accredited by the other. The objectives of such agreements
include the elimination of conformity assessment as a technical barrier to trade through the
recognition of competence between the partners’ and the reduction or elimination of the need
of re-testing/re-inspection of products between partners’ markets.
These tools and mechanisms will facilitate the building of capacity in developing countries
and will encourage the establishment of test laboratories in the regions.
The programme comprises three parts:
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Development and promotion of conformity and interoperability assessment test suites
for ITU-T Recommendations and related guidance, using ISO 17007 as a reference
(note: this work is already underway in the ITU-T Study Groups);
Development and operation of an ITU conformity scheme to enable vendors to show
that their products, services and application are correctly assessed to meet conformity
and, where appropriate, interoperability requirements according to ITU-T
Recommendations, by means of an ITU conformity mark; and
Assist developing countries in creating and operating testing facilities in their regions
and promoting capacity building on conformity and interoperability assessment for
ITU-T Recommendations (note: a pilot study is already underway).
3- A possible ITU conformity scheme
A vendor that produces goods or services certified or declared as conforming to ITU-T
Recommendations or able to provide interoperability, and implements the ITU conformity
scheme requirements, can decide, on a voluntary basis, to give visibility and to provide end
users with immediate confidence in such conformity assessment, by asking the ITU
Secretariat for a licence to use the ITU conformity mark in associated documentation.
3-1- The scheme will follow the following principles:
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Limit ITU’s direct involvement in and assessment of conformity assessment, thus
avoiding liability for the scheme;
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INFORMATION DOCUMENT ON RESOLUTION 76:
THE CONCEPT OF THE ITU CONFORMITY PROGRAMME
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Make best use of existing international standards, in particular the ISO CASCO
toolbox and Recommendation ITU-T X.290;
Enable visibility of conformity, through the use of the ITU conformity mark;
Optimize costs and delays for ITU and users of the scheme; and
Enable market surveillance through the scheme itself, through the ITU membership
and the end users, e.g., by means of a publicly available ITU data base developed for
this purpose.
3-2- Four options have been considered:
1. A scheme relying exclusively on accredited testing and certification, in partnership
with ILAC and IAF. Such third party accreditation of the laboratory and/or of the
certifier would limit possible ITU liability while providing confidence in the results of
the selected conformity assessment or interoperability processes;
2. A scheme based on peer assessment of laboratories and certifiers leading to mutual
acceptance of test results and certificates under the auspices of ITU, similar to the
schemes developed by IEC in the area of electronic components and electrical
appliances;
3. A scheme in which ITU would become itself a certification body;
4. An ITU conformity assessment and interoperability framework and charter to which
vendors would be invited to adhere with no contractual or licensing arrangement with
ITU.
3-2- The first option is preferred as best complying with the principles in 3-1.
Two routes for the licensing of the ITU conformity mark would be available for vendors to
select from (see Fig. 1.):
1)
2)
Testing by a 1st, 2nd or 3rd party laboratory, accredited according to the
requirements of ISO 17025 (possibly elaborated in collaboration with ILAC to
meet the requirements of the telecommunications sector), with a supplier’s
declaration of conformity issued in accordance with ISO 17050; or
Testing and conformity assessment according to the requirements of a 3rd party
certification body, accredited in terms of ISO Guide 65 (possibly developed with
IAF to meet the requirements of the telecommunications sector), which issues a
certificate of conformity. The certification body would decided whether a test
centre that is not accredited might be used.
This option involves collaboration with ILAC and IAF whose members would, respectively,
be responsible for the third party accreditation on route 1 and the third party certification on
route 2.
The ITU conformity mark would use the acronym of the organization, but be distinct from the
corporate institutional logo. The ITU Mark would appear as shown in Fig. 1, with the
numbers being specific references in the ITU database to the products.
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INFORMATION DOCUMENT ON RESOLUTION 76:
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1-1234567
Fig. 1 Example of the possible use of the ITU Mark
4- Building capacity in developing countries
This programme would encourage the emergence of testing expertise and conformity
assessment capability in developing countries, through training, selected investments and
support for the accreditation of local operations.
The ability to issue the ITU conformity mark would be a driver to raise awareness and
capacity in developing countries to implement good conformity assessment practices and
improve interoperability.
Partnerships would be established with development agencies, under their “aid for trade” and
capacity building programmes, in particular with United Nations Industrial Development
Organisation (UNIDO), and other technical programmes and financing institutions such as the
World Bank, regional groupings, development banks and national agencies.
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INFORMATION DOCUMENT ON RESOLUTION 76:
THE CONCEPT OF THE ITU CONFORMITY PROGRAMME
ITU Mark services
Conformity Assessment / Certification /Interoperability
process
ITU-T Recs &
test suites
1st 2nd or 3rd party
accredited lab
Route
Route
1
2
ISO 17025
Supplier’s
conformity
route
decision
testing lab
(certification body
decides)
Test results
Test results
ITU-T X.290
ITU-T X.290
Accredited
(ISO guide 65)
1st party
Evaluation
Supplier’s
Conformity
Declaration
Certification body
Evaluation
No
No
Non-conformity
procedure
(ISO 17050)
Conformity
Certificate issued by
Certifier
Yes
Yes
Supplier’s
Request to ITU
ITU conformity Mark
licence
may be issued
Fig. 2 –Possible Implementation of the ITU Conformity Mark scheme
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INFORMATION DOCUMENT ON RESOLUTION 76:
THE CONCEPT OF THE ITU CONFORMITY PROGRAMME
ANNEX 1
This provides the reader with the basic elements of the philosophy shown in the main text.
Conformity Assessment and Interoperability
Conformity assessment is a procedure adopted to demonstrate that specified requirements
relating to a product, process, system, person or body are fulfilled. The procedure includes
various steps, the most important being: testing, certification and the supplier’s declaration.
Interoperability is the ability of two or more systems or applications or network management
products and services from different suppliers or vendors to exchange information and
mutually to make use of it. Tests are performed in an Industry Interoperability Initiative (I3)
(see, for example, Fig. 2), where various manufacturers cross-connect products to identify
interoperability performance.
A voluntary scheme
The decision to adopt conformity assessment or interoperability testing to demonstrate
compliance of products to ITU-T Recommendation(s) is entirely voluntary, at the discretion
of the vendor.
Type approval and testing laboratories
A type approval test is conducted on samples that represent the whole production for the
purpose of determining conformity. Periodic type approval tests are intended to verify, as part
of factory surveillance, that conformity is maintained over time.
Tests can be performed in the same premises where products are manufactured (1st party), in
the customer premises (2nd party) or in an external and independent laboratory (3rd party).
According to the requirements of ISO 17025, a laboratory must be able to supply accurate and
reliable testing, calibration or measurement results and demonstrate its technical competence.
Factors contributing to the technical competence of a laboratory include:
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Qualifications, training and experience of the staff;
Correct equipment – properly calibrated and maintained;
Adequate quality assurance procedures;
Proper sampling practices;
Appropriate and valid testing procedures and methods;
Traceability of measurements to national/international standards;
Accurate recording and reporting procedures; and
Suitable testing/inspection facilities.
Test specifications and procedures can be provided in ITU-T Recommendations or by
external bodies, after evaluation by ITU-T Study Groups to verify that test suites comply with
ISO 17007.
The response by industry to conformity or interoperability testing has been very positive in
similar activities put in place by groups such as WiFi Alliance, WiMAX Forum and the IEEE.
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INFORMATION DOCUMENT ON RESOLUTION 76:
THE CONCEPT OF THE ITU CONFORMITY PROGRAMME
Accreditation/National Accreditation Bodies
Laboratories, inspection entities, certifiers and calibration laboratories can be accredited by a
National Accreditation Body (NAB), ensuring that they comply with specific requirements to
carry out their respective independent activities in an area of technical competence (ISO
17025). A NAB may be a member of regional and international organizations (e.g., ILAC and
IAF) and should itself operate according to the requirements of ISO 17011.
Certification
Certification is always conducted by a third party and may be provided by an accredited
entity (to ISO Guide 65 requirements, in the process of being replaced by ISO 17065): the
certification body. It is used when the risks associated with non-conformity are moderate to
high and includes evaluation, compliance decision and attestation of conformity, and implies
some form of overview of production by the certification body.
Certification is one of the best ways to guarantee performance and to help a standard
developing organization to improve the quality of its work.
Surveillance
A surveillance procedure is implemented to ensure and/or enhance ongoing conformity and is
a key part of a certification system. Where a certificate of conformity is not available, an
enhanced national market surveillance programme is essential and requires laboratories
performing inspections, testing and audits.
Supplier’s declaration of conformity
A high ranking executive, designated by the vendor, can self-declare conformity to an ITU-T
Recommendation or its interoperability features with products or services of other vendors.
Such a declaration should be prepared according to ISO 17050.
Granting the ITU conformity mark: a possible procedure
ITU Secretariat on receiving the supplier’s declaration of conformity or interoperability, or a
third party certificate of conformity decides whether to licence the use of the ITU conformity
mark. The mark can be visible in technical documentation, supplier’s website, flyers and other
promotional material. A data base would be created similar to the one for Intellectual Property
Rights (IPRs) which contains information on patents included in the text of ITU-T
Recommendations and for software copyright.
Vendors would go through the following stages:
a)
Pre-registration of the name and title of the person(s) authorized by the vendor to
apply for the ITU Mark licence;
b)
Verification of this information by ITU Secretariat;
c)
Submission of the request for recognition, with the following information:
c.1) Type of product(s)/service(s)/application(s),
c.2) List of ITU-T Recommendation(s) to which it conforms,
c.3) Laboratory where tests were performed and the name of its accreditation body,
c.4-1) Supplier’s declaration of conformity (Route 1 in Fig 2),
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INFORMATION DOCUMENT ON RESOLUTION 76:
THE CONCEPT OF THE ITU CONFORMITY PROGRAMME
or
c.4-2) Certificate of conformity issued by an accredited certification body (Route 2 in
Fig. 2);
d) ITU Secretariat determination of the completeness of the documentation provided;
e) Generation of the licence and its dispatch to the vendor;
f) Receipt of the signed licence from the vendor; and
g) Publication on ITU web site of details from (b).
For interoperability c.1 would indicate the products, services or applications that have been
demonstrated to interoperate in terms of the ITU-T Recommendations in c.2, while c.4.1 and
c.4.2 would attest to interoperability rather than conformity.
ITU will check the existence and conclusion (which should be positive on conformity and
clear as to which products and ITU-T Recommendations are involved) of the accredited test
report or supplier’s declaration, not their technical content.
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THE CONCEPT OF THE ITU CONFORMITY PROGRAMME
ANNEX 2
General legal considerations on the use of the ITU acronym in the context of a possible
ITU Conformity Programme (hereinafter the “Programme”)
Current policy and legal instruments on the use of the ITU acronym
Prior to 1999, no ITU instruments or policy of its governing bodies were controlling the use
of the ITU acronym by third parties. Requests to use the ITU acronym (or logo) were
generally routed to the Legal Affairs Unit which applied a restrictive approach permitting use
of the ITU acronym (or logo) for activities in which ITU was actively involved.
It is in this context that Council adopted, in 1999, a formal policy for the use of its name,
abbreviation, flag and emblem by third parties (see C99/6 and C99/125). To ensure that all
requests by third parties to use the ITU name, logo, abbreviation, flag or emblem are dealt
with in an equitable manner, the Secretary-General further published Service Order 00/02
which sets out the general principles governing authorization.
What is the legal basis for protection of the ITU acronym?
The ITU acronym is protected through a specific intellectual property regime created by the
Paris Convention for the Protection of Industrial Property to which 173 sates are currently
contracting parties. Furthermore, World Trade Organization (WTO) member states have also
agreed to apply the Paris Convention by virtue of the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS).
The Paris Convention, in its Article 6ter, provides for the protection of armorial bearings,
flags and other official signs of States or international organizations against their registration
and use as trademarks or as elements of trademarks by unauthorized third parties.
Currently, the flag, name, acronym, emblem/logo of ITU, and the names and abbreviations of
the three Sectors (in English, French and Spanish) have been communicated to the World
Intellectual Property Organization to receive the protection afforded by the Paris Convention.
This protection includes a prohibition to contracting States to allow registration of the flag,
name, abbreviation, or emblem/logo of ITU as industrial properties, especially trademarks, by
third parties for their commercial use.
The Paris Convention does not confer affirmative trademark rights on the rights holder. The
ITU flag, names, abbreviations and logo were "communicated" to the appropriate states, but
that is not the equivalent of registering said rights under national trademark regimes.
Accordingly, the right conferred on the ITU under the Paris Convention is to prohibit the
unauthorized use or registration of its abbreviations, name, flag and emblem/logo by
unauthorized third parties. The communication also obligates States that are party to the
Convention to refuse to register a trademark or other identifier that would be confusingly
similar to the ITU names, abbreviations and emblem/logo.
The Paris Convention does not prevent ITU from authorizing third parties to use, inter alia,
the ITU acronym and choose the conditions under which to do so.
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INFORMATION DOCUMENT ON RESOLUTION 76:
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How can ITU rights under the Paris Convention be enforced?
The Paris Convention does not provide nor create its own enforcement mechanism, nor does it
invest the ITU with standing to independently bring an action for infringement of its rights.
Instead, in the event of an alleged unauthorized use, the Union would be compelled to use
diplomatic channels to approach the state where the alleged infringement took place. It would
then be up to the state to determine the appropriate action to address the ITU claim under its
own national laws, either by court action or by less formal means. Generally speaking,
remedies for infringement range from administrative and civil procedures to criminal
sanctions. The remedies could include cancellation of the trademark, injunctions and
monetary damages.
What would be ITU’s potential liability in case of use of its acronym?
If the appropriate organs of the ITU approve the use of the ITU acronym as part of the
Programme, it would be important for the status of the Union as an intergovernmental
organization to be recognized. This would serve to protect the ITU in the event of any
disputes that might arise concerning the use of the acronym. In addition, and as was the case
in the context of the GMPCS-MOU Arrangements, any future instruments concerning the use
of the ITU acronym by third parties would require the signing of detailed license agreements.
These would ensure that the terms and conditions under which permission to use the ITU
acronym is granted are fully agreed and understood. These agreements would include the
rights, obligations, liabilities and responsibilities of all relevant parties. In particular, as a
condition of ITU’s authorization to use the ITU acronym in the context of the Programme, the
licensee should be required to defend and indemnify the ITU against any claims and to hold
ITU harmless from any loss, demand, action or liability in relation to the use of the acronym.
It should be recalled that the ITU has not been involved in any dispute concerning the use of
its acronym in the framework of the GMPCS-MOU Arrangements.
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