DOCUMENT #:
GSC13-CL-05r1
FOR:
Presentation
SOURCE:
Tom Goode, IPR WG Chair
AGENDA ITEM:
3.4
CONTACT(S):
Tom Goode (tgoode@atis.org)
Summary of GSC-13
IPR WG Meeting
Tom Goode, ATIS
IPR WG Chair
Submission Date:
July 17, 2008
Meeting Overview
• 41 attendees
• 24 input documents (including revisions):
– Report from GSC-12 IPR WG
– Changes or items being considered in PSO IPR policies and updates
since GSC-12
– Update on ITU, ISO and IEC IPR policies
– Recent activities by the U.S. Federal Trade Commission
– IPR policies and current issues of organizations external to GSC
– Practical implementation issues under existing policies
– Considerations for developing or revising PSO IPR policies
– European Patent Office update
– Other business (three resolutions)
2
Changes or Items Under
Consideration in PSO IPR Policies
• Contributions from ATIS, ETSI, TIA:
– The ATIS IPR Policy Review Task Force continues to examine
possible changes to the ATIS IPR Policy; a voluntary patent
disclosure and assurance form has been adopted; other issues under
consideration include whether to make patent assurances irrevocable
and to address assurance obligations when patents are transferred
(GSC13-IPR-08, GSC13-IPR-08a1)
– The ETSI IPR Special Committee (SC) is recommending changes to
its policies to address disclosure and FRAND licensing declarations
with regard to patent families and to add clarifying language regarding
the irrevocability of FRAND licensing declarations; the IPR SC is also
recommending the adoption of documentation rules to facilitate the
work of patent and trademark offices; other issues under examination
by the IPR SC include whether to make use of its licensing
declaration forms mandatory, and how to address assignments of
patents for which FRAND licensing assurances have been made
(GSC13-IPR-12r1)
3
Changes or Items Under
Consideration in PSO IPR Policies
– TIA’s IPR Standing Committee (SC), which has responsibility to
review and maintain TIA’s IPR Policy and associated Guidelines
Document, continues to examine IPR issues, including the risks
associated with the discussion or negotiation of license terms within
the SDO and the importance of Open Standards; the SC has also
examined copyright issues, including the assertion of copyright by the
US government under laws other than U.S. (GSC13-IPR-13, 13a1,
13a2, 13a3)
4
ITU, ISO, and IEC Patent, Trademark
and Copyright Policies
• Participants received an update on TSB Director’s IPR Ad Hoc
Group (GSC13-IPR-07)
– On-going discussions within the ad hoc have focused on what types
of changes are permitted (or are requested) to previously submitted
patent declarations, how to address patent scans voluntarily done
among parties outside of the ITU, support for the concept that
licensing commitments should remain effective after the transfer of
the patent rights, and possible elaboration on the existing definition of
“essential patent”
– A Web-based ITU-T IPR information database and application has
been created to facilitate the work of the standards developers and to
assist companies wishing to implement international
standards/recommendations that include patented technologies
5
US Federal Trade Commission:
Update on Recent Decisions
• The US Federal Trade Commission reported on a number of
recent decisions with implications for standards development
(GSC13-IPR-15) and also:
– Noted the FTC’s support for the development of standards and
concerns over possible patent “hold up” scenarios
– Noted that patent deception may violate US antitrust laws
– Expressed personal view that prior licensing commitments do
encumber transferees
6
Considerations for Developing
or Revising SDO IPR Policies
• TIA presented on the effectiveness of traditional RAND/FRANDbased IPR policies, the various factors to consider when reviewing
an “ex ante” proposal, the debate around “open standards,” and
the impact of business models on the related debates (GSC13IPR-14r1)
7
European Patent Office Update
• The European Patent Office provided a report (GSC13-IPR-09r1)
on its efforts to improve the interface between SDOs and patent
and trademark offices
– Encouraged SDOs to cooperate with relevant patent and trademark
offices to provide access to non-confidential technical information
– Noted suggestion from ITU IPR ad hoc group regarding minimum
standards documentation, including publication date and working
group
8
Other Discussion
• IPR Policies and Issues of Organizations External to GSC
– The American National Standards Institute (ANSI) provided a report
(GSC13-IPR-10) for information on the ANSI IPR Policy Committee,
recent FTC, Department of Justice activities and court decisions
• Experience of Practical Implementation Issues under Existing
Policies
– GSC13-PLEN-21, Patent Policies for IPTV Revitalization, was
referred to the IPR WG by the GSC Plenary. No action was taken on
GSC13-PLEN-21 at the IPR WG.
9
Summary
• There was discussion on a range of topics, including policy
revisions that have been or are under consideration by ETSI, TIA
and ATIS
• IPR WG to meet during GSC-14
– WG recommends similar time allocation and schedule
• Three Resolutions (2 reaffirmed; 1 revised)
– The group recommended reaffirmation of resolutions concerning
Open Standards (GSC13-IPR-04), and Cooperation with Patent and
Trademark Offices (GSC13-IPR-06).
– The group reviewed text contained in GSC13-IPR-11r1. Following
review, the revisions submitted by TIA were approved by the IPR WG
as the Resolution to be submitted to the Closing Plenary for GSC
approval.
10
Proposed GSC-13 Resolutions
• Separate files
– GSC13-22, Intellectual Property Rights Policies (revised)
– GSC13-23, Cooperation with Patent and Trademark Offices
(reaffirmed)
– GSC13-24, Open Standards (reaffirmed)
11
Thank you.
Tom Goode, ATIS