Global Standards Collaboration (GSC) 14
DOCUMENT #:
GSC14-IPR-004
FOR:
Information
SOURCE:
TIA
AGENDA ITEM:
IPRWG Agenda Item 4
CONTACT(S):
Amy Marasco/Dan Bart
"Update on Activities of the TIA IPR
Standing Committee since GSC-13"
Amy Marasco
TIA Delegation
Geneva, 13-16 July 2009
Fostering worldwide interoperability
Overview
This presentation will focus on the issues being
considered and addressed within the TIA IPR
Standing Committee (TIA IPR SC)
Committee has responsibility to review and
maintain TIA’s IPR Policy and associated
Guidelines Document, which are available on
TIA’s Web site www.tiaonline.org
Focus will be on activities of that group
since GSC-13 in Boston (July 2008)
Committee has met four times since GSC-13
September 2008, October 2008, January 2009, and
May 2009
Geneva, 13-16 July 2009
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TIA IPR SC Topics of Discussion
How TIA maintains Web-based forms to be
consistent with written forms as contained in the
Policy
How TIA determines whether form (such as
LoA) is submitted by someone with authority
Web-based form is effective and valid only when an original
or scanned copy (e.g., PDF, fax or the manually
signed original) is received by TIA.
Guidelines will be revised to reflect that any
form of signature recognized as legally binding
under applicable law will suffice
Disclaimer language being drafted to reinforce
current policy that TIA’s role is not to validate
patents, assess validity of claims, or adjudicate
disputes
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TIA IPR SC Topics of Discussion
What can be attached to patent holder
statement?
General consensus that TIA does not prohibit
attachments to the licensing commitment or LoA
form, as long as the additional information is not
deemed to interpret or modify the licensing
commitment reflected in the form
General consensus that TIA will accept such
attachment as submitted, but it will not review or
take any position on its content
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TIA IPR SC Topics of Discussion
Transferability/irrevocability of licensing
commitments
Paralleled the ITU discussion
The “ex ante” debate
TIA policy has a permissive practice of voluntary ex
ante disclosure
No group discussion of licensing terms permitted at TIA
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TIA IPR SC Topics of Discussion
Whether to have the entire TIA patent policy
as consolidated document and attachment
to the Engineering Manual
Many participants noted that the current policy is
piecemeal throughout the entire TIA Engineering
Manual
A consolidated document would be easier to
understand and more convenient for those who are
seeking to find the TIA IPR policy
The IPR SC agreed in principle that having a standalone patent policy would be an idea worth pursuing
Creation of a stand-alone policy based on current
text in Engineering Manual in progress
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Activities of TIA IPR SC
TIA Position Paper Released on “Open
Standards”
The direct link is as follows:
http://www.tiaonline.org/standards/about/documents/TIAIPR_20080620-003_TIA_OPEN_STANDARDS-CLEAN_R4.pdf
Paper describes the voluntary, open and consensusbased standardization process
Addresses attempts to re-define what constitutes an
“Open Standard” and explains the differences between
Open Source Software and Open Standards
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Activities of TIA IPR SC
European Commission “IPR in Standardization”
Workshop Held 19 November 2008
Organized by DG Enterprise
Held as part of the EC ICT standardization policy review
Intent was to discuss issues related to the inclusion of
patented technologies in ICT standards and specifications
All presentations and public comment received on the topic
posted at:
http://ec.europa.eu/enterprise/ict/policy/standards/ws08ipr_en.ht
m
TIA provided written comments to the EC (as
did ANSI)
http://ec.europa.eu/enterprise/ict/policy/standards/ws08ipr/c
ontributions/20081106TIA_en.pdf
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Activities of TIA IPR SC
Response to call for comments from the U.S.
Office of Management and Budget (OMB)
Director of the OMB issued a public notice inviting
comments on principles and procedures for U.S. Federal
agencies
OMB Circular A-119 (Revised) is entitled "Federal
Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment
Activities“
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OMB Circular A-119
Directs government agencies, except in certain cases,
to rely on voluntary consensus standards:
“For purposes of this policy, ‘voluntary consensus
standards’ are standards developed or adopted by
voluntary consensus standards bodies, both domestic and
international. These standards include provisions
requiring that owners of relevant intellectual property
have agreed to make that intellectual property available
on a non-discriminatory, royalty-free or reasonable
royalty basis to all interested parties….”
According to the Circular, a “voluntary consensus
standards body” is defined by the following attributes:
(i)
(ii)
(iii)
(iv)
(v)
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Openness
Balance of interest
Due Process
An appeals process
Consensus
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Activities of TIA IPR SC
OMB request for public comments
TIA, as the American National Standards Institute’s
(ANSI) fourth-largest accredited standards
development organization, measured by number of
ANSs, expressed support for the continued use of
OMB Circular A-119 and government use of
“voluntary consensus standards” as defined
therein.
All comments received by the OMB are posted at:
http://www.reginfo.gov/public/jsp/EO/fedRegReview/publicComments.j
sp
TIA comments are #54
TIA submitted Comments supportive of
ANSI’s Comments in response to the Center for
Global Standards Analysis’s National Survey on
U.S. Standards Policies
Www.ansi.org/news_publications/news_story.aspx?menuid=7&articleid
=2206
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Recommendations:
TIA recommends that GSC-14
reaffirm all three of the
Resolutions developed by the GSC
IPRWG
GSC-14/22 Intellectual Property Rights
Policies
GSC-14/23 Cooperation with Patent and
Trademark Offices
GSC-14/24 Open Standards
Geneva, 13-16 July 2009
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