Global Standards Collaboration (GSC) 14
DOCUMENT #:
GSC14-CL-005
FOR:
Presentation
SOURCE:
Antoine Dore, IPR WG Chairperson
AGENDA ITEM:
3.4
CONTACT(S):
Antoine Dore (antoine.dore@itu.int)
Summary of GSC-14
IPR WG Meeting
Antoine Dore, ITU
IPR WG Chair
Geneva, 13-16 July 2009
Fostering worldwide interoperability
Meeting Overview
44 attendees
11 input documents:
Report from GSC-13 IPR WG
Review of progress since GSC-13
 TTC (Document 7)
 TIA (Document 4)
 ETSI (Document 8)
 ATIS (Document 9)
Update on IPR issues in the regions
 ANSI (Documents 2, 3)
• IEEE (Document 12)
Considerations for developing PSO IPR Policies
 CCSA (Document 6)
 TIA (Document 5)
Collaboration with Patent Offices
 EPO (Document 11)
Past Resolutions
 Res 22 (IPR Policies);  Res. 23 (Collaboration with PTOs)
 Res 24 (Open standards)
Geneva, 13-16 July 2009
Fostering worldwide interoperability
2
Review of Progress since GSC-13
TTC
TTC IPR Committee members met, inter
alia, to study current trends in IPR issues
in the US
TTC continues to disseminate information
to its membership through yearly
seminars (topic in 2009 “License of Right”)
Current study items of TTC’s IPR
Committee include:
possible introduction of Software Copyright
Guidelines and trademark guidelines
complex IPR cases
License of Right
Geneva, 13-16 July 2009
Fostering worldwide interoperability
3
Review of Progress since GSC-13
TIA
TIA IPR Standing Committee met four times since
GSC-13
Issues examined by the IPR Standing Committee
included (among others):
Consistency of web-based and written forms
Authority to submit a form
Transfer of licensing commitments
Need to consolidate TIA’s IPR policy in a single
document
Guidelines will be revised to reinforce that, under
the current policy, TIA’s role is not to validate
patents, evaluate claims or adjudicate disputes
TIA’s position on Open Standards was expressed
Geneva, 13-16 July 2009
Fostering worldwide interoperability
4
Review of Progress since GSC-13
ETSI
Recent modifications to ETSI IPR policy
Patent Family
Irrevocability of FRAND licensing undertaking
Transfer of Ownership
DAtabase REstructuring (DARE) project
Software Copyright Guide under
development
Collaboration with EPO
Geneva, 13-16 July 2009
Fostering worldwide interoperability
5
Review of Progress since GSC-13
ATIS
ATIS IPR Policy Review Task Force responsible for
monitoring ATIS’ IPR policy
Task Force has met on 9 occasions since GSC-13
No specific problems with ATIS’ IPR Policy have
been identified by the “Task Force”
Work items on the “Task Force” agenda include:
issue of irrevocability of licensing commitments
potential creation of alternative policies for a specific
committee
mandatory licensing
Geneva, 13-16 July 2009
Fostering worldwide interoperability
6
IPR Issues in the regions
ANSI
Two contributions, including one
comprehensive paper addressing the
following areas:
ANSI’s role in the U.S. voluntary consensus
standardization system and its activities in the
area of intellectual property rights;
ANSI’s current views on issues relating to the
inclusion of patents, copyrighted software or
trademarks in standards; and
Review of recent actions by the U.S. Federal
Trade Commission (“FTC”) and the U.S.
Department of Justice (“DOJ”).
Geneva, 13-16 July 2009
Fostering worldwide interoperability
7
IPR Issues in the regions
IEEE
Highlights of IEEE-SA Patent Policy
Patent pool initiative in collaboration
with VIA Licensing
Geneva, 13-16 July 2009
Fostering worldwide interoperability
8
Considerations for developing
PSO IPR Policies
CCSA
Recognized that existing IPR policies have
produced positive effects
Suggested that the concept of FRAND be
clarified, as follows:
Royalty rate should be based on the value of
module, which indicates the substantive
contribution of a standardized technology
Royalty for one patented invention can only be
charged at one link, rather than two or more
links, in the industrial chain.
Geneva, 13-16 July 2009
Fostering worldwide interoperability
9
Considerations for developing or
revising PSO IPR policies
TIA
On-going debate around “ex ante”
On-going debate around “Open Standards”
Current robustness of the standards system
Does a licensing commitment made to an SSO transfer to a
new owner of the patent in question if the patent is
transferred?
Should participants undertake a “voluntary patent search”
and share the results with the technical committee?
Need for clarity and precision in IPR policies, does the
“practice” follow the “policy”?
Geneva, 13-16 July 2009
Fostering worldwide interoperability
10
Collaboration with Patent Offices
EPO
Highlighted the need to increase
collaboration between Patent
Offices and SDOs, in particular with
regard to access to documentation
Advocated in favour of increased
transparency (e.g. up-to-date
databases)
Geneva, 13-16 July 2009
Fostering worldwide interoperability
11
Conclusions
IPR WG should meet during
GSC-15
WG recommends similar time allocation
and schedule
Three Resolutions reaffirmed
GSC14-IPR-022
GSC14-IPR-023
GSC14-IPR-024
Geneva, 13-16 July 2009
Fostering worldwide interoperability
12
Thank you.
Antoine Dore, ITU
Geneva, 13-16 July 2009
Fostering worldwide interoperability