DOCUMENT #:
GSC15-CL-05
FOR:
Presentation
SOURCE:
Alan Fan Zhiyong, IPR WG Chairperson
AGENDA ITEM:
CONTACT(S):
Alan Fan Zhiyong (fanzhiyong@huawei.com)
Summary of GSC-15 IPR WG Meeting
Alan Fan Zhiyong
IPR WG Chair
Meeting Overview
 7 SDOs presented Contributions, primarily on sharing
new information
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ETSI
ITU
TIA
ANSI
CCSA
TTC
EPO
 3 Existing Resolutions
• Res 22: IPR Policies
• Res 23: Collaboration with PTOs
• Res 24: Open standards
ETSI: Activities & Developments
 “DARE” Project: Restructuring of the ETSI IPR
data base
• Targeting at Increasing IPR Transparency
• Going Live in Q1 2011
 ETSI’s Guide on Software copyright
ITU: IPR issues and ITUs
standardization activities
 Revision of the Patent Guidelines in March
2011
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Definition of Patent and the concept of essentiality
Issue of transfer/assignment of patent rights
A full review of the Software Copyright Guidelines
Potential Competition issues in the conduct of Study
Group meetings
Number of Patent Declaration
Statements received (ITU-T)
160
140
120
100
Asia
Europe
80
North America
60
40
20
0
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
Note: data refer to ITU-T
5
TIA: Activities Since GSC-14
 2010 Don Purcell Survey on Priorities for Standards
Education
 TIA comments in response to Committee on Science and
Technology, U.S. House of Representatives) inquiry
 Proposed European Interoperability Framework (EIF v.2)
 TIA comments on the EC White Paper “The Way Forward”
outlining recommendations relating to the European legal
framework for standardization
 British Standards Institute (BSI) draft PAS 98 (standard for
standards bodies)
 TIA comments on proposed SAC rules relating to the
inclusion of patented technology in Chinese national
standards
 TIA discussion of proposed Government of India Policy on
“Open Standards”
ANSI GSC-15 Contribution
 Added language on the US Government’s role in
standards
 ANSI contributions to:
• CNIS’s proposed Guide for the Implementation of
the Inclusion of Patents in National Standards
• OECD Working Party on Competition and
Regulation Roundtable Discussion on Standard
Setting
• European Commission for public review on
proposed revised rules for the assessment of
horizontal cooperation agreements under EU
competition law
CCSA: Positions
 National, Industrial, and SDO’s policies and
regulations should conforms to both
international rules and Chinese characteristics.
 Understanding the pros and cons of patents
involved in standards and to balance the
interests of patents holders and standards users
 Patent matters should be dealt in routine
standardization procedures
 Education on patent/Standard matters is needed
by local businesses.
TTC: Issues to be discussed
 TTC pointed out two potentially harmful issues
for the IPR WG’s attention:
• Patent Disclosure is usually only desired but not
mandatory
• Transfer/assignment of Patent Rights
EPO: SDO and PTO Cooperation
 Policy:
• EPO sees gaps in SDO’s policies that can be improved
• EPO agrees the system is generally working well
 Practice:
• Patent Office to Use of Standard Documents in Patent
Examination
• SDOs is encouraged to cooperated with PTOs:
Initiated Cooperation with ETSI, IEEE and ITU
Summary of Activities
 Played an active role in lobbying government policies
and regulations
 Refining of SDO’s IPR policies: Software Copyright,
Competition issues, Assignments of patent rights, etc.
more issues under discussion
 Increasing effort to improve Database and IT
Cooperation
Resolutions
 All Three Existing Resolutions re-affirmed by all
members without any change
• Res 22: IPR Policies
• Res 23: Collaboration with PTOs
• Res 24: Open standards
Suggestion to Next GSC IPR WG
Meeting
 IPR WG found the meeting informative and useful
 Expects Similar Setting as in next GSC Meeting
 10 minutes for each speaker with extra QA time
 Overall time depending on number of contributions
 Dedicated time frame if preferred
Thank You!