Document No:
GSC16bis-IPR-10
Source:
ITU
Contact:
Antoine Dore
GSC Session:
IPR Working Group
Agenda Item:
4.4
Latest developments in the field
of IPR since GSC-16
Antoine DORE
Senior Legal Officer, ITU
Geneva, Oct 8, 2012
GSC16bis-IPR-10
Adoption of revised Software
Copyright Guidelines
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In 2011, a Task Force was created with the mandate of conducting a
thorough review of the Guidelines, taking into account the knowledge
acquired over the past 10 years.
The Task Force was asked to complete its work within one year, and to
submit its final report to the IPR AHG for review at its December 2011
meeting.
In December 2011, the IPR AHG submitted a unanimous recommendation
to the TSB Director. The revised Guidelines entered into force on 13 April
2012. (The Guidelines are available at http://www.itu.int/en/ITUT/ipr/Pages/default.aspx )
The review process:
– The Task Force started its work by conducting a review of Study Group
practices.
– Two areas for improvements were quickly identified: the absence of
appropriate representations and warranties from the Software Copyright
Holder, and the absence of a clear and adequate rule governing the use
of Software for testing purposes.
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Geneva, October 9, 2012
GSC16bis-IPR-10
Adoption of revised Software
Copyright Guidelines
• A significant effort was made to clarify the types
of issues that arise in connection with the
incorporation of software in standards, and the
types of use that require a license and those that
don’t.
• To improve the legal protection of users, a lot of
time was spent on re-drafting the licenses as
well as the representations and warranties that
are now required from the Software Copyright
Holder.
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Geneva, October 9, 2012
GSC16bis-IPR-10
Adoption of revised Software
Copyright Guidelines
• The revised Guidelines also make it very clear to
implementers that they may always use software
included in ITU standards for testing purposes
on a free-of-charge basis and without having to
worry about licensing arrangements.
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Geneva, October 9, 2012
GSC16bis-IPR-10
Workshop on Standards and Intellectual
Property Rights issues
• As part of our efforts to bridge the standardization gap,
and to increase awareness on questions relative to the
interplay between standards and IPR, ITU organized a
workshop in India on “Standards and IPR issues”.
• The workshop was hosted by the Department of
Telecommunications of India, and was supported by
GISFI, the new ICT standardization forum for India.
• The workshop took place on 19-20 December 2011, in
New Delhi, just before the annual GISFI meeting.
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Geneva, October 9, 2012
GSC16bis-IPR-10
Workshop on Standards and Intellectual
Property Rights issues
• The objective was to provide a forum to discuss
current issues relating to the inclusion of
patented technology and software in standards.
• The workshop included 5 sessions:
– The first session talked about the current patented policy debates taking place
within standards-setting bodies from different geographical regions.
– The second session discussed the concept of FRAND as well as the
mechanisms that exist to avoid royalty stacking / patents hold-ups.
– The third session provided a platform to public authorities to provide insights into
the role of government on IPR issues and standards.
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Geneva, October 9, 2012
GSC16bis-IPR-10
Workshop on Standards and Intellectual
Property Rights issues
• In the fourth session, professors active in the field of
standards and IPR were invited to present their work and
their views on the topic.
• The final panel discussed issues related to the inclusion
of Software in standards.
• Approximately 20 speakers from Europe, the United
States, Japan, China and India participated at the event.
• The workshop was attended by 130 participants.
• The final report may be found at http://www.itu.int/ITUT/worksem/ipr/201112/index.html
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Geneva, October 9, 2012
GSC16bis-IPR-10
ITU Patent Roundtable
• Objective: This Roundtable will assess the effectiveness of RANDbased patent policies. The purpose of this initiative is to provide a
neutral venue for industry, standards bodies and regulators to
exchange innovative ideas that can guide future discussions on
whether current patent policies and existing industry practices
adequately respond to the needs of the various stakeholders.
• Venue: ITU Headquarters, Geneva, Switzerland.
• Date: 10 October 2012.
• Participation was limited to 134 delegates to ensure lively
discussion.
• Participation is open to members and non-members of the ITU.
• Chatham House rule will apply.
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Geneva, October 9, 2012