Document No:
GSC-16bis-IPR-12
Source:
IPR WG Rapporteur
Contact:
Greg Ratta
GSC Session:
IPR Working Group
Agenda Item:
6
Summary of GSC-16bis
IPR WG Meeting
Greg Ratta, ITU
IPR WG Rapporteur
Geneva, October 9, 2012
Meeting Overview
• Ten organizations presented contributions:
– Members: ARIB, ATIS, ETSI, ITU, TIA, TTA, and TTC
– Observer: ANSI, EPO, WIPO
• Additional Member in attendance:
– ISACC
• Additional Observer in attendance:
– USPTO
• Emphasis on sharing of current activities of the
organizations
• Requested full half day (Wed pm or Thurs am) for WG at
next GSC meeting
• Agreed to reactivate GSC IPR email reflector
2
Geneva, October 9, 2012
ARIB Contribution
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ARIB structure
Standardization topics within ARIB
History of activities on IPR
IPR policy revised in July 2012
IPR database recently launched
Potential topics for study:
– Irrevocability of Patent Declarations, transfer
of IPR, Patent Families, Software Copyright
Guidelines and Trademark Guidelines.
Geneva, October 9, 2012
3
ATIS Contribution
• ATIS IPR policy has not changed since
GSC 16 report
• Provided update on U.S. governmental
policy initiatives
– Memorandum on government engagement in
standards activities
– Requests for comments concerning governmental
use of voluntary industry standards
• Noted oneM2M IPR policy
– IPR obligations vary base on level of participation
4
Geneva, October 9, 2012
ETSI Contribution
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Main characteristics of ETSI IPR Policy
ETSI IPR Online database
Software Copyright Guidelines
Current topics under discussion in ETSI IPR
Special Committee:
– FRAND, reciprocity, injunctive relief, transfer of essential patents
subject to a FRAND commitment
• Other Topics : TruePosition litigation case,
ETSI’s position on providing information for
foreign litigation, US NAS Study
5
Geneva, October 9, 2012
ITU Contribution
• Adoption of revised Software Copyright
Guidelines
• Report of 2011 workshop on Standards
and Intellectual Property Rights issues
• Preview of ITU Patent Roundtable
6
Geneva, October 9, 2012
TIA Contribution
• The TIA Standards & IPR Policy Committee (SIPC)
– Develops and communicates TIA standards and IPR policy
positions external to TIA
– Increased focus on standards and IPR issues worldwide
– Responding to or monitoring issues related to:
• What it means that standards incorporated by reference in
regulations must be “reasonably available” to the public
• Other criteria for governmental use of voluntary consensus
standards
• Recent competition regulators’ public statements on standardessential patents and F/RAND commitments
• The TIA IPR Working Group (IPRWG)
– Preparing a version of the TIA IPR policies separate from the
Engineering Manual to ease use and revision
7
Geneva, October 9, 2012
TTA Contribution
• TTA standardization activities and IPR
Policy
• Historical data about patent declarations
• Current topics under study:
– Transfer of IPRs, S/W Copyrights, IP
database maintenance, and referencing other
standards (copyright issues)
• Korean Fair Trade Commission antitrust
guidelines for standardization
8
Geneva, October 9, 2012
TTC Contribution
• Overview of TTC and its history of studying
Industrial Property Rights issues in standards
• Activities since GSC15
– Further alignment of the Operation Procedures with
the April 2012 version of the guidelines for the
Common Patent Policy for ITU-T/ITU-R/ISO/IEC.
• Current topics under study:
– Software Copyright Guidelines, Trademark
Guidelines, and possible revisions to the Policy and
the Operation Procedures due to complex IPR cases
9
Geneva, October 9, 2012
ANSI Contribution
• Incorporation of standards by reference in
legislation, rulemakings, and other
government action
• Developments relative to Standards
Essential Patents
• Proposed revision to the guidelines for
implementation of the Common Patent
Policy for ITU-T/ITU-R/ ISO/IEC
10
Geneva, October 9, 2012
EPO Contribution
• EPO first to consider standards documents
• Increasing patent litigation for standards related
essential patents concerns EPO and SDOs
• Patent rights should be a balance between
protecting an applicant's investments and
interests of society in the dissemination of
technology-related knowledge
• EPO benefits from cooperation and agreements
with SDOs – and vice versa
11
Geneva, October 9, 2012
WIPO Contribution
• Standing Committee on the Law of
Patents (SCP)
– Development of the international patent
system
• PATENTSCOPE
– Patent information portal
• IP and Competition
• WIPO Arbitration and Mediation Center
12
Geneva, October 9, 2012