fostering worldwide interoperabilitygeneva, 13-16 july 2009 summary of gsc-14 ipr wg meeting antoine...

Geneva, 13-16 July 2009

Fostering worldwide interoperability

Summary of GSC-14 IPR WG Meeting

Antoine Dore, ITUIPR WG Chair

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 ([email protected])

2Geneva, 13-16 July 2009 Fostering worldwide interoperability

Meeting Overview

44 attendees11 input documents:

Report from GSC-13 IPR WGReview of progress since GSC-13

TTC (Document 7) ETSI (Document 8) TIA (Document 4) 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)


Review of Progress since GSC-13TTC

TTC IPR Committee members met, inter alia, to study current trends in IPR issues in the USTTC 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 guidelinescomplex IPR casesLicense of Right


Review of Progress since GSC-13TIA

TIA IPR Standing Committee met four times since GSC-13Issues examined by the IPR Standing Committee included (among others):

Consistency of web-based and written formsAuthority to submit a formTransfer of licensing commitmentsNeed 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 disputesTIA’s position on Open Standards was expressed


Review of Progress since GSC-13ETSI

Recent modifications to ETSI IPR policyPatent FamilyIrrevocability of FRAND licensing undertakingTransfer of Ownership

DAtabase REstructuring (DARE) projectSoftware Copyright Guide under developmentCollaboration with EPO


Review of Progress since GSC-13ATIS

ATIS IPR Policy Review Task Force responsible for monitoring ATIS’ IPR policyTask Force has met on 9 occasions since GSC-13No 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 commitmentspotential creation of alternative policies for a specific committeemandatory licensing


IPR Issues in the regionsANSI

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; andReview of recent actions by the U.S. Federal Trade Commission (“FTC”) and the U.S. Department of Justice (“DOJ”).


IPR Issues in the regionsIEEE

Highlights of IEEE-SA Patent PolicyPatent pool initiative in collaboration with VIA Licensing


Considerations for developingPSO IPR Policies

CCSARecognized that existing IPR policies have produced positive effectsSuggested 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 technologyRoyalty for one patented invention can only be charged at one link, rather than two or more links, in the industrial chain.


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”?


Collaboration with Patent OfficesEPO

Highlighted the need to increase collaboration between Patent Offices and SDOs, in particular with regard to access to documentationAdvocated in favour of increased transparency (e.g. up-to-date databases)


Conclusions

IPR WG should meet during GSC-15

WG recommends similar time allocation and schedule

Three Resolutions reaffirmedGSC14-IPR-022GSC14-IPR-023GSC14-IPR-024

Geneva, 13-16 July 2009

Fostering worldwide interoperability

Thank you.Antoine Dore, ITU