Interoperability and Open Standards EC 19 Nov2008

119-11-2008

How standards can

help IPRs to evolve

for the benefit of

consumers?

Chiara Giovannini, ANECAnne-Catherine Lorrain, TACD

IPR in ICT standardisation workshop, 19 Nov 08, Brussels

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ContentContentss

• ANEC and TACD in a nutshell

• ICT standardisation and IPRs: a

case for interoperability

• Standards as a tool for

promoting consumer interests?

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ANECANEC

19-11-2008 C. Giovannini / AC Lorrain

The European consumer voice in standardisation

Ensure public interest representation in standardisation

Established in 1995 by national consumer organisations and public authorities

Co-funded by the European Commission and EFTA

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Networking

• Affiliate member of CI

• Observer to TACD

• Associate Member of CEN

• Cooperating Partner of CENELEC

• Full member of ETSI

• Member of

• Observer to ISO-COPOLCO• Member of European Consumer Consultative

Group (ECCG)

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ConsumerFocus

Consumentendbond

The Trans Atlantic Consumer DialogueEuropean members

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The Trans Atlantic Consumer DialogueAmerican members

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Why consumers need standards

• Standards and openness: a means to achieve interoperability, i.e. compatibility of devices and services;• Content migration/data portability, content sustainability;• Promotion of creativity and innovation;• The “price” issue for end-users:

Licenses, royalty fees... Are standards “cheaper”?

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TACD Resolution on software interoperability and open standards (July 2008)

• Maximum consumer choice;

• Level playing field and maximum competition amongst vendors;

• Open standards for formats and intercommunication protocols for interoperability;

• Enhanced consumer privacy and data protection, when building interoperable systems.

Core consumer interests and rights

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Core consumer interests and rights

TACD Resolution on interoperability and open standards(July 2008)

“ (…)6. Government procurement of software should include requirements that word processing and presentation graphics programs can read and write to open standards compliant document formats that are not effectively controlled by one company, and which realistically facilitate competition in the market for such programs, and which can be implemented effectively on at least the three leading operating system platforms.Government procurement of computer printers should include requirements that manufacturers provide the drivers and interface information necessary to make such printers work with at least the three leading operating system platforms.By 2010, the US and the EU should make efforts to ensure government procurement of audiovisual software and services that use open standards compliant formats that work on at least the three leading operating system platforms.Government procurement of software should include requirements that saving data into an Open Standard should be the default setting of the program. Every two years, the US and EC should solicit public comment on additional areas where government procurement policy can be used to promote interoperability and open standards”.

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How governments can satisfy consumers' needs:

Promote creation and adoption of nonproprietary hardware and software interfaces through a combination of policy, legislation, regulation and procurement policies in addition to voluntary standards development activities, following democratic and transparent processes.

A proposal for a government “tool box”

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Concrete actions:

• Give preference to interoperable products or services when undertaking procurement decisions and so encourage their market development;

• Repeal, revise, or refrain from adopting IPRs laws that have adverse effects on interoperability, mainly in the field of patent laws;

• Attempt to achieve interoperability ex post within the competition law framework.

A proposal for a government “tool box”

1219-11-2008

Thank you for your attention!

www.anec.eucontact: chiara.giovannini@anec.eu

www.tacd.orgwww.tacd-ip.org/blogcontact: aclorrain@consint.org

C. Giovannini / AC Lorrain