Summary of GSC-15 IPR WG Meeting

Alan Fan ZhiyongIPR WG Chair

DOCUMENT #: GSC15-CL-05

FOR: Presentation

SOURCE: Alan Fan Zhiyong, IPR WG Chairperson

AGENDA ITEM:

CONTACT(S): Alan Fan Zhiyong (fanzhiyong@huawei.com)

7 SDOs presented Contributions, primarily on sharing new information• ETSI

• ITU

• TIA

• ANSI

• CCSA

• TTC

• EPO

3 Existing Resolutions• Res 22: IPR Policies

• Res 23: Collaboration with PTOs

• Res 24: Open standards

Meeting Overview

“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

ETSI: Activities & Developments

Revision of the Patent Guidelines in March 2011• 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

ITU: IPR issues and ITUs standardization activities

Number of Patent Declaration Statements received (ITU-T)

5

Note: data refer to ITU-T

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”

TIA: Activities Since GSC-14

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

ANSI GSC-15 Contribution

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.

CCSA: Positions

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

TTC: Issues to be discussed

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

EPO: SDO and PTO Cooperation

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

Summary of Activities

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

Resolutions

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

Suggestion to Next GSC IPR WG Meeting

Thank You!