geneva, october 9, 2012 summary of gsc-16bis ipr wg meeting greg ratta, itu ipr wg rapporteur...
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Geneva, October 9, 2012
Summary of GSC-16bisIPR WG Meeting
Greg Ratta, ITU
IPR WG Rapporteur
Document No:
GSC-16bis-IPR-12
Source: IPR WG Rapporteur
Contact: Greg Ratta
GSC Session:
IPR Working Group
Agenda Item:
6
Geneva, October 9, 20122
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
Geneva, October 9, 20123
ARIB Contribution
• 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, 20124
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
Geneva, October 9, 20125
ETSI Contribution
• 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
Geneva, October 9, 20126
ITU Contribution
• Adoption of revised Software Copyright Guidelines
• Report of 2011 workshop on Standards and Intellectual Property Rights issues
• Preview of ITU Patent Roundtable
Geneva, October 9, 20127
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 standard-essential 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
Geneva, October 9, 20128
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
Geneva, October 9, 20129
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
Geneva, October 9, 201210
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
Geneva, October 9, 201211
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
Geneva, October 9, 201212
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