summary of gsc-15 ipr wg meeting alan fan zhiyong ipr wg chair document #:gsc15-cl-05...
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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 ([email protected])
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!