TTC Activities on IPR in Standards

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TTC Activities on IPR in Standards Document No: GSC IPR-xx Source: TTC Contact: Tetsuya Oki GSC Session: IPR Agenda Item: 3.9 TTC Activities on IPR in Standards Tetsuya Oki, Vice Chairman, TTC IPR Committee Sophia Antipolis, April 20, 2015

Contents About TTC History of “IPR in Standard” issues in TTC Activities since GSC17 (May 16, 2013) Further study items Sophia Antipolis, April 20, 2015

Inter-Industry Innovation Center(I3C) TTC Organization Chart General Assembly Administration Strategy Inter-Industry Innovation Center(I3C) Councilor's Meeting Standards development Board of Directors Award Committee IPR Committee Promotion Technical Assembly Strategy Committee 18 Working Groups 5 Advisory Groups Sophia Antipolis, April 20, 2015 3

TTC Document Structure Category Document type Definition Normative Standard Stable Technical Specification Technical Specification Provisional Technical Specification Informative Technical Report Technical Information Document Survey Report Report of survey by committees Sophia Antipolis, April 20, 2015 4

History of study on IPR in TTC Year Month Event 1988 June Establishment of IPR Committee 1989 May IPR Policy specified Oct - Operation Procedures specified - DB for submitted Statements introduced 2001 Alignment with New Document Structure 2002 Major revisions to the procedures and texts Alignment with new operational structure of TTC 2003 Apr Revised definition for reciprocity 2005 Copyright Treatment specified 2006 Mar Revised IPR Policy and Operation Procedures Sophia Antipolis, April 20, 2015 5

History of study on IPR in TTC (cont’d) Year Month Event 2007 Dec Revised Operation Procedures 2009 July Revised Provision of IPR Committee 2010 June Draft Revised Operation Procedures completed 2012 Feb Revised Copyright Treatment approved 2013 Observers from MIC and ISO TMB joined as regular participants Prof. J. Fujino, Tokyo University of Science joined the committee as an invited member. Aug. JPO joined the committee as an observer. 2014 Feb. ARIB joined the committee as an observer. Nov. Mr. Tetsuya Oki was nominated as VC.

External Activities of TTC on IPR since 2004 Nov. 2003 – July 2004: TTC’s Declaration Form aligned with that of ITU-T. May 2004: Participated in GSC9 held in Seoul. Aug. – Sep. 2005: Participated in GSC10 held in Sophia Antipolis. May – June 2006: Participated in GSC11 held in Chicago. July 2007: Participated in GSC12 held in Kobe May 2008: Discussion with IEEE-SA July 2008: Participated in GSC13 held in Boston July 2009: Participated in GSC14 held in Geneva Dec. 2009: Joint workshop with ETSI IPR Committee Aug. – Sep. 2010: Submitted a contribution to GSC15 in China Jan. 2011: Discussion with ITI on IPR in standards 7

External Activities of TTC on IPR since 2004 (cont’d) Dec. 2011: Participated ITU-T-GISFI IPR Workshop in Delhi. Oct. 2012: Participated and submitted a contribution to GSC16bis in Geneva Oct. 2012: Participated the ITU Patent Round Table in Geneva Oct. 2012: Participated and submitted a contribution to ITU-T TSB Director’s Ad hoc Group on IPR in Geneva Dec. 10 2012: Held the IPR seminar (58 participants) May 2013: Participated GSC17 held in Cheju, Korea Jan. 2013 through to Feb 2015: Participated ITU-T TSB Director’s Ad hoc Group on IPR Sophia Antipolis, April 20, 2015

Current status of TTC’s IPR handling IPR (Industrial Property Right) is being handled. Trademark not handled. Only the copyright of TTC Standards and Specifications considered, not other types of documents. IPR Policy specifies basic principles. (TTC Board of Directors approves and publishes IPR Policy.) Operation Procedures specify detailed procedures regarding IPR Statements and their maintenance, including IPRs owned by non-members. (IPR Committee approves and publishes Operation Procedures.) Sophia Antipolis, April 20, 2015 9

CURRENT ITU-T RULES vs TTC RULES Common Patent Policy The Policy for the Handling of Industrial Property Rights Patent Common Patent Guidelines Operation Procedures for the Handling of Industrial Property Rights Software Copyright Software Copyright Guidelines (FFS) Guidelines related to the inclusion of Marks in ITU-T Recommendations (FFS) Trademark Right to copy for standardization related purposes Copyright Copyright Treatment Note – TTC is a recognized SDO under Recs. A5 and A.6. 10

Submission of IPR Statements in TTC DB for IPR Statements available at TTC Web For TTC Standards 163 (1988 – March. 2015) For TTC Technical Specifications 30 (2001 – March. 2015) (Note) Here, “IPR” stands for Industrial Property Right. Sophia Antipolis, April 20, 2015 11

Activities since GSC17 A new invited member (Professor), and Observers from JPO and ARIB joined as regular participants Number and variety of participants have been further increased, which would lead to more fruitful discussions in the future New Vice Chairman, Mr. Tetsuya Oki, has been nominated. Monitored with interests IP High Court’s ruling for the rejection of injunction regarding RAND encumbered patents, as well as the limited damages considering valued contributions of the SEP. A new balanced approach regarding SEPs has been discussed in TTC, which would lead SEP owners to a patent pool. However, no agreement has been reached yet. Sophia Antipolis, April 20, 2015

SSO’s New Contribution for SEP Issue Under Studying SSO’s New Contribution for SEP Issue Responsibility of Standard Setting Organization Standard setting is regarded as pro-competitive under the Competition Law, because it encourages innovation and promote innovation. This means that not only in standard setting process but also later at the time of utilizing such Standard FRAND license has to be available to those implementers. Even after the Standard is set If aggregated individual FRAND royalties exceed “reasonable” amount, such standard setting activities would be retroactively questioned. Study Items Improve transparency of the SEP Declaration Process Create method to control FRAND value of SEPs properly; especially at the time of implementing such standard we need solve the issue of Aggregated reasonable royalties (“Royalty stacking“) e.g. SSO could encourage members to join a patent pool for declared SEPs. Sophia Antipolis, April 20, 2015

Further Study Items for TTC Study on possible introduction of Software Copyright Guidelines and Trademark Guidelines. Possible revisions to the Policy and the Operation Procedures according to the progress of the discussions in ITU. Contribution to the study on Standardization and IP strategy. Discuss and promote TTC members’ needs. Study A new balanced approach regarding SEPs issue Sophia Antipolis, April 20, 2015 14

TTC’s IPR policy, guidelines, etc. are shown in the following website http://www.ttc.or.jp/e/intro/rules/ru6/index.html Thank you ! Sophia Antipolis, April 20, 2015