Jeju, 13 – 16 May 2013TBD Summary of GSC-17 IPR WG Meeting Dirk Weiler, Chair, IPR WG Session Document No: GSC17-CL-06 Source: Dirk Weiler Contact: ETSI Delegation GSC Session: GSC-17 Closing Plenary Session Agenda Item: 2.5

GSC17-CL-06 GSC-17, Jeju / Korea Meeting Overview ITU presented a summary of the GSC-16bis IPR WG Meeting Eleven organizations presented Contributions, primarily to share new information since GSC-16: –ARIB- ATIS –CCSA- ETSI –ITU- TIA –TTA- TTC –EPO- ANSI –KIPO Other participants included ISACC, JPO, IEEE and Government of India 3 Resolutions from last GSC meeting were reviewed: –Res 22: Intellectual Property Rights Policies –Res 23: Cooperation with Patent and Trademark Offices –Res 24: Open Standards 2

GSC17-CL-06 GSC-17, Jeju / Korea Report from GSC – 16 bis IPR WG and ITU Contribution GSC-16bis IPR WG Meeting (9 October 2012) –An interim meeting of the GSC IPR Working Group (“GSC-16bis”) convened in 2012 in view of the fact that GSC-17 would not meet until May 2013 –Ten organizations presented contributions: Members: ARIB, ATIS, ETSI, ITU, TIA, TTA, TTC, ANSI, EPO, WIPO (ISACC and USPTO also attended) –Emphasis on current activities of the organizations and relevant legal updates, including competition authorities’ recent statements ITU IPR Activities –ITU Patent Roundtable event (10 October 2012) –Debate focused primarily on: The availability of injunctive relief for RAND-encumbered SEPs The meaning of “reasonable” in RAND licensing terms –TSB Director requested the TSB Director’s Ad Hoc Group on Intellectual Property Rights to begin work on a recommendation aimed at providing high level principles clarifying the meaning of “reasonable”, and the issue of injunctive relief, in the RAND context –Additional items under discussion: Meaning of “non-discriminatory” access to RAND-encumbered SEPs Clarification on the binding nature of certain elements in the Guidelines for implementation of the Common Patent Policy Transfer and assignment of RAND-encumbered SEPs 3

GSC17-CL-06 GSC-17, Jeju / Korea Contributions From ARIB and ATIS ARIB –Highlighted high volume of: IPRs contributed 1 February 2012 – 1 February 2013 Free downloads of ARIB standards and technical reports –Comprehensive consideration: Considering possible link to JPO’s related IPR information Considering whether ARIB should permit IPR to be submitted fewer than all claims identified ATIS –Noted recent meetings with U.S. Federal Trade Commission and Department of Justice Explained member-driven process by which changes to IPR policy are developed and approved U.S. government: “SDOs are the good guys” –Considering potential new IPR policy related to specific open source project 4

GSC17-CL-06 GSC-17, Jeju / Korea Contribution From CCSA CCSA –CCSA Intellectual Property Rights Policy was issued in 2007 There have been patent disclosures in connection with 50 standards –These patents cover various areas such as wireless and wireline access, digital trunking, Ethernet, IPv6, New type optical fiber cable, Cable Type etc. The initial phase of CCSA patent database is completed and will be available soon –CCSA will continue to follow the researches on IPR issues in other SDOs, combined with the actual situation in China, to develop implementation rules and other related documents, which will match with the IPR policy 5

GSC17-CL-06 GSC-17, Jeju / Korea Contribution From ETSI ETSI –ETSI IPR Online Database – high volume of IPR declarations –Ongoing policy discussions in the IPR Special Committee in order to achieve consensus: primarily topics discussed FRAND (guidelines for compensation elements) Reciprocity (possible clarification of parameters) Injunctive relief Transfer of a FRAND-encumbered essential IPR –At GA#61 in March 2013 ETSI has adopted changes in the IPR Policy in-line with requirements of many stakeholders –All successors-in-interest to be bound by the FRAND commitment Related testimony by the EC – DOJ/FTC – Investigation on voluntary ADR solutions by third party 6

GSC17-CL-06 GSC-17, Jeju / Korea Contributions From TIA and TTA TIA –Update on recent public policy debates “Incorporation by reference” issue – when a standard is referenced in regulation or legislation does it (the document) have to be made freely available? US Federal Trade Commission, US Department of Justice and USPTO public statements regarding RAND commitments in connection with standard-essential patents (SEPs) and injunctive relief Approved and proposed FTC consent decrees relating to the use of injunctive relief in connection with RAND-encumbered SEPs (Bosch and Google/Motorola) TTA –Many declarations received as of April 2013 –IPR Special Committee “restarted” on April 2013, reviewing: Clarification of IPR information notification: who, when, what, and how, etc. Effectiveness of declarations: irrevocable, worldwide, reciprocity and transfer Improvement of TTA IP database Copyright issues in referencing or incorporating the other SDOs’ deliverables into TTA standards S/W Copyrights, etc. 7

GSC17-CL-06 GSC-17, Jeju / Korea Contributions From TTC and EPO TTC –IPR Seminar on Dec. 10, 2012 Shared the result of the ITU Patent Roundtable on Oct. 10, 2012 Shared the recent litigations regarding IPRs contained in standards Presentations from industry on standardization strategy –Monitored with interests Tokyo District Court’s ruling for the rejection of injunction as well as damages regarding RAND encumbered patents (due to insufficient effort for faithful negotiations) –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 EPO –In many technical areas with high number of industrially and commercially important patent applications, a high proportion of pertinent prior art comprises standards documentation Quality and legal security of granted patents in these areas without search in standards documents would not be acceptable –Standards documents available for EPO examination: 3GPP, ETSI, ITU, IEEE—SA, IETF 3GPP2 and OMA to be added in 2013 –Despite proliferation of IPR in standards and increased reference to standards in patent applications, SDOs’ approach with regard to cooperation with EPO still varies widely 8

GSC17-CL-06 GSC-17, Jeju / Korea Contributions From ANSI and KIPO ANSI –“Incorporation by reference” issue also noted by TIA –Recent developments at U.S. competition regulatory authorities regarding RAND-encumbered SEPs and injunctive relief Merger reviews when RAND-encumbered SEPs are transferred Approved and proposed consent decrees issued by the FTC (Bosch and Google/Motorola) Related testimony and policy statements by DOJ, FTC and PTO KIPO –Noted recent jump in citation of standard technical documents as prior arts for the last two years –Standards documents available for examination: (IEEE) Online search and data access through contracts (3GPP, IETF) Online download and utilization of documents by examiners (Other fields) Securement of relevant documents through DDS(Document Delivery Service) when examiners request –Time-consuming search work due to differences in methods for providing standard technical documents –Prioritized digitalization of free standard technical documents(’14, 3GPP) –Digitization of fee-based standard technical documents through collaboration with international standards development organizations in the future 9

GSC17-CL-06 GSC-17, Jeju / Korea Resolutions All Three Existing Resolutions were re-affirmed by the members without any change: –Res 22: Intellectual Property Rights Policies –Res 23: Cooperation with Patent and Trademark Offices –Res 24: Open Standards 10

GSC17-CL-06 GSC-17, Jeju / Korea Suggestions for Next GSC IPR WG Meeting IPR WG found this meeting to be very informative and useful IPR WG sees great value in meeting to exchange information on topics related to standards/IPR IPR WG recommends that the HODs to take this into consideration when reframing the structure and framework of future GSC meetings 11