DOCUMENT #:GSC15-IPR-03 FOR:Presentation SOURCE:ITU AGENDA ITEM:4 IPR issues and ITU’s standardization activities Antoine Dore Legal Officer, ITU Global Standards Collaboration (GSC) GSC-15

Overview of the Patent Policy and Guidelines  ITU-T and ITU-R possess and follow a Common Patent Policy with ISO and IEC. Common Patent Guidelines complement the Common Patent Policy.  TSB Director receives guidance from his Ad Hoc Group for IPR matters.  IPR AHG is studying possible revisions to the Common Policy and Guidelines. 2

Overview of the Patent Policy and Guidelines  Purpose: To ensure that patents embodied in ITU Recommendations (standards) are accessible to everyone without undue constraints.  No technical limitations on the inclusion of patents in ITU standards.  Disclosure rule: “…any party participating in the work of ITU, ISO or IEC should, from the outset, draw the attention of the Director of ITU-TSB, the Director of ITU-BR or the offices of the CEOs of ISO or IEC, respectively, to any known patent or to any known pending patent application, either their own or of other organizations…” 3

Overview of the Patent Policy and Guidelines  Licensing Declaration must be made using a standard form.  Discussions on licensing terms and conditions are held outside ITU.  Disputes are also settled outside ITU.  No patent search required.

Current Activities  Some topics addressed during the last IPR AGH meeting (February 2010): Definition of Patent and the concept of essentiality in the Patent Guidelines Issue of transfer/assignment of patent rights A full review of the Software Copyright Guidelines was launched Potential Competition issues in the conduct of Study Group meetings  Target: to issue a revision of the Patent Guidelines in March

Trends and Statistics in ITU-T  Number of Patent Declaration Statements by region.  Asia at the forefront of innovation.  Declared Licensing options over the last decade.  Standards against which Patent Declaration Statements have been made.  Patent Declaration Statements per area of standardization.

Number of Patent Declaration Statements received by region (ITU-T) 7 Note: data refer to ITU-T

Asia at the forefront of innovation  Japan, China and Korea: among the top 5 patenting nations.  In 2009, Asia submitted more Patent Declaration Statements than Europe for the first time over the last decade.  Asia’s engagement in international standardization activities is steadily increasing. Note: data refer to ITU-T 8

Asia at the forefront of innovation  Since 2002, Korea has been in the top 10 countries submitting Patent Declarations annually.  2009 was the first year in which China had the second highest number of Patent Declaration Statements.  Bridging the standardization gap: Africa and South America have submitted no Patent Declaration Statements over the last decade. Note: data refer to ITU-T

Asia at the forefront of innovation: the case of China  Over the past 5 years, there has been a 5-fold increase in the number of input documents submitted to ITU-T by China.  Since 2008, the number of Chinese delegates in ITU-T SG meetings has more than doubled.  For the study period , Chinese representatives have been elected to 9 Study Group Management Teams.  At WTSA-08, the Chinese delegation was among the largest. (Of the 10 largest delegations, 5 were from Asia).  China’s influence over future international standards is growing. Note: data refer to ITU-T

Declared Licensing options over the last decade Note: data refer to ITU-T

Standards against which Patent Declaration Statements have been made Note: data refer to ITU-T

Standards against which Patent Declaration Statements have been made Key to horizontal axis on previous slide: AA: Organization of the work of ITU-T DD: General tariff principles EE: Overall network operation, telephone service, service operation and human factors FF: Non-telephone telecommunication services GG: Transmission systems and media, digital systems and networks HH: Audiovisual and multimedia systems II: Integrated services digital network JJ: Cable networks and transmission of television, sound programme and other multimedia signals KK: Protection against interference LL: Construction, installation and protection of cables and other elements of outside plant MM: Telecommunication management, including TMN and network maintenance NN: Maintenance: international sound programme and television transmission circuits OO: Specifications of measuring equipment PP: Terminals and subjective and objective assessment methods QQ: Switching and signalling RR: Telegraph transmission SS: Telegraph services terminal equipment TT: Terminals for telematic services UU: Telegraph switching VV: Data communication over the telephone network XX: Data networks, open system communications and security YY: Global information infrastructure, Internet protocol aspects and next-generation networks ZZ: Languages and general software aspects for telecommunication systems Note: data refer to ITU-T

Patent Declaration Statements per area of standardization  8 of the 23 areas of standardization have received no Patent Declaration Statements  The areas of standardization that receive most Patent Declaration Statements relate to voice over IP and multimedia codecs (G & H Series). Note: data refer to ITU-T