Geneva, Oct 8, 2012 Latest developments in the field of IPR since GSC-16 Antoine DORE Senior Legal Officer, ITU Document No: GSC16bis-IPR-10 Source: ITU Contact: Antoine Dore GSC Session: IPR Working Group Agenda Item: 4.4

Geneva, October 9, Adoption of revised Software Copyright Guidelines In 2011, a Task Force was created with the mandate of conducting a thorough review of the Guidelines, taking into account the knowledge acquired over the past 10 years. The Task Force was asked to complete its work within one year, and to submit its final report to the IPR AHG for review at its December 2011 meeting. In December 2011, the IPR AHG submitted a unanimous recommendation to the TSB Director. The revised Guidelines entered into force on 13 April (The Guidelines are available at T/ipr/Pages/default.aspx ) T/ipr/Pages/default.aspx The review process: –The Task Force started its work by conducting a review of Study Group practices. –Two areas for improvements were quickly identified: the absence of appropriate representations and warranties from the Software Copyright Holder, and the absence of a clear and adequate rule governing the use of Software for testing purposes. GSC16bis-IPR-10

Geneva, October 9, 2012 Adoption of revised Software Copyright Guidelines A significant effort was made to clarify the types of issues that arise in connection with the incorporation of software in standards, and the types of use that require a license and those that don’t. To improve the legal protection of users, a lot of time was spent on re-drafting the licenses as well as the representations and warranties that are now required from the Software Copyright Holder. 3 GSC16bis-IPR-10

Geneva, October 9, 2012 Adoption of revised Software Copyright Guidelines The revised Guidelines also make it very clear to implementers that they may always use software included in ITU standards for testing purposes on a free-of-charge basis and without having to worry about licensing arrangements. 4 GSC16bis-IPR-10

Geneva, October 9, 2012 Workshop on Standards and Intellectual Property Rights issues As part of our efforts to bridge the standardization gap, and to increase awareness on questions relative to the interplay between standards and IPR, ITU organized a workshop in India on “Standards and IPR issues”. The workshop was hosted by the Department of Telecommunications of India, and was supported by GISFI, the new ICT standardization forum for India. The workshop took place on December 2011, in New Delhi, just before the annual GISFI meeting. 5 GSC16bis-IPR-10

Geneva, October 9, 2012 Workshop on Standards and Intellectual Property Rights issues The objective was to provide a forum to discuss current issues relating to the inclusion of patented technology and software in standards. The workshop included 5 sessions: –The first session talked about the current patented policy debates taking place within standards-setting bodies from different geographical regions. –The second session discussed the concept of FRAND as well as the mechanisms that exist to avoid royalty stacking / patents hold-ups. –The third session provided a platform to public authorities to provide insights into the role of government on IPR issues and standards. 6 GSC16bis-IPR-10

Geneva, October 9, 2012 Workshop on Standards and Intellectual Property Rights issues In the fourth session, professors active in the field of standards and IPR were invited to present their work and their views on the topic. The final panel discussed issues related to the inclusion of Software in standards. Approximately 20 speakers from Europe, the United States, Japan, China and India participated at the event. The workshop was attended by 130 participants. The final report may be found at T/worksem/ipr/201112/index.htmlhttp:// T/worksem/ipr/201112/index.html 7 GSC16bis-IPR-10

Geneva, October 9, 2012 ITU Patent Roundtable Objective: This Roundtable will assess the effectiveness of RAND- based patent policies. The purpose of this initiative is to provide a neutral venue for industry, standards bodies and regulators to exchange innovative ideas that can guide future discussions on whether current patent policies and existing industry practices adequately respond to the needs of the various stakeholders. Venue: ITU Headquarters, Geneva, Switzerland. Date: 10 October Participation was limited to 134 delegates to ensure lively discussion. Participation is open to members and non-members of the ITU. Chatham House rule will apply. 8 GSC16bis-IPR-10