1. Status of IPR discussion in ETSI Karsten Meinhold
Standards, Open Standards and Interoperability III Februar 2006 Sophia Antipolis
Status of IPR discussion in ETSI
Karsten Meinhold

2. Review of
Standards, Open Standards and Interoperability II September 2005 Sophia Antipolis

3. Overview Three Breakout sessions Track 1: Interoperability
Moderator: Hans van der Veer
Track 2: Open standards
Moderator: Jean Pierre Henninot
Track 3: IPRs in standards
Co-moderators: Markus Muenkler & Karl Heinz Rosenbrock

4. Summary (Track 1) Interoperability Next step
Agreed required characteristics for an SDO, Forum/Consortium – to ensure Technical Interoperability
[see document SOS2_16]
Next step
White paper for terminology, definitions, problem area needed (action on Hans van der Veer)
Track 1 transferred
Any follow-on issues to be brought to main workshop level

5. Summary (Track 2) Open standards Next step
GSC Resolution 10/4 way of addressing the issue of « open standards » is acceptable.
Every SDO should adopt this text having in mind that:
it is valid in the ICT scope
it gives a characterisation of «open standards » through a minimum set of characteristics
in a given context, actors can precise their practical application.
[see document SOS2_17]
Next step
Track 2 closed
Presentation of GSC Resolution to ETSI GA#46 in November 2005
Any follow-on issue to be brought to main workshop level

6. Summary (Track 3) IPRs in standards
Elaborated a list of suggested IPR issues in standardisation (cataloguing exercise)
Agreed to position ETSI as the “IPR think tank” for IPRs & Standards
Ensure that ETSI is part of the solution to be found
[see document SOS2_18r1]

7. Summary (Track 3) Next steps
Presentation of issues to ETSI GA#46 in November 2005
Ask GA to create a new IPR working group to analyse the issues and consider what actions are required - including potential for changes to the IPR Policy
Continue debate through SOS web forum but focus on requirements and solutions for an updated IPR regime
Discuss possible pilot case with new IPR regime
Outline steps to IPR reform
Consider addressing larger audience (e.g. GSC#11, 28 May – 2 June 2006 in Chicago)

8. Standards, Open Standards and Interoperability III
Next steps, continued
Standards, Open Standards
and Interoperability III
20-21 February, Sophia Antipolis

9. IPR issues at GA46, Nov. 2005 GA ad hoc group on IPR
The GA approved the creation of a "new" IPR group to investigate issues like:
the problem of certain IPR holders pushing the limits of FRAND beyond what the operators/users find reasonable to pay,
the question of how to limit the total amount of royalties in relation to a particular system/product.
Karsten Meinhold will chair the ad hoc group.

10. Status of ETSI ‘s
GA ad-hoc-group on IPR

11. Status before first meeting
Many ETSI members and other invited had a non official meeting on IPR matters, closely related to the ETSI group,
15/16 December 2005 in Vienna.
Invitation by T-Mobile
14 documents tabled, most in the meeting
Result:
Presentation of statements, mainly from operators; similar to statements in the GA
Lot of side talks in the breaks
First attempt to create mutual understanding

12. Status after first meeting
10./11. January 2006, Munich
103 participants:
ETSI members
plus e.g. OMA, GSMA, UMTS Forum, ATIS, CCSA, TTC
23 Documents tabled, most of them in the meeting
Results:
Active exchange of views started
Increased mutual understanding of positions
Constructive discussion on most important items
Inputs on different elements for possible solutions

13. SOME ELEMENTS FOR FURTHER STUDY
Identified:
FRAND
WG = Tim Frain, Nokia (rapporteur)
TRANSPARENCY (of essential patents)
WG = Fernando Soriano, Telefonica Moviles (rapporteur)
Transparency of licence terms (ex-ante / ex-post?)
WG = Tom Sanchez, RIM (rapporteur)
Essentiality
WG = Harald Wanjura, T-Mobile + Mark Klerer, Flarion (rapporteur)
Protection from trolling
WG = David O´Byrne, GSMA (rapporteur)
Enforcement ?
WG = dormant?

14. Next meetings of IPR ad-hoc group
22/23 February 2006
22/23 March 2006
24/25 April 2006
Other relevant meetings:
Next GA: 28/29. March 2006
SOS Interop III 20/21. February 2006