1. Summary of GSC-13 IPR WG Meeting
DOCUMENT #:
GSC13-CL-05
FOR:
Presentation
SOURCE:
Tom Goode, IPR WG Chair
AGENDA ITEM:
3.4
CONTACT(S):
Tom Goode
Summary of GSC-13 IPR WG Meeting
Tom Goode, ATIS IPR WG Chair
Submission Date: July 17, 2008

2. Meeting Overview 41 attendees
24 input documents (including revisions):
Report from GSC-12 IPR WG
Changes or items being considered in PSO IPR policies and updates since GSC-12
Update on ITU, ISO and IEC IPR policies
Recent activities by the U.S. Federal Trade Commission
IPR policies and current issues of organizations external to GSC
Practical implementation issues under existing policies
Considerations for developing or revising PSO IPR policies
European Patent Office update
Other business (three resolutions)

3. Changes or Items Under Consideration in PSO IPR Policies
Contributions from ATIS, ETSI, TIA:
The ATIS IPR Policy Review Task Force continues to examine possible changes to the ATIS IPR Policy; a voluntary patent disclosure and assurance form has been adopted; other issues under consideration include whether to make patent assurances irrevocable and to address assurance obligations when patents are transferred (GSC13-IPR-08, GSC13-IPR-08a1)
The ETSI IPR Special Committee (SC) is recommending changes to its policies to address disclosure and FRAND licensing declarations with regard to patent families and to add clarifying language regarding the irrevocability of FRAND licensing declarations; the IPR SC is also recommending the adoption of documentation rules to facilitate the work of patent and trademark offices; other issues under examination by the IPR SC include whether to make use of its licensing declaration forms mandatory, and how to address assignments of patents for which FRAND licensing assurances have been made (GSC13-IPR-12r1)

4. Changes or Items Under Consideration in PSO IPR Policies
TIA’s IPR Standing Committee (SC), which has responsibility to review and maintain TIA’s IPR Policy and associated Guidelines Document, continues to examine IPR issues, including the risks associated with the discussion of negotiation of license terms within the SDO and the importance of Open Standards; the SC has also examined copyright issues, including the assertion of copyright thy the US government under laws other than U.S. (GSC13-IPR-13, 13a1, 13a2, 13a3)

5. ITU, ISO, and IEC Patent, Trademark and Copyright Policies
Participants received an update on TSB Director’s IPR Ad Hoc Group (GSC13-IPR-07)
On-going discussions within the ad hoc have focused on what types of changes are permitted (or are requested) to previously submitted patent declarations, how to address patent scans voluntarily done among parties outside of the ITU, support for the concept that licensing commitments should remain effective after the transfer of the patent rights, and possible elaboration on the existing definition of “essential patent”
A Web-based ITU-T IPR information database and application has been created to facilitate the work of the standards developers and to assist companies wishing to implement international standards/recommendations that include patented technologies

6. US Federal Trade Commission: Update on Recent Decisions
The US Federal Trade Commission reported on a number of recent decisions with implications for standards development (GSC13-IPR-15) and also:
Noted the FTC’s support for the development of standards and concerns over possible patent “hold up” scenarios
Noted that patent deception may violate US antitrust laws
Expressed personal view that prior licensing commitments do encumber transferees

7. Considerations for Developing or Revising SDO IPR Policies
TIA presented on the effectiveness of traditional RAND/FRAND-based IPR policies, the various factors to consider when reviewing an “ex ante” proposal, the debate around “open standards,” and the impact of business models on the related debates (GSC13-IPR-14r1)

8. European Patent Office Update
The European Patent Office provided a report (GSC13-IPR-09r1) on its efforts to improve the interface between SDOs and patent and trademark offices
Encouraged SDOs to cooperate with relevant patent and trademark offices to provide access to non-confidential technical information
Noted suggestion from ITU IPR ad hoc group regarding minimum standards documentation, including publication date and working group

9. Other Discussion
IPR Policies and Issues of Organizations External to GSC
The American National Standards Institute (ANSI) provided a report (GSC13-IPR-10) for information on the ANSI IPR Policy Committee, recent FTC, Department of Justice activities and court decisions
Experience of Practical Implementation Issues under Existing Policies
GSC13-PLEN-21, Patent Policies for IPTV Revitalization, was referred to the IPR WG by the GSC Plenary. No action was taken on GSC13-PLEN-21 at the IPR WG.

10. Summary
There was discussion on a range of topics, including policy revisions that have been or are under consideration by ETSI, TIA and ATIS
IPR WG to meet during GSC-14
WG recommends similar time allocation and schedule
Three Resolutions (2 reaffirmed; 1 revised)
The group recommended reaffirmation of resolutions concerning Open Standards (GSC13-IPR-04), and Cooperation with Patent and Trademark Offices (GSC13-IPR-06).
The group reviewed text contained in GSC13-IPR-11r1.  Following review, the revisions submitted by TIA were approved by the IPR WG as the Resolution to be submitted to the Closing Plenary for GSC approval.

11. Proposed GSC-13 Resolutions
Separate files
GSC13-22, Intellectual Property Rights Policies (revised)
GSC13-23, Cooperation with Patent and Trademark Offices (reaffirmed)
GSC13-24, Open Standards (reaffirmed)

12. Thank you. Tom Goode, ATIS