1. Fostering worldwide interoperabilityGeneva, 13-16 July 2009 Summary of GSC-14 IPR WG Meeting Antoine Dore, ITU IPR WG Chair Global Standards Collaboration (GSC) 14 DOCUMENT #:GSC14-CL-005 FOR:Presentation SOURCE:Antoine Dore, IPR WG Chairperson AGENDA ITEM:3.4 CONTACT(S):Antoine Dore (antoine.dore@itu.int)

2. Fostering worldwide interoperability 2 Geneva, 13-16 July 2009 Meeting Overview 44 attendees 11 input documents: Report from GSC-13 IPR WG Review of progress since GSC-13  TTC (Document 7)  ETSI (Document 8)  TIA (Document 4) ATIS (Document 9) Update on IPR issues in the regions  ANSI (Documents 2, 3) IEEE (Document 12) Considerations for developing PSO IPR Policies  CCSA (Document 6)  TIA (Document 5) Collaboration with Patent Offices  EPO (Document 11) Past Resolutions  Res 22 (IPR Policies);  Res. 23 (Collaboration with PTOs)  Res 24 (Open standards)

3. Fostering worldwide interoperability 3 Geneva, 13-16 July 2009 Review of Progress since GSC-13 TTC TTC IPR Committee members met, inter alia, to study current trends in IPR issues in the US TTC continues to disseminate information to its membership through yearly seminars (topic in 2009 “License of Right”) Current study items of TTC’s IPR Committee include: possible introduction of Software Copyright Guidelines and trademark guidelines complex IPR cases License of Right

4. Fostering worldwide interoperability 4 Geneva, 13-16 July 2009 Review of Progress since GSC-13 TIA TIA IPR Standing Committee met four times since GSC-13 Issues examined by the IPR Standing Committee included (among others): Consistency of web-based and written forms Authority to submit a form Transfer of licensing commitments Need to consolidate TIA’s IPR policy in a single document Guidelines will be revised to reinforce that, under the current policy, TIA’s role is not to validate patents, evaluate claims or adjudicate disputes TIA’s position on Open Standards was expressed

5. Fostering worldwide interoperability 5 Geneva, 13-16 July 2009 Review of Progress since GSC-13 ETSI Recent modifications to ETSI IPR policy Patent Family Irrevocability of FRAND licensing undertaking Transfer of Ownership DAtabase REstructuring (DARE) project Software Copyright Guide under development Collaboration with EPO

6. Fostering worldwide interoperability 6 Geneva, 13-16 July 2009 Review of Progress since GSC-13 ATIS ATIS IPR Policy Review Task Force responsible for monitoring ATIS’ IPR policy Task Force has met on 9 occasions since GSC-13 No specific problems with ATIS’ IPR Policy have been identified by the “Task Force” Work items on the “Task Force” agenda include: issue of irrevocability of licensing commitments potential creation of alternative policies for a specific committee mandatory licensing

7. Fostering worldwide interoperability 7 Geneva, 13-16 July 2009 IPR Issues in the regions ANSI Two contributions, including one comprehensive paper addressing the following areas: ANSI’s role in the U.S. voluntary consensus standardization system and its activities in the area of intellectual property rights; ANSI’s current views on issues relating to the inclusion of patents, copyrighted software or trademarks in standards; and Review of recent actions by the U.S. Federal Trade Commission (“FTC”) and the U.S. Department of Justice (“DOJ”).

8. Fostering worldwide interoperability 8 Geneva, 13-16 July 2009 IPR Issues in the regions IEEE Highlights of IEEE-SA Patent Policy Patent pool initiative in collaboration with VIA Licensing

9. Fostering worldwide interoperability 9 Geneva, 13-16 July 2009 Considerations for developing PSO IPR Policies CCSA Recognized that existing IPR policies have produced positive effects Suggested that the concept of FRAND be clarified, as follows: Royalty rate should be based on the value of module, which indicates the substantive contribution of a standardized technology Royalty for one patented invention can only be charged at one link, rather than two or more links, in the industrial chain.

10. Fostering worldwide interoperability 10 Geneva, 13-16 July 2009 Considerations for developing or revising PSO IPR policies TIA On-going debate around “ex ante” On-going debate around “Open Standards” Current robustness of the standards system Does a licensing commitment made to an SSO transfer to a new owner of the patent in question if the patent is transferred? Should participants undertake a “voluntary patent search” and share the results with the technical committee? Need for clarity and precision in IPR policies, does the “practice” follow the “policy”?

11. Fostering worldwide interoperability 11 Geneva, 13-16 July 2009 Collaboration with Patent Offices EPO Highlighted the need to increase collaboration between Patent Offices and SDOs, in particular with regard to access to documentation Advocated in favour of increased transparency (e.g. up-to-date databases)

12. Fostering worldwide interoperability 12 Geneva, 13-16 July 2009 Conclusions IPR WG should meet during GSC-15 WG recommends similar time allocation and schedule Three Resolutions reaffirmed GSC14-IPR-022 GSC14-IPR-023 GSC14-IPR-024

13. Fostering worldwide interoperabilityGeneva, 13-16 July 2009 Thank you. Antoine Dore, ITU