Status of IPR discussion in ETSI Karsten Meinhold Standards, Open Standards and Interoperability III 20-21 Februar 2006 Sophia Antipolis Status of IPR discussion in ETSI Karsten Meinhold

Review of Standards, Open Standards and Interoperability II 20-21 September 2005 Sophia Antipolis

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

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

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

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]

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)

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

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.

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

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

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

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?

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