CCSA Views On IPR Policy Mengbin Wen IPR Dept.of HUAWEI

Topics About CCSA CCSA views on IPR policy at present Opinions On RAND and Open Standards

About CCSA "China Communications Standards Association" ,Founded in 2002 A non-profit organization carrying out technical standardization on communications in China Consisting of any enterprises and organizations

About CCSA Activities To promulgate the state laws, regulations and policies on standardization To carry out research and survey activities of communications standardization system, To promote the implementation of communications standards To organize national and international communications technical seminars

IPR Mission of CCSA Developing the IPR policy and principle during the course of standards establishment Annunciate the IPR information related to the standards Establish and manage the IPR information database Undertake the IPR activities with the other SDOs

Topics About CCSA Principles of CCSA IPR policy at present Opinions On RAND and Open Standards

The relationship between IPR and standards IPR is the capitalization of knowledge value Standard is the standardization of technical fruit There is a relationship between IPR and standards when a patent is integrated with the standards (of course, the introduction is strictly limited ) IPR and standards are both necessary to encourage the innovation

The precondition of integration Reasonability in technology None substitutable non-patent technology Patentee agree to license in RAND terms & conditions

The influence of integration Promote the innovation while influent the promulgation of standards Respect the legal right of patentee while maybe cause monopoly The strong measures of non-tariff wall while becoming TBT The key is to find the balance between open standards and IPR

Principles of CCSA IPR management Encouraging technology innovation Permission of introducing the patent to standards accord with the precondition Non-obligation to identify the potential patent, not intervening the license activity Disclosure the patent as early as possible

The LOGO and trademark is owned by CCSA Obligation of confidentiality

CCSA patent database CCSA patent database: Receiving the related patent information during the course of standardization activities Collect the patent statement to CCSA Provide the convenience to members to get the patent information from the patentee

Topics About CCSA Principles of CCSA IPR policy at present Opinions On RAND and Open Standards

CCSA Views on RAND The problems of RAND Too much flexible place to interpret RAND principle Difficulty to reach consensus between patent holders and applicants Need more measures to encourage concerned parties to disclose the patent information No other remediational measures to resolve these problems

HUAWEI Views on open standards HUAWEI have noticed the debates about the meaning of “open standards” The “open” about standards process It’s really necessary to get to the aim of interoperability But it is more difficult to establish the standards HUAWEI agree on providing opportunity for all stake-holders to participate

HUAWEI views on open standards About availability We agree “its free on the web” About IPRs “Open” doesn’t mean “all IPRs Royalty-Free” It is necessary to modify the classic IPR policy to resolve the difficulties arising from issue