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 (tgoode@atis.org) Summary of GSC-13 IPR WG Meeting Tom Goode, ATIS IPR WG Chair Submission Date: July 17, 2008

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)

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)

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)

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

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

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)

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

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.

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.

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)

Thank you. Tom Goode, ATIS