Summary of GSC-15 IPR WG Meeting Alan Fan Zhiyong IPR WG Chair DOCUMENT #:GSC15-CL-05 FOR:Presentation SOURCE:Alan Fan Zhiyong, IPR WG Chairperson AGENDA ITEM: CONTACT(S):Alan Fan Zhiyong

 7 SDOs presented Contributions, primarily on sharing new information ETSI ITU TIA ANSI CCSA TTC EPO  3 Existing Resolutions Res 22: IPR Policies Res 23: Collaboration with PTOs Res 24: Open standards Meeting Overview

 “DARE” Project: Restructuring of the ETSI IPR data base Targeting at Increasing IPR Transparency Going Live in Q  ETSI’s Guide on Software copyright ETSI: Activities & Developments

 Revision of the Patent Guidelines in March 2011 Definition of Patent and the concept of essentiality Issue of transfer/assignment of patent rights A full review of the Software Copyright Guidelines Potential Competition issues in the conduct of Study Group meetings ITU: IPR issues and ITUs standardization activities

Number of Patent Declaration Statements received (ITU-T) 5 Note: data refer to ITU-T

 2010 Don Purcell Survey on Priorities for Standards Education  TIA comments in response to Committee on Science and Technology, U.S. House of Representatives) inquiry  Proposed European Interoperability Framework (EIF v.2)  TIA comments on the EC White Paper “The Way Forward” outlining recommendations relating to the European legal framework for standardization  British Standards Institute (BSI) draft PAS 98 (standard for standards bodies)  TIA comments on proposed SAC rules relating to the inclusion of patented technology in Chinese national standards  TIA discussion of proposed Government of India Policy on “Open Standards” TIA: Activities Since GSC-14

 Added language on the US Government’s role in standards  ANSI contributions to: CNIS’s proposed Guide for the Implementation of the Inclusion of Patents in National Standards OECD Working Party on Competition and Regulation Roundtable Discussion on Standard Setting European Commission for public review on proposed revised rules for the assessment of horizontal cooperation agreements under EU competition law ANSI GSC-15 Contribution

 National, Industrial, and SDO’s policies and regulations should conforms to both international rules and Chinese characteristics.  Understanding the pros and cons of patents involved in standards and to balance the interests of patents holders and standards users  Patent matters should be dealt in routine standardization procedures  Education on patent/Standard matters is needed by local businesses. CCSA: Positions

 TTC pointed out two potentially harmful issues for the IPR WG’s attention: Patent Disclosure is usually only desired but not mandatory Transfer/assignment of Patent Rights TTC: Issues to be discussed

 Policy: EPO sees gaps in SDO’s policies that can be improved EPO agrees the system is generally working well  Practice: Patent Office to Use of Standard Documents in Patent Examination SDOs is encouraged to cooperated with PTOs: Initiated Cooperation with ETSI, IEEE and ITU EPO: SDO and PTO Cooperation

 Played an active role in lobbying government policies and regulations  Refining of SDO’s IPR policies: Software Copyright, Competition issues, Assignments of patent rights, etc. more issues under discussion  Increasing effort to improve Database and IT Cooperation Summary of Activities

 All Three Existing Resolutions re-affirmed by all members without any change Res 22: IPR Policies Res 23: Collaboration with PTOs Res 24: Open standards Resolutions

 IPR WG found the meeting informative and useful  Expects Similar Setting as in next GSC Meeting  10 minutes for each speaker with extra QA time  Overall time depending on number of contributions  Dedicated time frame if preferred Suggestion to Next GSC IPR WG Meeting

Thank You!