Geneva, October 9, 2012 Summary of GSC-16bis IPR WG Meeting Greg Ratta, ITU IPR WG Rapporteur Document No: GSC-16bis-IPR-12 Source: IPR WG Rapporteur Contact: Greg Ratta GSC Session: IPR Working Group Agenda Item: 6

Geneva, October 9, Meeting Overview Ten organizations presented contributions: –Members: ARIB, ATIS, ETSI, ITU, TIA, TTA, and TTC –Observer: ANSI, EPO, WIPO Additional Member in attendance: –ISACC Additional Observer in attendance: –USPTO Emphasis on sharing of current activities of the organizations Requested full half day (Wed pm or Thurs am) for WG at next GSC meeting Agreed to reactivate GSC IPR reflector

Geneva, October 9, 2012 ARIB Contribution ARIB structure Standardization topics within ARIB History of activities on IPR IPR policy revised in July 2012 IPR database recently launched Potential topics for study: –Irrevocability of Patent Declarations, transfer of IPR, Patent Families, Software Copyright Guidelines and Trademark Guidelines. 3

Geneva, October 9, 2012 ATIS Contribution ATIS IPR policy has not changed since GSC 16 report Provided update on U.S. governmental policy initiatives –Memorandum on government engagement in standards activities –Requests for comments concerning governmental use of voluntary industry standards Noted oneM2M IPR policy –IPR obligations vary base on level of participation 4

Geneva, October 9, 2012 ETSI Contribution Main characteristics of ETSI IPR Policy ETSI IPR Online database Software Copyright Guidelines Current topics under discussion in ETSI IPR Special Committee: –FRAND, reciprocity, injunctive relief, transfer of essential patents subject to a FRAND commitment Other Topics : TruePosition litigation case, ETSI’s position on providing information for foreign litigation, US NAS Study 5

Geneva, October 9, 2012 ITU Contribution Adoption of revised Software Copyright Guidelines Report of 2011 workshop on Standards and Intellectual Property Rights issues Preview of ITU Patent Roundtable 6

Geneva, October 9, 2012 TIA Contribution The TIA Standards & IPR Policy Committee (SIPC) –Develops and communicates TIA standards and IPR policy positions external to TIA –Increased focus on standards and IPR issues worldwide –Responding to or monitoring issues related to: What it means that standards incorporated by reference in regulations must be “reasonably available” to the public Other criteria for governmental use of voluntary consensus standards Recent competition regulators’ public statements on standard- essential patents and F/RAND commitments The TIA IPR Working Group (IPRWG) –Preparing a version of the TIA IPR policies separate from the Engineering Manual to ease use and revision 7

Geneva, October 9, 2012 TTA Contribution TTA standardization activities and IPR Policy Historical data about patent declarations Current topics under study: –Transfer of IPRs, S/W Copyrights, IP database maintenance, and referencing other standards (copyright issues) Korean Fair Trade Commission antitrust guidelines for standardization 8

Geneva, October 9, 2012 TTC Contribution Overview of TTC and its history of studying Industrial Property Rights issues in standards Activities since GSC15 –Further alignment of the Operation Procedures with the April 2012 version of the guidelines for the Common Patent Policy for ITU-T/ITU-R/ISO/IEC. Current topics under study: –Software Copyright Guidelines, Trademark Guidelines, and possible revisions to the Policy and the Operation Procedures due to complex IPR cases 9

Geneva, October 9, 2012 ANSI Contribution Incorporation of standards by reference in legislation, rulemakings, and other government action Developments relative to Standards Essential Patents Proposed revision to the guidelines for implementation of the Common Patent Policy for ITU-T/ITU-R/ ISO/IEC 10

Geneva, October 9, 2012 EPO Contribution EPO first to consider standards documents Increasing patent litigation for standards related essential patents concerns EPO and SDOs Patent rights should be a balance between protecting an applicant's investments and interests of society in the dissemination of technology-related knowledge EPO benefits from cooperation and agreements with SDOs – and vice versa 11

Geneva, October 9, 2012 WIPO Contribution Standing Committee on the Law of Patents (SCP) –Development of the international patent system PATENTSCOPE –Patent information portal IP and Competition WIPO Arbitration and Mediation Center 12