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

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

3. 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

4. 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

5. 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

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

7. 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

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

9. 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

10. 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

11. The LOGO and trademark is owned by CCSA
Obligation of confidentiality

12. 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

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

14. 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

15. 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

16. 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