1. GSC-8xxx SOURCE:TIA TITLE:IPR Working Group Report AGENDA ITEM:Closing Plenary Agenda Item 1.1 DECISION DISCUSSIONX INFORMATIONX 21/10/2015 Report on the IPR Working Group Meeting Dan Bart, TIA Chair GSC-8 IPR WG

2. 21 October 2015GSC-8, OTTAWA Background The GSC-8 IPR Working Group met on Wednesday April 30 from 1-5 pm About 20-25 Delegates participated from TIA, ETSI, T1, TSACC, TTC, ITU, IETF, ANSI, SCTE, IEEE, 3GPP2, 3GPP, ATMF, TTA, 3G3P, [ACIF?] Agenda (Document 115R1) was agreed Contributions from TIA, ETSI, TTC, ITU, ANSI, TSACC, and oral report from 3G3P

3. 21 October 2015GSC-8, OTTAWA Discussions IPR in standardization continues to be an active area, especially in the USA with FTC/DOJ hearings, much litigation (both private and FTC), and at least 2 U.S. Supreme Court cases possible, and some legislative and potential Department of Commerce activities affecting IPR related to standardization TIA, ETSI, and TTC reported on issues involving updates or clarifications and work in process related to their IPR Policies including involvement by the European Commission on ETSI IPR matters. The TSB Director reported on the status of the Ad Hoc group on IPR’s discussions/decisions, clarifications on Resolution 66, and the ITU-T’s copyright licensing and standards database access proposal presented at GTSC-1 (Document 016R1)

4. 21 October 2015GSC-8, OTTAWA Discussions 3G3P reported on progress of 3G3P to date IETF noted IPR issues and policies of IETF and W3C One resolution was proposed from TSACC IPR WG concluded time was well spent and recommends a half-day session at next GSC and reports on activities currently underway in the PSOs and in the industry in general

5. 21 October 2015GSC-8, OTTAWA Highlights of Issues in Work Clarification of grants of copyright license to SDO from contributors to standards work Concise statements in contribution templates which commit the contributor by “incorporation by reference” to the appropriate sections of the procedures instead of lengthy text on a contribution cover to simplify the Chair’s job in reviewing contributions and looking for deviations Creation of a general notice of participation responsibilities in SDO’s procedures, so that all participants and attendees are aware of the grant of copyright rights to the SDO in making a contribution

6. 21 October 2015GSC-8, OTTAWA Highlights of Issue in Work Clarification that Reasonable and Non- Discriminatory (RAND) commitment is assumed for all activities in standards process Clarification of Normative, Informative, Alternative and Optional elements definitions Clarification that Normative elements should only be contained in standards (Normative documents) and not in documents for information such as Telecommunications Systems Bulletin or technical reports (Informative documents). Need for copyright permission for third-party documents contributed to PSOs

7. 21 October 2015GSC-8, OTTAWA Issues in Work Clarification that early disclosure is encouraged but not required Clarification of consequences of not complying with IPR policy Clarification of terms contained in the patent holder statement and the life of the statement including at what point the statement becomes effective and when revisions to the statement are permitted For ANSI-accredited SDOs, parity with ANSI Patent Group recommendations and terms Harmonization with ITU Patent Policy and Copyright Policy for Software Source Code based on discussions of ITU TSB Director’s IPR Ad Hoc Group

8. 21 October 2015GSC-8, OTTAWA Issues In Work What is a contribution? Is every document submitted subject to grant of copyright to SDO? If not, which documents require a contribution cover? Clarification on whether or not the submitter of a liaison report from another external organization would need to submit the SDO’s required language on the contribution cover How to determine if the contributor has ability to bind the Source or author of the document Since contributions from governments may be public property, the government has no “copyright” to grant. Appropriate language to provide an exception for public domain or government material

9. 21 October 2015GSC-8, OTTAWA Issues in Work Definitions for Reciprocity Timely disclosure of essential IPRs IPR Information Statements and Licensing Declarations received after publication Challenges to declaration of essentiality How to handle RAND Information Geographical scope of Licensing Normative referencing Dispute resolution Non-disclosure agreements Members' compliance with the policy or undertaking Secretariat assistance in IPR matters Monitoring of volume of declarations to the PSO’s IPR Database

10. 21 October 2015GSC-8, OTTAWA Issues in Work Use of Trademarks in Standards, both Commercial trademarks of companies and those of the SDO itself (or other fora/consortia) Proper Usage of SDO’s trademarks Digital Rights Management technology initiatives to protect the rights of the copyright holder for standards WSIS and W3C initiatives related to IPR Monitoring fora/consortia considering only compensation-free or royalty-free technologies to be used in their standards

11. 21 October 2015GSC-8, OTTAWA Proposed Resolution Text for Proposed Resolution and soundbyte for Communique to be approved at the Closing Plenary