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 ITU Workshop on Standards and Intellectual Property Rights (IPR) Issues
 New Delhi, India, 19-20 December 2011 Contact: tsbworkshops@itu.int
Abstracts
ATIS: Asok Chatterjee

This presentation provides an overview of ATIS’ Intellectual Property Rights (IPR) policy and of the ATIS IPR ad hoc committee, which was created by ATIS’ Board to provide continuing input on IPR-related issues. The presentation also describes ATIS’ IPR-related public policy work and its responses to two recent U.S. government initiatives with potential impacts on the IPR policies of standards development organizations.
TTC: Yukio Hiramatsu

This presentation introduces history of TTC activities regarding “Industrial Property Rights” contained in TTC Standards and Technical Specifications which are normative documents, mainly focusing on those related to patents in Standards. It also introduces up-to-date status of the TTC activities on IPR-in-Standards and the relevant further study items.
ETSI: Dirk Weiler

• Short Description of ETSI, its set up and its scope of work.
• Description of the main characteristics of the ETSI IPR Policy:
- Long successful way of elaborating standards
- ETSI IPR Policy is key to the success of ETSI’s standards
- ETSI has by far the largest amount of declared IPRs with regard to its standards of any SDO worldwide.
- IPR related topics often came up in ETSI and were extensively discussed by all relevant stakeholders on a consensus based process - current ETSI IPR policy reflects the consensus reached to a large extent.
- ETSI has introduced a new patent database to increase transparency, both for the standardization system and for patent offices in order to improve patent quality.
- ETSI will introduce modifications in order to provide guidance on the handling of Software copyright issues.
• ETSI has got an IPR Special Committee providing advice and guidance to the Director-General, General Assembly, and ETSI Board with regard to IPR related issues when requested.
• ETSI provides comments to relevant requirements of governments on standards and the standardization system.
TIA: Hung Ling

The Telecommunications Industry Association (TIA) represents a large number of information and communications technology (ICT) companies and organizations in standards, government affairs, and market intelligence. TIA is and has been a standards-setting organization (SSO) since its inception in 1988, and is one of the largest SSOs accredited by ANSI. TIA's standards development activities have both a national and global reach and impact. TIA is one of the founding partners and also serves as Secretariat for 3GPP2 (a consortium of five SSOs in the U.S., Japan, Korea, and China with more than 65 member companies) which is engaged in drafting future-oriented wireless communications standards. TIA also is active in the formulation of United States positions on technical and policy issues, administering four International Secretariats and 16 U.S. Technical Advisory Groups (TAGs) to international technical standards committees at the International Electrotechnical Commission (IEC), and is the International Secretariat and US TAG Administrator for the International Organization for Standardization (ISO) Technical Committee (TC) 204 on Intelligent Transportation Systems.

The member companies and other stakeholders participating in the efforts of these committees and sub-groups have produced more than 3,000 standards and technical papers that are used by companies and governments to produce interoperable products around the world. TIA also has a Standards and Intellectual Property Policy Committee (SIPC) that is focused on, among others, policy issues related to the ICT standardization system on a global basis.
France Telecom: Serge Raes

Setting-up a Patent Pool may speed up market adoption of a standard and cope with aggregated royalties: benefits and drawbacks for Licensors and Licensees.
Ericsson: Dinesh Chand Sharma

This presentation covers open telecom standardization for interoperability between network elements and between competing vendors’ equipment. Concurrent research and consensus selection ensures that the best technologies are adopted into the standard specifications. At the same time, this process results in a joint ownership of the technology in question, which calls for sustainable licensing regimes.

In Ericsson’s view, FRAND implies there needs to be a balance between return on investment for those who invested in R&D to create the technology, and those who did not but wish to enter the market later.

Concluding, it also points to the market success of the 3GPP family of telecom standards as confirmation that FRAND works and serves market needs very well.
Alcatel-Lucent: Hung Ling

Software is a form of work output generated by scientists, engineers and increasingly, by hobbyists. There are usually a variety of ways to “express” software such that after executing the software, the same outcome may be achieved at the end, perhaps some more ingenious than others. Each particular form of such expression is protected by copyright, the extent of coverage may depend on the legal jurisdiction. In the Standards arena, it is therefore important to make that the incorporation of any software into a standard does not prohibit any implementers from exploring alternative ways to achieve the same outcome if they choose to.

Alcatel-Lucent has participated in discussions in the drafting of Software Copyright Guidelines in ITU, ANSI and ETSI. This presentation aims to supplement the detail collective discussions in these organizations being reported in the Software Copyright panel.
ETSI: Dirk Weiler

• General outset – in which form/ to which extent is Software generally part of ETSI Deliverables?
• ETSI has – within its IPR SC and other organs - extensively discussed the appropriate handling of software copyright issues in ETSI deliverables over a period of three years, resulting in modifications to the ETSI IPR policy and the ETSI Guide on IPRs in November 2011 .
• The Modifications provide in summary for the following:
- In general, Standards should provide a description of features from which competing and interoperable implementations can be developed and therefore there shall be no requirement to use software incorporated in an ETSI Standard or Technical Specification in order for an implementation to conform to this Standard or Technical Specification.
- The SW copyright license as detailed in the ETSI IPR Policy shall come “automatically” whenever copyright protected software is contributed “silently”, but the option exists at the contributor’s discretion at the time of contribution to give an irrevocable FRAND licensing undertaking instead.
• Overall, the basic principle of the ETSI IPR regime remains FRAND.
ANSI: Hung Ling

The American National Standards Institute (ANSI) serves as coordinator of the United States’s private sector-led and public sector-supported standardization system. The Institute oversees the creation, promulgation, and use of thousands of norms, guidelines, and conformance activities that directly impact businesses in nearly every industry. ANSI cooperates with government agencies at the federal, state, and local levels to achieve optimum compatibility between government laws and regulations and the voluntary standards of industry and commerce. In this role, ANSI coordinates a consensus-based, public-private partnership that seeks input and participation from a broad range of U.S. government agencies, industry sectors, standards developers, consumer groups and others. In addition, ANSI speaks as the U.S. voice in standardization forums around the globe. Through its network of members, the Institute represents the interests of more than 125,000 organizations and companies and 3.5 million professionals worldwide.

 

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