Geneva, Switzerland, 25 October 2013
Ladies and Gentlemen:
We are now at the close of this accelerated round of meetings of the IPR AHG that was aimed at finding a solution to some of the RAND encumbered SEP-related problems that were identified at the Round Table, in particular:
- The availability of injunctive relief, and
- The meaning of reasonable
I am very grateful to all of you who have put in a great effort over the year to address these two issues, in particular our Rapporteurs Amy Marasco, and Hung Ling and especially the Chairman Serge Raes. Serge has done a wonderful job of handling this very difficult meeting in a calm, fair and impartial manner, and put in all his energy to attempt to find a recommendation from the group which is equally acceptable to all sides. Congratulations Serge.
We have considered many documents and many heard arguments, concerns and positions from highly competent experts from ITU’s membership. Many of you have travelled great distances to be here and it is much appreciated.
I am very grateful to all of you for your commitment in attempting to improve our patent policies to better meet the demands of today’s ICT industry.
RAND commitments play a crucial role in the development of the ICT industry and fostering an environment where innovation can flourish, and encouraging participation in the standardization process in ITU.
Emerging from a year’s negotiations it is disappointing that we have not achieved consensus, but I understand we are dealing with very critical issues for the industry. However I believe all parties have benefited from participating in this process, listening to all the concerns and arguments, and as a result at least now have a better understanding of others’ views.
I myself have greatly benefited from sitting through this meeting, listening to the argument, as well as having learned in private the views of some participants who have not expressed their views in the meeting.
I will reflect on this week’s discussions, and on the various proposals, and the valuable advice of the regulators.
As I said at the start of the meeting, I will consult my ITU colleagues on the outcome of this round of meetings, especially the Secretary-General and the Director of the Radio Bureau, as well as ISO and IEC, and will consider what if anything to recommend to the TSAG meeting in July next year.