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09:30 — 09:50 |
Opening session:
Workshop Chair: Ms. Amy Marasco (Microsoft)
Objectives: This workshop is being convened
to provide a forum, hosted by the ITU, to discuss
current issues relating to the inclusion of patented
technology in standards and the patent policy
approaches to address those issues. International
experts from both the public and private sectors
from around the world will help provide an overview
of the issues and share their insights on present
and future developments.
Opening address: Mr. Malcolm Johnson (TSB
Director) |
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09:50 — 11:50 |
Session 1: Governments’ Perspectives on Standards
and IPR Policy Issues
Objectives: The public sector is becoming
increasingly involved in the discussion of issues
relating to the inclusion of patented technology in
standards. The experts in this session will provide
insight into government perspectives in their
particular region of the world, on both the issues
themselves as well as the role of governments in
helping to shape patent policy approaches that could
be adopted by standards-setting organizations.
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Coordinator: Mr. Serges Raes (France Telecom) |
Mr. Sean Gates (Morrison & Foerster): IPR
policies, US aantitrust enforcement agency
perspectives
Mr. Gates will provide an overview of U.S. antitrust enforcement agency matters involving IPR policies. The U.S. Federal Trade Commission has brought several enforcement actions against patent holders who have either mislead standard setting participants regarding IP rights or have repudiated a licensing commitment made in the context of a standard setting effort. In addition, the US Department of Justice Antitrust Division and the Federal Trade Commission have issued comments on the use ex ante licensing negotiations in the standard-setting context. We will discuss how the scope and requirements of the specific IPR policy affects the analysis.
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Ms. Qishan Zhao (Shanghai University): The Role of Government in Standards and IPR Policy Issues
There is always a bitter argument about the governments’ role in standards and IPR policy issues. The speaker analysis this problem from a neutral standpoint and points out that in the standards and IPR issues, there are three kinds of functions that the government can take.
Firstly, to give a direction and support to the SSOs to adopt reasonable IPR polices.
Secondly, to amend the Patent Law, Antitrust law as well as the Law Against Unfair Competition in order to give sufficient legal relief to the related disputes.
Lastly but not the least, to hold open forums enabling all the stakeholders have a thorough discussion on this issue and supporting the relative international symposium.
The speaker also introduces some Chinese government’s actions in the IPR and standardization issues and holds the opinion that because of the particular market situation as well as the special domestic standardization system, the task for the Chinese government in resolving relative problems may be different from the other governments.
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Mr. Yukio Hiramatsu (Osaka Institute of
Technology): Japan's perspectives |
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Mr. Victor Vazquez Lopez (WIPO), Ms. Tomoko Miyamoto (WIPO):
WIPO's perspectives |
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11:50 — 12:10 |
Coffee break |
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12:10 — 12:50 |
Session 2: PTO perspectives on Standards and IPR
Issues
Objectives: Government Patent Offices are
increasingly considering whether they should
formulate opinions on the interplay between
standards and patents. They also are exploring the
possibility of developing possible interfaces with
standards-setting organizations. For example, at the
12th meeting of the Global Standards Collaboration (GSC),
the participating standards organizations passed a
resolution encouraging them “to cooperate with the
relevant Patent and Trademark Offices to provide
access to technical information for use by such
Agencies that should help them improve the quality
of patents being granted.” The experts in this
session will provide insight into government
perspectives in their particular region of the
world.
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Coordinator: Mr. Kishik Park (Electronics and
Telecommunications Research Institute (ETRI) |
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Mr. Michel Goudelis (European Patent Office (EPO)): How to improve the Interface between standard setting organizations and patent examining authorities |
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Mr. Konstantinos Karachalios (European Patent Office (EPO)): Whose Game? The battles around global standards through the lens of EPO's scenarios |
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12:50 — 14:00 |
Lunch |
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14:00 — 16:40 |
Session 3: Standards-setting bodies’ Perspectives
on Standards and IPR Issues
Objectives: Standards-setting organizations
are important fora where debates over patent
policies are taking place. These organizations and
their stakeholders often deliberate whether certain
proposals to revise their operative patent policy
will – or will not - improve the standards-setting
process and make it more effective or efficient.
These debates frequently bring into question the
extent to which standards-setting bodies are
appropriate venues to address patent and patent
licensing issues in greater detail. Another related
issue is the possible impact on the
standards-setting process and incentives for
stakeholders to both participate in that process and
have their innovative technology included in the
standard. The experts in this session from
standard-setting bodies in different regions of the
world will provide insight into the debates that
have taken place under their auspices and some of
the conclusions reached.
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Coordinator: Mr. Keith Chu (Teridian) |
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Mr. Michael Fröhlich (ETSI) |
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Mr. Paul Vishny (Telecommunications
Industry Association (TIA, USA)) |
Steven M. Mills (Senior Architect, Hewlett-Packard Company, USA)
In December 2006 the IEEE Standards Association’s Board of Governors approved a new Patent Policy, which included several enhancements to the basic RAND based policies typical of many standards developing organizations. This presentation will give an overview of the enhancements reflected in the new policy.
Offering an IEEE-SA insider’s perspective, the presentation will cover: process considerations that helped to motivate the revision, the objectives set forth at the beginning of the effort, and how the objectives are addressed in the policy. The discussion will then offer some observations after the first year of implementation and wrap up with a discussion of points to consider when looking at an IPR policy revision.
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Mr. Yukio Hiramatsu
(Telecommunication Technology Committee (TTC,
Japan)) |
Ms. Boo-Mi Kang (Telecommunications Technology Association of Korea (TTA)): TTA’s IPR Policy (presented by
Mr. Jongbong Park)
TTA(Telecommunications Technology Association) is a non-governmental ICT standards organization of Republic of Korea. In TTA, there are 216 members and 6,883 standards. IPR Policy of TTA is similar as that of the other SDOs. This presentation will introduce the TTA IPR Policy and the information of patent confirmation which is the same of the patent declaration of ITU.
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Mr. Antoine Dore (ITU) |
Mr. Jose Checa (International
Organization for Standardization (ISO)
The presentation will mainly discuss the impact of patents in the ICT standardization work undertaken by ISO and IEC technical committees. It will also compare the Common Patent Policy for IEC, ISO and ITU with ISO/IEC's former policy.
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16:40 — 17:00 |
Coffee break |
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17:00 — 18:00 |
Wrap-up, Conclusion
Objectives: The focus on this session will be
to discuss key insights developed during the
workshop. Representatives from each of the sessions
will present their views and highlight key
‘take-aways’ for the ITU and workshop participants
to consider in connection with future discussions of
these issues. |
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18:00 |
Closing |
