ITU Workshop on Standards and Intellectual Property Rights (IPR) issues IPR in ICT standards View

1
ITU Workshop on Standards and Intellectual
Property Rights(IPR) issues IPR in ICT
standards Views of the European Commission
Anne Lehouck New Delhi, India, 19-20 December
2011
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Europe 2020 strategy

• Innovation union Research dynamic
  standardisation system
• Industrial policy Competitiveness
  standardisation system responsive to changining
  world
• Digital agenda interoperability and
  e-services via global standards with adequate
  IPR treatment

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Standards patents/IPR apparent conflict?

• Patents protect indivitual rights
• Standards knwoledge distribution
• Innovation patent protection and ways to
  validate patents in Europe
• Interoperabilitystandards but patent free or
  royalty free? /

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Key concepts European standardisation policy

• Support Innovation and competitiveness
• response to societal expectations
• Support public interest demand
• but
• Adhere to competition rules
• Open and Transparent processes

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IPR concerns in ICT standardisation

• Fast evolving technologies and increasing
  complextity of ICT applications,increasing need
  for interoperability, increasing need for
  standards
• Patents can be used in standards but balance
  rights patent owners and patent users FRAND

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IPR concerns in ICT standardisation

• Increasing number of patents
• Emergence of new business models Open source
  solutions
• Long ,cumbersome negotiations between licensees
  and licensors high costs
• Increasing number of complaints about IPR abuse
• Public authorities to take action?
• To legislate?

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Competition policy rules

• 1957 treaties of Rome
• Prohibit anti- competitive agreements and abuse
  of dominant position ( art 81 and 82 EC treaty )
• December 2009 Lisbon treaty enters into force.
  Art 81 and 82 EC become art 101 and 102 of the
  Treaty on the Functioning of the European Union
  (TFEU)

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Competition rules- horizontal co-operation
agreements

• New rules adopted 14 December 2010 the
  standardisation chapter sets out the   safe
  harbour  criteria
• Recognises the benefits of standardisation as
  tool to support in novation and competitiveness
• Open, transparent and voluntary standards setting
  and accessible standards

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Competition rules- horizontal co-operation
agreements

• If IPR involved, clear and binding IPR policy
• FRAND committement (includes RF)
• In case of royalties, disclosure obligation in
  the SDOs IPR policy
• Guidance on ex ante disclosure of most
  restrictive licensing terms

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European ICT standardisation policy

• proposed regulatory package com(2011)311 and 315
• Increasing need for standards to respond to
  interoperability expectations
• Recognition of fora and consortia
  specifications under specific conditions for
  referencing in public policies and public
  procurment

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European ICT standardisation policy

• Compliance with competition rules via  
  attributes   
• IPR policy FRAND including RF
• Compliance with competition rules via  
  attributes   

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Attributes

• Annexe II of proposed regulation
• Specifications have market acceptance
• Developped by a non profit making organisation,
  not a formal standardisation organisation, on a
  voluntary basis
• Openess,
• Consensus
• Transparency Maintenance
• Availibility
• IPR essential to implementation are FRAND
  including RF
• Relevance
• Neutrality and stability
• Quality

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ICT standardisation platform

• Expert group set up by Commissions decision (COM
  215 (2011)
• Members representatives of Member States ,
  standards setting organisations, industry and
  societal stakeholders (67)
• Chair and secretariat commission services DG
  ENTR and DG INFSO
• Scope monitoring ICT standardisation policy
• Advice on evaluation and selection of ICT
  specification
• First meeting March 2012

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Actions on IPR /ICT standards

• To further increase transprency and
  predictability
• 2010 Common EPO/Commission workshop
  problems? Patent related issues- cooperation SDO
  and Patent offices ex ante declaration of max
  licensing rights continuity of licensing
  committements next business models such as OSS
• 2011 Workshop ex ante ex ante disclosure of
  rights is obligatory Ex ante declaration of max
  licensing conditions optional
• 2011 Common EPO / Commission conference
• Role of public authorities when referencing
  standards in policies otr public procurment

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2012 actions

• Common EPO/ Commission workshop Can patent
  pools increase transparency and predictability ?
• FRAND and other business models
• End 2012 evaluation by Commission services

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• Thank you very much for your attention
• Anne Lehouck
• DG Enterprise D3
• anne.lehouck_at_ec.europa.eu