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ITU Workshop on Standards and Intellectual Property Rights (IPR) Issues

ITU Workshop on Standards and Intellectual Property Rights (IPR) Issues. How Many Standards in a Laptop (and Other Empirical Questions). Brad Biddle Arizona State University Sandra Day O’Connor College of Law brad.biddle@asu.edu. About the Authors. Brad Biddle

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ITU Workshop on Standards and Intellectual Property Rights (IPR) Issues

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  1. ITU Workshop on Standards and Intellectual Property Rights (IPR) Issues How Many Standards in a Laptop (and Other Empirical Questions) Brad Biddle Arizona State University Sandra Day O’Connor College of Law brad.biddle@asu.edu

  2. About the Authors • Brad Biddle • Adjunct Professor and Research Fellow, ASU Law • Standards Counsel, Intel Corporation • Andrew White and Sean Woods • Students at ASU Law • Paper and related comments reflect only our personal views

  3. How Many Standards in a Laptop? • 5? 50? 500?

  4. Memory Display Graphics Wireless Sound Power Input/Output (I/O) Security Processor Content Protection Software Networking Counted Interoperability Standards in Various Technical Areas (We know we missed some key areas)

  5. Performance Accessibility Design Process Manufacturing Process Quality Safety Environmental Measurement Electromagnetic compatibility Excluded Other Kinds of Standards

  6. “Standards” • Technical specifications produced and made available for 3rd party adoption by: • 1. Formal SDOs • 2. Consortia • 3. Individual companies • Not popular/dominant proprietary technologies

  7. SSO Framework Standards Setting Organizations (SSOs) COMPANY Spec licensing programs Consortia (or Fora or “SIGs”) Formal standards development orgs (SDOs) Lightweight contractual SIGs, spec dev only Complex nonprofit orgs w/ spec dev, C&I and marketing programs Small accredited SDOs ISO, IEC, ITU

  8. How Many Standards in a Laptop? • At least 251 – and probably closer to 500

  9. Two Additional Questions • Who made these standards? • SDO, Consortia or Company? • What intellectual property rules govern these standards? • [Fair,] Reasonable and Non-Discriminatory (RAND) license commitment • Royalty-Free (RF) (RAND-Z, RAND-Zero, RF-RAND, non-assert, etc…) • Patent Pool

  10. Who made these standards? 49 112 90 • Only about 1/3rd produced by formal SDO

  11. What IPR Rules Govern? • Allocated into four “buckets” • Caution: masks significant complexity UNKNOWN (54) RAND (148) RF (43) POOL (6)

  12. IPR Rules, Con’t • 3/4th RAND, very few Pools

  13. Key Observations • ~500 interoperability standards in a laptop! • Importance of Consortia, Company specs • Historical dominance of RAND

  14. Other academic activity: • Annual standards symposiums at ASU • 2010: Consortia structure, SDO adoption of consortia specs, ethical duties of participants, patent pools, disclosure • 2011: Standards development processes/methodology, cooperation between SSOs, government policy, academic works-in-progress • Forthcoming paper re 2010 topics

  15. Questions/Discussion Contact: brad.biddle@asu.edu - http://biddle.us

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