Update on TIA IPR Standing Committee Activities Since GSC-13

1. Global Standards Collaboration (GSC) 14 "Update on Activities of the TIA IPR Standing Committee since GSC-13" Amy Marasco TIA Delegation

2. Overview • This presentation will focus on the issues being considered and addressed within the TIA IPR Standing Committee (TIA IPR SC) • Committee has responsibility to review and maintain TIA’s IPR Policy and associated Guidelines Document, which are available on TIA’s Web site www.tiaonline.org • Focus will be on activities of that group since GSC-13 in Boston (July 2008) • Committee has met four times since GSC-13 • September 2008, October 2008, January 2009, and May 2009

3. TIA IPR SC Topics of Discussion • How TIA maintains Web-based forms to be consistent with written forms as contained in the Policy • How TIA determines whether form (such as LoA) is submitted by someone with authority • Web-based form is effective and valid only when an original or scanned copy (e.g., PDF, fax or the manually signed original) is received by TIA. • Guidelines will be revised to reflect that any form of signature recognized as legally binding under applicable law will suffice • Disclaimer language being drafted to reinforce current policy that TIA’s role is not to validate patents, assess validity of claims, or adjudicate disputes

4. TIA IPR SC Topics of Discussion • What can be attached to patent holder statement? • General consensus that TIA does not prohibit attachments to the licensing commitment or LoA form, as long as the additional information is not deemed to interpret or modify the licensing commitment reflected in the form • General consensus that TIA will accept such attachment as submitted, but it will not review or take any position on its content

5. TIA IPR SC Topics of Discussion • Transferability/irrevocability of licensing commitments • Paralleled the ITU discussion • The “ex ante” debate • TIA policy has a permissive practice of voluntary ex ante disclosure • No group discussion of licensing terms permitted at TIA

6. TIA IPR SC Topics of Discussion • Whether to have the entire TIA patent policy as consolidated document and attachment to the Engineering Manual  • Many participants noted that the current policy is piecemeal throughout the entire TIA Engineering Manual • A consolidated document would be easier to understand and more convenient for those who are seeking to find the TIA IPR policy • The IPR SC agreed in principle that having a stand-alone patent policy would be an idea worth pursuing • Creation of a stand-alone policy based on current text in Engineering Manual in progress

7. Activities of TIA IPR SC • TIAPosition Paper Released on “Open Standards” • The direct link is as follows: http://www.tiaonline.org/standards/about/documents/TIA-IPR_20080620-003_TIA_OPEN_STANDARDS-CLEAN_R4.pdf • Paper describes the voluntary, open and consensus-based standardization process • Addresses attempts to re-define what constitutes an “Open Standard” and explains the differences between Open Source Software and Open Standards

8. Activities of TIA IPR SC • European Commission “IPR in Standardization” Workshop Held 19 November 2008 • Organized by DG Enterprise • Held as part of the EC ICT standardization policy review • Intent was to discuss issues related to the inclusion of patented technologies in ICT standards and specifications • All presentations and public comment received on the topic posted at: http://ec.europa.eu/enterprise/ict/policy/standards/ws08ipr_en.htm • TIA provided written comments to the EC (as did ANSI) http://ec.europa.eu/enterprise/ict/policy/standards/ws08ipr/contributions/20081106TIA_en.pdf

9. Activities of TIA IPR SC • Response to call for comments from the U.S. Office of Management and Budget (OMB) • Director of the OMB issued a public notice inviting comments on principles and procedures for U.S. Federal agencies • OMB Circular A-119 (Revised) is entitled "Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities“

10. OMB Circular A-119 • Directs government agencies, except in certain cases, to rely on voluntary consensus standards: • “For purposes of this policy, ‘voluntary consensus standards’ are standards developed or adopted by voluntary consensus standards bodies, both domestic and international. These standards include provisions requiring that owners of relevant intellectual property have agreed to make that intellectual property available on a non-discriminatory, royalty-free or reasonable royalty basis to all interested parties….” • According to the Circular, a “voluntary consensus standards body” is defined by the following attributes: • Openness • Balance of interest • Due Process • An appeals process • Consensus

11. Activities of TIA IPR SC • OMB request for public comments • TIA, as the American National Standards Institute’s (ANSI) fourth-largest accredited standards development organization, measured by number of ANSs, expressed support for the continued use of OMB Circular A-119 and government use of “voluntary consensus standards” as defined therein. • All comments received by the OMB are posted at:http://www.reginfo.gov/public/jsp/EO/fedRegReview/publicComments.jsp • TIA comments are #54 • TIA submitted Comments supportive of ANSI’s Comments in response to the Center for Global Standards Analysis’s National Survey on U.S. Standards Policies • Www.ansi.org/news_publications/news_story.aspx?menuid=7&articleid=2206

12. Recommendations: • TIA recommends that GSC-14 reaffirm all three of the Resolutions developed by the GSC IPRWG • GSC-14/22 Intellectual Property Rights Policies • GSC-14/23 Cooperation with Patent and Trademark Offices • GSC-14/24 Open Standards