The World Intellectual Property Rights Organization Standing Committee on the Law of Patents (SCP) will discuss a paper on patents and standards at their next meeting in Geneva March 23 - 27. On behalf of the Institute for Trade Standards and Sustainable Development (ITSSD), GTW President Willingmyre solicits advice and comments on the paper on patents and standards for consideration in preparing ITSSD comments to WIPO as an NGO accredited by WIPO. ITSSD previously commented upon the 2008 Report on the International Standards System.
According to the opinion of Sean Gates of Morrison Foerster, The Federal Circuit’s decision last year in Qualcomm Inc. v. Broadcom Corp is an important case involving the intersection of intellectual property and standard setting. Gates believes the key lessons from Qualcomm are: SSO members may need to assume a duty to disclose relevant IPR even when the written policy is not entirely clear. The district court in Qualcomm found that the written IPR policies did not explicitly impose a duty to disclose. The Federal Circuit, however, did find such a duty based on the written policies. Although the Federal Circuit in the Rambus v. Infineon case stressed the need for clear IPR policies that spell out SSO members’ duties, in Qualcomm, the Federal Circuit found that the written IPR policies imposed a duty to disclose by interpreting the IPR policies’ language in the context of concerns about patent “hold up.” Other courts may follow the Qualcomm court’s lead. Even if a written IPR policy does not impose a duty to disclose, the courts may be willing to rely on the understandings of SSO participants that such a duty existed. The Federal Circuit affirmed the district court’s reliance on this type of evidence, and other courts have stated that this type of evidence may demonstrate a duty to disclose even when the IPR policy is plainly ambiguous
The American National Standards Institute (ANSI) Patent Group and Intellectual Property Rights Policy Committee approved two guideline documents on software in standards and embedded trademarks. ANSI Guidelines on Software in Standards details the inclusion of normative software in American National Standards (ANS) when the software is intended to be extracted for use in implementations of the standard. ANSI Guidelines on Embedded Trademark provides guidance on trademarks, service marks, and certification marks as forms of intellectual property. ANSI's patent policy and accompanying Guidelines for implementation of the patent policy were also revised in 2008
The Information Technology Innovation Foundation convened a briefing "Globalization and Technology Standards: The Case for Expanded U.S. Leadership" January 13. China's standards practices were identified as problematic by a senior-level US standards trade official participating in the event. Another official noted challenges presented to the US standards system in global competition.U.S. standards system is the most diverse system in the world and relies primarily on the private sector
most other nations have a centralized standards system in which the government is the dominant player
Lack of acceptance by other governments of "multiple paths" to international standards
Competition at all levels –shifting centers of influence
Intellectual property rights
The IEEE USA Board of Directors approved its position on US patent reform January 15, this year: IEEE-USA endorses the need to reform the U.S. patent system and believes predictable intellectual property protection for a full spectrum of technologies and applicants is vital. We believe that the proper way to remediate systemic problems requires fixes that address the root cause(s). A collection of ad hoc palliative measures does not address the underlying systemic problem(s) and promotes uncertainty as well as unintended consequences. GTW Associates is new 2009 member of IEEE USA Intellectual Property Committee which in large part drafted the document. The next meeting of the IP Committee is March 5. The committee will review all of its current position statements on IP matters
Ancient History department: According to U.S. Trade Policy Towards Japan: Where Do We Go From Here? May 8, 1989 Congressional Research Service, Library of Congress William H. Cooper In the late 1970s, two U.S. manufacturers of metal baseball bats tried to market their products to the Japanese little league. But to do so, they required an official seal to be imprinted on the bat and only the Ministry of Education could issue the seal. The manufacturers were told that the game of Japanese baseball was different from American baseball and only Japanese bats could be used. Only after three years of negotiations and the intervention of high level officials on both sides, did the U.S. manufacturers obtain the necessary approvals. To the best of GTW knowledge US strategic standards interests are now much more closely aligned with standards policies of METI and JISC in Japan with credit also to the US activities of the Japan New Energy and Industrial Development Organization.
The ISO committee ballot of
ISO CD 26000 Guidance on Social Responsibility
has begun. This guideline document has potential for dramatic impacts in the
global marketplace. No doubt despite cautions to the contrary in the
document itself, we will soon see offers from third party certification
organizations to audit to the guideline. Guido Guertler,
retired standards executive from Siemens is a member of the industry
stakeholder group to the ISO initiative. Guertler
has created an excellent web site with helpful background and
analysis of the Committee draft document. GTW strong advises
interested parties to review the draft and to participate in the
voting process (closes March 12) by ISO national body members.
For example an excerpt from the guidance regarding
obligation of owners of intellectual property: 22.214.171.124
consider the interests of society, human rights and basic needs of the
individual when exercising and protecting their intellectual and
physical property rights. On 10th February 2009 the European
a plenary meeting of the European Multistakeholder Forum on CSR.
The aims of this meeting were to review progress on CSR in Europe and
globally, and to discuss possibilities for future joint
The International Federation of Standards Users (IFAN) appointed George Willingmyre "Special advisor" to IFAN. In that regard Willingmyre will present strategic issues of interest to IFAN at the ANSI March 11 meeting of the Joint member forums and March 12 meeting of the ANSI Company member forum. One of the several project activities of IFAN is IFAN PG 14 "Social responsibility". The IFAN board March 30 - 31 will consider a proposal for the creation of an IFAN working group "IP and standards." GTW offers to interested parties further background on the role and potential of IFAN to impact global standards policy matters.
GTW Associates Associate James Converse completed an evaluation of a web-based standards management program for the standards operations of the American Bearing Manufacturers Association whose standards committee activities GTW Associates supports.