Insight Volume 11 Num 3 November 1, 2009 International  standards and trade policy  strategic developments.   

  Insight Volume 11 Num 4  November 12, 2009 International  standards and trade policy  strategic developments.

In a Brussels speech October 15 DG Competition Director General Neelie Kroes  said the  existing chapter on standardisation  within the competition guidelines for horizontal guidelines would be revised to provide more guidance on standard setting.

Chief Technology Officers call for a review  of the standardization scenario in a Communiqué ... from an October 8 Geneva ITU meeting of high-level, private sector executives called  to discuss the standardization landscape, identifying and coordinating standards priorities and ways to best meet the needs of the private sector.

The  DRAFT REPORT OF THE Secretariat  concerning  during the WIPO SCP  meeting in Geneva March 23 - 27, 2009   contains the Secretariat's record of the statements of the national delegations and NGO interventions on the  WIPO staff SCP/13/2  Report on Standards and PatentsFor example Willingmyre on behalf of the US Chamber, "In conclusion, the Representative stressed the importance of WIPO joining and supporting other global fora, including ISO, ITU and WTO. The  USG representative stated: The Delegation believed that a patent owner should be provided an incentive to have its proprietary technologies included in the standard under fair and reasonable terms.  KEI proposed:  establishment of a working group on patents and standards. 

Not everyone is pleased with the Consumer Product Safety Improvement Act, passed in August 2008 and which set mandatory testing standards for toys.  Some are concerned  about the impact on small business 

SEC. 304. DEVELOPMENT OF IMPORT SAFETY PROGRAM HR 496 Trade Enforcement Act of 2009 (Introduced in House in January 2009 ) calls for  a voluntary government-private sector program (to be known as the `Import Safety Program') to ensure that all goods in the international supply chain do not pose risks to public health or safety, and to facilitate the movement of such goods through the international supply chain.

The 2009 edition of the WTO’s International Trade Statistics, a comprehensive overview of world trade up to 2008, was published in electronic format on 28 October 2009 This publication and its data is available: Charts and tables in Excel formatchapter highlights in pdf format  ;  statistics in a searchable database

George T. Willingmyre P.E.  presented  Update on the Dynamic Coalition on Open standards within the Internet Governance Forum and activities within the Yale Information Society Project at the October 5, 2009 meeting of the ANSI Intellectual Property Rights Policy Committee. 

Law.Gov is  a  Proposed Registry and Repository of All Primary Legal Materials of the United States  According to Carl Malamud, "Public.Resource.Org is very pleased to announce that we're going to be working with a distinguished group of colleagues from across the country to create a solid business plan, technical specs, and enabling legislation for the federal government to create Law.Gov.  At the end of the process, we're submitting a report to policy makers in Washington.  This is an organization related to the one about which GTW incorrectly predicted last October might  be the object of copyright infringement for posting scanned copies of copyrighted codes and standards that had been embodied or referenced by laws, codes or regulations  and thereafter  been posted to a public website and made publicly available. 

GTW Associates President Willingmyre  recently served as an expert witness for Shook Hardy & Bacon in connection with a patent litigation matter that was successfully resolved on terms favorable to the  client.  Willingmyre was retained in the matter to address issues related to standards setting and the patent policies of the IETF and the Telecommunications Standards Bureau of the ITU

A NIST federal register request Wednesday October 28  calls  for  new members of  the  Smart Grid Interoperability Panel  (SGIP) and  for nominations to  its  Governing Board .  The notice requests  comments on the draft Smart Grid Interoperability Panel Charter and Bylaws.  The proposed bylaws contain a highly precedential  intellectual property policy. The wording and  impacts of the policy seem to have triggered widespread debate about   the public right to  "access" to the  IP related to standards to be used by government. The wording of the policy and  the  applicability of its provisions  to the standards that will be used in the smart grid is unclear to some. It is part of  bylaws  of a private sector organization the SGIP.   NIST had previously listed   16 standards  at  Standards Identified for Inclusion in the Smart Grid Interoperability Standards Framework, Release 1.0  and  17 more beginning on page 32 DRAFT  NIST Framework and Roadmap for Smartgrip Interoperability Standards  Release 1.0  (DRAFT)      There have been suggestions  there are issues of availability of some of these standards consistent with the IP policy  provisions in the proposed bylaws.  What IP policy applies to the standards to be used in the smart grid?  

ITU Council concluded on October 30 in Geneva.  On the  Council agenda for discussion Tuesday October 27 was discussion of  activity pursuant to  “Resolution 76 Studies related to conformance and interoperability testing, assistance to developing countries, and a possible future ITU mark programme,” At the World Telecommunication Standardization Assembly in 2008 there had been  concern by some  about  "the lack of conformance and interoperability of equipment being placed on the market, especially in developing countries"  In pre-council discussions there appeared to be consensus that any ITU mark program  needs much further extensive study.
 
The International Organization for Standardization Working Group on Social Responsibility (ISO SR)  announced on September 15 that ISO 26000, Guidance on social responsibility,  was  published as a Draft International Standard (DIS). Comments and Ballots received by the February 14, 2010, deadline will be discussed at the next ISO SR meeting in May 2010.  The American National Standards Institute voted negative on the last iteration. 

The Federal Federal Emergency Management Agency announces October 16, 2009  its intent to select three  standards for adoption in the Voluntary Private Sector Accreditation and Certification Preparedness Program (``PS-Prep'')  According to a December 24, 2008 Federal register notice ANSI-ASQ ANAB    will be the ``selected entity''  ... to  develop and oversee the certification process, manage accreditation, and accredit qualified third parties to carry out certifications

GTW Associates President George Willingmyre is working with Ms Masako Wakui,
Associate Professor at the Graduate School of Law  Osaka City University
    to plan and
facilitate meetings in  Washington, DC November 12 - 22. The intention is to share information about  Antimonopoly Law - Competition Law And Policy in Japan and collect the most current US policy and precedents related to  antitrust,  intellectual property rights and standards.  Willingmyre  and Wakui plan to meet   with  standards organizations, agency officials, attorneys and  others in Washington with
knowledge of antitrust, and intellectual property rights and standards policy experience. Please contact GTW Associates to request  a meeting during the November time frame in Washington.  The research is addressed to  experts outside Japan only. In relation to the research on the same topic in Japan please contact wakui@law.osaka-cu.ac.jp

GTW  President Willingmyre presented "Considerations for  global business  concerning treatment of Intellectual Property related to standard-setting"   at a September 8 internal webinar for  the patent attorneys of  a Fortune 50 Global US Corporation "Advising  Clients on Standards-Setting Organization Participation"

GTW welcomes the Association for Challenge Course Technology (ACCT)  as standards developer client.  ACCT establishes and promotes the standard of care and measure of excellence that defines professional practice and effective challenge course programs. GTW Associate James Converse will now support ACCT in addition to the Bearing Technical Committee  of   the American Bearing Manufacturers Association   with ANSI procedures and policy matters.  GTW Associate President Willingmyre will provide strategic counsel to both organizations. 

GTW Associates and Valley View Corporate (VVC) have agreed to cooperate on selected projects for the mutual benefit of both organizations' clients

GTW  announces the availability of Dr. Richard J. Forselius  as lecturer  or counselor or consultant  on strategic standards management for business. Dr Forselius has impressive credentials  within the US and international private sector consensus standards community. 

 

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