Insight Volume 12   Number 1  October 30, 2010  International  standards and trade policy  strategic developments. 

  
OECD to revise 2000 Guidelines for Multinational  Enterprises ...  Roles of National Contact Points under Review    The 2010 Revision  will include recommendations by governments covering all major areas of business ethics, including corporate steps to obey the law, observe internationally-recognised standards and respond to other societal expectationsGTW advises  parties interested  in the substance of the proposed revisions  to consult with their relevant trade associations or  processes for representing national interests in the work of the OECD Consumer Policy and Investment Committees.  

What is an International Standardizing Body?      Fundamentally, whether a standard is relevant, effective and appropriate in fulfilling a Member’s particular regulatory or market need is not determined by which body developed it. Further, greater harmonization results from increased worldwide use of a standard, and that use is directly attributable to relevance, effectiveness and appropriateness of the standard itself in meeting a specific need. Contribution by US to June 2010  NAMA meetings on NTBs  following meetings during the week of November 4 through 6 2009   on Non-Agricultural Market Access (NAMA)  in the Doha Trade round.  Non Tariff Barriers to Trade are a significant topic within the negotiations.

GTW Associates Willingmyre presented   "Global Standards for Global Trade: Fact versus Fiction"  to  the  International Trade Commission October 6.      [abstract]

The  presentation makes a case that  1) standards are increasing as trade issues and are  "a wolf in sheep's clothing"; 2) Countries around  the world including US are using standards as strategic tools of competition; 3) compulsory licensing through standards policies is a real threat and IN CONCLUSION: A) there is No Single "Best Organization" or "Optimum Global Approach" for Standardization for all Industry Sectors  B) A  successful International Standards Organization's IPR Policy meet the needs of its members and industry by containing key elements: INCLUSION OF ALL STAKEHOLDERS , FLEXIBILITY  & BALANCE C) Governments should not mandate compulsory licensing in legislation or policies except in limited cases as prescribed in TRIPs Article 31 D) Standards, the wolf in sheep's clothing, needs to be carefully monitored as an emerging technical barrier to trade.

IPR in Standards: GTW Associates President Willingmyre participated in the General Assembly of IFAN and the October 5 meeting of IFAN WG17 on IP  and Standards preparing a survey of IFAN members experience in this regard.  

Two US studies of IP policies in standards are about to begin.  One commissioned by the National Institute of Standards and Technology will focus on ex ante IP policies and experience.  The US PTO requested proposals Spring 2010  for  a Comparative Study on Intellectual Property Management in Standard-Setting Organizations.  This Project has not yet begun as of October , 2010

"Tensions between Intellectual Property Rights and standardisation : reasons and remedies"  a conference will be convened  in Brussels on November 22 

A Variety of Social Responsibility Standards compete  in the Global Marketplace

On November 1 The American National Standards Institute (ANSI) announced that ISO 26000, Guidance on social responsibility, is  available on the ANSI webstore. This  standard integrates international expertise on social responsibility (SR), detailing what it means, what issues organizations need to address to operate in a socially responsible manner, and what the best practices are for implementing SR effectively and efficiently.   A helpful private sector site with background on the work is  maintained by retired Siemens Corporation standards Executive Guido Guertler      A helpful private sector site with background on the work is  maintained by retired Siemens Corporation standards Executive Guido Guertler

UL Environment, in partnership with Greener World Media, offered for public review for 45 days (closed September 15)  a sustainability standard that will be used to assess corporate policies and practices, known as the ULE 880 - Sustainability for Manufacturing Organizations

Social Accountability International (SAI)  is a non-governmental, multi-stakeholder organization whose mission is to advance the human rights of workers around the world. It partners to advance the human rights of workers and to eliminate sweatshops by promoting ethical working conditions, labor rights, corporate social responsibility and social dialogue.  SAI maintains the standards Social Accountability 8000 (SA 8000)  

AccountAbility's AA1000 series are another choice of accountability standards based standards  offered by "AccountAbility" to help organisations become more accountable, responsible and sustainable. They address issues affecting governance, business models and organizational strategy, as well as providing operational guidance on sustainability assurance and stakeholder engagement. 

 

The United States Trade Representative's office released this year two important compilations of non tariff barriers to trade facing US Exporters

USTR March 31 report 2010 REPORT ON TECHNICAL BARRIERS TO TRADE 

2010 REPORT ON SANITARY AND PHYTOSANITARY MEASURES March 2010 

The  WTO Secretariat completed  a TRADE POLICY REVIEW Report UNITED STATES   WT/TPR/S/235  25 August 2010 including  a comprehensive description of development of technical regulations and conformity assessment procedures in the US

Smart Grid Standards The National Institute of Standards and  Technology  NIST advised the Federal Energy Regulatory Commission (FERC) that it has identified five "foundational" sets of standards for Smart Grid interoperability and cyber security that are ready for consideration by federal and state energy regulators. In an October 6, 2010 letter to FERC Chairman Jon Wellinghoff, NIST's national coordinator for Smart Grid interoperability, George Arnold, said the standards "are essential to uniform and interoperable communication systems throughout the grid and will accommodate the evolution of the grid and the integration of new technologies."

In an October 7  FR notice   FERC seeks additional  public comments on the standards recommend by NIST  and in  an October 29  FR notice  announces a public  meeting

The Smart Grid Interoperability Panel  met  in a virtual meeting October 29    Smart Grid Testing and Certification Committee SGTCC  presentation described   a document  Interoperability Process Reference Manual (IPRM)  to be made available  for review shortly.  This manual will describe a "Framework" including the concept of an "Interoperability" Brand and support for  Interoperability Testing and Certification Authorities (ITCAs)  The ITCAs would be measured by criteria defined in the  (IPRM) by accreditors that might be NIST or ANSI.  The ITCAs would certify products submitted by suppliers to be  "Interoperable"

The National Science and Technology Council Technology Committee committee  establsihed a Subcommittee on Standards (SoS) whose charter was recently approved. The SoS committee is  charged with providing high-level leadership to federal agencies to ensure they are strategically focused and actively engaged on critical standards-related issues.  Gallagher provided insight to the preliminary steps of the SoS committee in a presentation

WIPO SCP and Global Government Procurement Policy involving standards policy to be addressed at the ANSI Intellectual Property Rights Policy Committee meeting November 17, 2010Mr. Willingmyre  will update the ANSI IPR PC  on IPR-related standards  activities of the Internet Governance Forum (“IGF”) Forum and the World Intellectual Property Organization ("WIPO") Standing Committee on the Law Patents meeting held October 11-15, 2010 .  Mr. Willingmyre will also report on global discussions on  and "government procurement policy involving IP in standards".

GTW on Open Source Software and RAND   Betwixt and Between: Open source software and RAND standards development patent policies  GTW Associates at TalkStandards on Line Forum August 26, 2010

GTW Associates commented  in 2009 and 2010 upon  China proposed  IP policies in standards setting , authored papers and made presentations on strategic  Developments in China IP & Standards

 

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