DOCUMENT GSC 15 TIAIPR04 FOR Presentation SOURCE TIA

DOCUMENT #: GSC 15 -TIA-IPR-04 FOR: Presentation SOURCE: TIA AGENDA ITEM: 4 CONTACT(S): Amy Marasco (amarasco@microsoft. com) Kent Baker (kbaker@qualcomm. com) “Update on Activities of the TIA IPR Standing Committee (IPR SC) and the new Standards and IPR Policy Committee (SIPC) since GSC-14” Amy Marasco Global Standards Collaboration (GSC) GSC-15

Structural Changes § This presentation focuses on important issues that were discussed within the TIA IPR Standing Committee (IPR SC) • IPR SC’s primary responsibility is to review and maintain TIA’s IPR Policy and associated Guidelines Document, which are available on TIA’s Web site www. tiaonline. org § TIA Board of Directors recently approved the formation of a new Policy Committee • New committee is called the Standards and IPR Policy Committee (SIPC) • Communicates TIA standards and IPR policy positions externally • Increased discussion on standards and IPR issues worldwide 2

Summary of Topics § Activities of the SIPC/IPR SC since GSC-14 in Geneva (July 2009) • 2010 Don Purcell Survey on Priorities for Standards Education • TIA comments in response to Representative Gordon’s (Chairman of the Committee on Science and Technology, U. S. House of Representatives) inquiry regarding the health of the U. S. standards system and the role of the National Institute of Standards and Technology (NIST) 3 Beijing, 30 Aug. – 2 Sept. 2010

Summary of SIPC/IPR SC Topics (Cont’d) • Proposed European Interoperability Framework (EIF v. 2) • TIA comments on the EC White Paper “The Way Forward” outlining recommendations relating to the European legal framework for standardization • British Standards Institute (BSI) draft PAS 98 (standard for standards bodies) • TIA comments on proposed SAC rules relating to the inclusion of patented technology in Chinese national standards • TIA discussion of proposed Government of India Policy on “Open Standards” 4

§ 2010 Don Purcell Survey on Priorities for Standards Education • The Center for Global Standards Analysis (“Center”) initiated a survey to determine priorities among standards education content and standards education groups § In 2008, the Center conducted a global survey to determine whether corporations, standards development organizations and other standards groups believe that standards education programs have a strategic value. The unanimous view of survey respondents was “yes”. § In 2009, the Center conducted a survey in part to determine whether the United States Government should spend additional resources to create or enhance standards education programs. The unanimous view of survey respondents (including TIA) was “yes”. A copy of the Center’s 2008 and 2009 surveys can be obtained by sending an email to Donald Purcell at donpurcell@strategicstandards. com. 5

Committee on Science and Technology, U. S. House of Representatives § TIA comments to Chairman Gordon’s inquiry regarding the health of the U. S. standards system • Technical standards are important to TIA member companies §TIA has more than 70 committees and sub-groups that serve diverse stakeholders (including U. S. Government) • These committees produced more than 3, 000 standards §Association members and others come to TIA to develop standards that: • Promote efficiency and interoperability • Enhance industry collaboration to solve market-driven demands and customer needs • Enable access to new technologies and markets • Help diffuse innovative solutions across the industry while maintaining respect for intellectual property rights and supporting incentives for companies to further invest in related R&D • Create opportunities for further competition among differentiated implementations and products, which provides stimulus for more innovation and choice for customers and users

TIA Response to Chairman Gordon (cont. ) • Comprehensive Government Review of U. S. Standards System Not Needed §“U. S. standards system – which is characterized by its ability to adapt and to accommodate the needs of a variety of competing stakeholders – has served its constituents well” §TIA concurred with the findings of The Center for Global Standards Analysis, “A National Survey of the United States Standards Policies, August 2009”: §“…the virtually unanimous view from survey respondents is that current United States policies for the development of private-sector technology standards are working well, and that no changes to those policies or the current balance of private-sector/public sector partnership relating to standards are necessary at this time. ” 7

TIA Response to Chairman Gordon • U. S. System is Part of an Effective International Standards Ecosystem • “The success of the standards [different standards bodies] produce, however, is not based upon a defined process or procedure but rather is a result of a number of factors (such as responsiveness to customer need) that impact ultimate acceptance by the broader industry. This competition and diversity among standards bodies has resulted in a dynamic ecosystem that is very valuable to the similarly dynamic ICT industry sector. ” • U. S. supports the multiple path approach to international standards § Reflected in the United States Standards Strategy (http: //publicaa. ansi. org/sites/apdl/Documents/Standards%20 Activities/NSSC/USSS-2005%20%20 FINAL. pdf) and U. S. Government statement (see http: //www. ansi. org/news_publications/news_story. aspx? menuid=7&articleid=2166). 8

European Interoperability Framework (EIF v. 2) § Anticipated publication date late 2010 • Objective is to improve data exchanges between government bodies and citizens • EIF v. 1 – definition of “Open Standards” is not consistent with TIA’s and GSC’s § EIF v. 1 defined “open standards” in part as: • “The intellectual property – i. e. , patents possibly present – of (parts of) the standard is made irrevocably available on a royalty-free basis” • “There are no constraints on the re-use of the standard” 9

Euro Commission (DG Enterprise) White Paper: § TIA commented on the European Commission (DG Enterprise) White Paper: “Modernizing ICT Standardisation in the EU: The Way Forward” outlining proposed changes to the European legal framework for standardization • Paper sets forth attributes for standards to be referenced by EU Government officials §“TIA supports the attributes of openness and a consensus-based transparent process. TIA also supports the list of attributes the White Paper enumerates for standards themselves, i. e. , maintenance, availability, IPR (licensees agree to offer to grant licenses to their Intellectual Property on (F)RAND terms to everyone making and selling products that implement the standard and such license is bilaterally negotiated between the parties), relevance, neutrality, stability and quality. ” • White Paper aligned with GSC resolution on “open standards” • Takes a balanced approach on IPR issues 10

TIA Comments on EU White Paper §Sections 2. 1 and 2. 4 of the White Paper attempt to distinguish “software standards” from “communications standards” • TIA commented that this may not be possible or useful: §“Given convergence of many information and communications (ICT) technologies, TIA is not convinced that it is possible to categorize standards in this way. ICT standards, however, can often be implemented in hardware, software (whether proprietary, open source or mixed source), or in combinations thereof. ” §IPRs in ICT standards • (F)RAND framework is working and is effective • ICT standardization in EU should be predicated upon policies that encourage innovation and high-performance technologies §Creates economic efficiencies §Encourages innovators to contribute and to re-invest 11

BSI PAS 98 BSI Recently Posted PAS 98 for Public Comment Publicly Available Specification – BSI PAS 98 Standards consortia – Part I: Good practice in the establishment and management of standards-related consortia and Part II: Evaluating Standards Related Consortia. § Several organizations submitted comments to the effect that: § ICT standardization benefits from having a variety of different standardization approaches and none is inherently better than others • PAS may be used to assess which standards bodies are “better” or “more open” than others • • TIA IPR PC currently is evaluating this PAS 12 Beijing, 30 Aug. – 2 Sept. 2010

SAC Proposed Rules § In the fall of 2009, SAC posted proposed rules relating to the inclusion of patented technology in Chinese national standards for public comment § TIA provided comments: • Patent Disclosure Procedures and Defining Participation § TIA supports requiring clear patent disclosure procedures § “RAND” typically is not defined as including “less than customary license fee” § Licensing commitments typically only apply to essential patent claims 13

Government of India Policy § TIA discussion of proposed Government of India Policy on “Open Standards” • 2008 TIA Position Paper Released on “Open Standards” • The direct link is as follows: http: //www. tiaonline. org/standards/about/documents/TIAIPR_20080620 -003_TIA_OPEN_STANDARDS-CLEAN_R 4. pdf § Aligned with GSC resolution on “open standards” • Paper describes the voluntary, open and consensus-based standardization process § Addresses attempts to re-define what constitutes an “Open Standard” where essential patented technology must be made available for free, and explains the differences between Open Source Software and Open Standards 14

Recommendations § TIA supports GSC-15 reaffirming all three of the Resolutions previously developed by the GSC SIPC • GSC-14/22 Intellectual Property Rights Policies • GSC-14/23 Cooperation with Patent and Trademark Offices • GSC-14/24 Open Standards 15

§ Thank You!