ITU Workshop on Standards and Intellectual Property Rights

ITU Workshop on Standards and Intellectual Property Rights (IPR) Issues Interplay between ICT standardization and patents Tomoko Miyamoto Head, Patent Law Section World Intellectual Property Organization New Delhi, India, 19 -20 December 2011 International Telecommunication Union

World Intellectual Property Organization (WIPO) A UN specialized agency Promote protection of IP throughout the world through cooperation among States and in collaboration with other international organizations Develop a balanced and accessible international intellectual property system 185 Member States Headquarters in Geneva New Delhi, India, 19 -20 December 2011 International Telecommunication Union

What is a patent? Exclusive right Publication Patents Inspire 3 rd parties Incentives Inventions New ideas • Exclusive right to prevent others from using the invention without patent holder’s consent during the linited period of time • Territorial right – No global patents International Telecommunication Union

Patents and standards ? Patents Standards Exclusive rights Wide implementation ? International Telecommunication Union

Patents and standards Common objectives Patents Standards Encourage investment in innovation (R&D) Disclosure of technological information Dissemination of technology Standardization is one of the “patent exploitation processes” to realize a supranormal return International Telecommunication Union

Patents and standards Potential conflicts Standards $ $ $ Essential patents $ $ Licensing royalties Standard implementers - Wide implementation of standards - Legitimate exploitation of patents International Telecommunication Union

Statistics Global (World Intellectual Property Indicators) - The largest numbers of patent applications were filed in computer technology, electrical machinery and telecommunications (each field accounts for more than 5% of all applications). - Applications in computer technology and digital communication saw high annual growth rates from 2003 to 2007 (11. 00% and 9. 60%, respectively). India: Annual Report 2009 -10 by the Office of CGPDTM Computer/Electronics 2007/08 2008/09 2009/10 No. of patent applications 4842 7063 7646 No. of patents 1357 1913 1195 International Telecommunication Union

Issues Potential increase with the number of patents IPR policies of SDOs Patent system - Quality of patents - Up-to-date patent status information - Patenting speed, standardization speed and tech. dev. (& market) speed Enhanced transparency and predictability International Telecommunication Union

WIPO Standing Committee on the Law of Patents (SCP) “Patents and standards” discussed in 2009 -2010 Preliminary study on patents and standards (document SCP/13/2) http: //www. wipo. int/meetings/en/details. jsp? meeting_id=17448 - Illustrate and contextualize current issues Discussions - Multi-disciplinary, cross-cutting issues - Importance of striking a balance among different stakeholders - Concerns about competition issues International Telecommunication Union

SCP – Quality of patents - Substantive patentability - Procedural improvement, quality control and Quality Management System (QMS) - Within/outside Patent Offices - Accuracy of decisions/ Validity of patents/ Timeliness - Law/ Best practices/Infra /Training Three proposals on the table International Telecommunication Union

Transparency between patents and standards WIPO: PATENTSCOPE - Digitization of national patent applications - PCT applications: national phase entry data - Digitization of national patent registry – easier access to legal status information Using open technical information derived from the standardization process for patent examination – patent quality International Telecommunication Union

WIPO Arbitration & Mediation Center http: //www. wipo. int/amc/en/ Alternative dispute resolution (ADR) mechanisms to litigation - Resolution of commercial disputes between private parties - Party autonomy and confidentiality - Often simpler, more cost effective - A single procedure for resolving multijurisdictional disputes WIPO/AMC supports adaptation of ADR Rules for specific sectors 1/3 from ICT, many relate to licensing disputes International Telecommunication Union

Thank you Tomoko. miyamoto@wipo. int International Telecommunication Union http: //www. pluspets. net/love-dogs-cats/