NEWS & ALERTs
GTW is a global source for news of strategic and tactical standards information updated occasionally below New Content November 1 & November 12 , 2009
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| The Standards
Administration of China has released for public comment “Regulations
on Administration of Formulating and Revising National
Standards Involving Patents.
The
cover page to one of the translations of
the "Regulations
on
Administration
of Formulating and Revising National Standards Involving
Patents” states the strategic
importance of the document in explaining why it was prepared:
With a view to properly handling the patent
issues involved in national standards, standardizing the
disposal of patents involved in the process of formulating and
revising national standards, encouraging independent
innovations, promoting the rational adoption of new
technologies in national standards, protecting the rights and
interests of social public, patentees and related right
holders and ensuring the effective implementation of national
standards
The previous such proposal of a patent
policy by the SAC with as broad implications for standards and
trade in China was in 2004. Several
provisions depending on the translation of the Chinese
original text will draw attention and may need
interpretation and elaboration. The
proposed regulations merit careful review
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| The
discussions of the ITU Council October 27 on Resolution 76 concerning interoperability
and conformity to ITU standards and a possible ITU marks program
will lead to new ITU activities that
merit strategic attention.
According to an ITU press release ITU will implement measures that will give purchasers
of ICT equipment a much clearer picture of that equipment’s ability
to interoperate with other ICT devices. |
| During
the week of November 4 through 6 the WTO held discussions on
Non-Agricultural Market Access (NAMA) in the Doha Trade
round. Non Tariff Barriers to Trade are a significant topic
within the negotiations. Within NTBs Standards
and Conformity Assessment arise as a factor in many of the sectoral
discussions. The
table of contents of the document NAMA
document ANNEX 5 NTB TEXTUAL PROPOSALS indicates the
sectoral breadth of the negotiations
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In
a Brussels speech October 15 DG
Competition Director General Neelie Kroes said
the
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| 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.
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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 Patents. For 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.
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| 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
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| 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.
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| 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 format; chapter
highlights in pdf format ; statistics in a searchable
database
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| 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.
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| 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.
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| 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
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| 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?
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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
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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
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| 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
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| 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.
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| GTW
Associates and Valley View Corporate (VVC) have agreed to cooperate on
selected projects for the mutual benefit of both organizations' clients
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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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GTW Associates welcomes
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