National Academy study Intellectual Property Management in Standard-Setting Processes: An International Comparison

PGA-STEP-10-05      

The National Academies’ Science, Technology, and Economic Policy (STEP) Program, at the request of the USPTO, is undertaking an international comparative study of intellectual property management in standard-setting processes by a committee chaired by Keith Maskus, University of Colorado.   The project will examine experience with policies regarding disclosure of IP and licensing terms, licensing commitments, transfer of obligations, and related issues in diverse standard-setting processes worldwide.   The output will be a set of findings, not specific recommendations for U.S. government policy.   A preliminary statement of task and committee roster can be found on the project website at http://www8.nationalacademies.org/cp/projectview.aspx?key=49398

The RSO is:

Stephen A. Merrill, Ph.D.
Executive Director
Science, Technology, and Economic Policy
The National Academies
500 Fifth Street, N.W.   KC574
Washington , DC 20001

Tel.  202-334-1581
Fax   202-334-1505
Mob  202-731-1782
E-m   smerrill@nas.edu
www   nationalacademies.org/step

GTW Associates commented at the first meeting of the Advisory committee November 3 & 4, 2011.  GTW's two main conclusions were:

No Single "Best Organization" or "Optimum Global Approach" or IP policy for all Industry Sectors

–Global standardization goals are achieved in the United States through sector-specific activities and through alliances and processes provided by companies, associations, standards developing organizations, consortia, and collaborative projects. – UNITED STATES STANDARDS STRATEGY 

 

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… the diversity of bodies that develop standards promotes innovation and helps ensure that standards are of high quality and respond to regulatory and market needs.

–COMMUNICATION FROM THE UNITED STATES TN/MA/W/138 28 JUNE 2010 MARKET ACCESS FOR NON-AGRICULTURAL PRODUCT http://www.usitc.gov/research_and_analysis/documents/ID_Seminar_10-6-10.pdf

GTW Associates submitted follow up comments November 9 to  Dr Merrill and Chairman Mascus.  Key was to reiterate  out the finding in the work of the Subcommittee on Standards and its October 2011 Background and Proposed Policy Recommendations Federal Engagement in Standards Activities to Address National Priorities that with respect to IP in standards: 

Access and Availability: the text of standards and associated documents should be available to all interested parties on a reasonable basis, which may include monetary compensation where appropriate.

Clear Intellectual Property Rights (IPR) Policies: standards organization IPR policies should take into account the interests of both IPR holders and those seeking to use or implement the IP included in the standard or standards. These policies should be easily accessible and the rules governing the disclosure and licensing of IPR should be clear and unambiguous.

GTW Associates  shared  comments to the FTC  ; comments in response to the NIST RFI;   and GTW's analysis  of 24 IP related comments contributed in response to the NIST RFI

VVC president and GTW Associate Dan Bart  also commented November 4 on the balance of the  tentative list of Advisory committee members  and maintained  the composition was inbalanced toward academics. 

Carter Eltzroth, Legal Director of the DVB Project, presented the experience of the DVB Project in its fostering of patent pools covering DVB standards  and in resolving IPR gateway issues by providing a forum for ex ante discussions