[Ip-health] KEI Statement on patents and standards

[James Love]

This is what Thiru presented at the WIPO SCP yesterday. Jamie


http://www.keionline.org/index.php?option=3Dcom_content&task=3Dview&id=3D18=
6


This statement was read by Thiru Balasubramaniam on June 24, 2008 on
the second day of the WIPO Standing Committee on the Law of Patents
(SCP).  It addresses the possible role of WIPO in looking at the
relationship between patents and standards.

We note the WIPO =E2=80=9CReport on the International Patent System=E2=80=
=9D has
examined the relationship between patents and standards. We applaud
the WIPO Standing Committee on the Law of Patents for including the
important issue of =E2=80=9CStandards and Patents=E2=80=9D on the list of i=
ssues for
discussion at the SCP.

The WIPO report highlights that tensions can arise between patents
and standards with respect to the disclosure of patents =E2=80=9Cwhich beco=
me
apparent when the implementation of a standard calls for the use of
technology covered by one or more patents.=E2=80=9D

As the International Bureau has noted, current competition and legal
remedies may not be enough to solve the inherent tensions that
routinely arise in the realm of patents and standards.

KEI notes that issues concerning standards are increasingly global
concerns, involving goods and services that move in international
trade across borders.

One issue that is very important and highlighted in the WIPO report
concerns the disclosure (and non-disclosure) of patents relevant to
the implementation of a proposed standard.

When goods move in international trade, the systems for such
disclosure cannot be based upon the laws of a single country, and
there is a strong rationale for global norm setting in this area.

Companies and patent owners who operate in good faith do not rely
upon patent ambushes.

The SCP needs to gather information and evidence regarding state
practice in terms of obligations to disclose patents on proposed
standards, and to invite innovative businesses to share their views
on the adequacy of the current systems of managing disclosures.

We note that many businesses believe that the current systems for
disclosure are inadequate, in part because they do not extend outside
of the membership of standard setting bodies, and the disclosures
that are made are often deliberately not helpful.

The SCP should also consider other measures beyond disclosure that
may be appropriate.

We note the proposed Treaty on Access to Knowledge includes several
sections relevant to standards and patents, and members may want to
consider these proposals.

Finally, we note that the issues of standards are increasingly
important for vast areas of the modern economy, including of course
information, computing and telecommunications technologies and
services, as well many other many other areas, such as certain energy
and environmental technologies, and important elements of
transportation technologies, to mention a few.