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1. What is essential patent?
An essential patent is a patent which discloses and claims one or more inventions that are required to practice a given industry standard.
Ref. http://en.wikipedia.org/wiki/Essential_patent
2. What is standardization?
Standardization is the process of developing and agreeing upon technical standards. A standard is a document that establishes uniform engineering or technical specifications, criteria, methods, processes, or practices.
Ref. http://en.wikipedia.org/wiki/Standardization
3. What are the key orginizations in ICT standardization?
A. ITU
The International Telecommunication Union is the established to standardize and regulate international radio and telecommunications. Its main tasks include standardization, allocation of the radio spectrum, and organizing interconnection arrangements between different countries.
Ref. http://en.wikipedia.org/wiki/ITU
B. ISO
The International Organization for Standardization is an international-standard-setting body composed of representatives from various national standards organizations.
Ref. http://en.wikipedia.org/wiki/ISO
C. ETSI
The European Telecommunications Standards Institute is an independent, non-profit, standardization organization in the telecommunications industry in Europe.
Ref. http://en.wikipedia.org/wiki/ETSI
D. IEEE
The Institue of Electrical and Electronics Engineers is an international non-profit, professional organization for the advancement of technology related to electricity.
Ref. http://en.wikipedia.org/wiki/IEEE
E. ANSI
The American National Standards Institute or ANSI is a private non-profit organization that oversees the development of voluntary consensus standards for products, services, processes, systems, and personnel in the United States. The organization also coordinates U.S. standards with international standards so that American products can be used worldwide.
Ref. http://en.wikipedia.org/wiki/ANSI
4. What are the examples of standardized technologies in ICT?
A. 4G Mobile Telecommunications
International Mobile Telecommunications-Advanced systems are mobile systems that include the new capabilities of IMT that go beyond those of IMT-2000. Such systems provide access to a wide range of telecommunication services including advanced mobile services, supported by mobile and fixed networks, which are increasingly packet-based.
Ref. http://www.itu.int/ITU-R/index.asp?category=information&rlink=imt-advanced&lang=en
B. LTE
Long Term Evolution is enhancement of the 3GPPP's 3G mobile technology - Universal Terrestrial Radio Access (UTRA).
Ref. http://en.wikipedia.org/wiki/3GPP_Long_Term_Evolution
C. WiMAX
Worldwide Interoperability for Microwave Access is a telecommunications technology that provides wireless transmission of data using a variety of transmission modes, from point-to-multipoint links to portable and fully mobile internet access. The technology is based on the IEEE 802.16 standard.
Ref. http://en.wikipedia.org/wiki/WiMAX
D. RFID
ISO/IEC 18000 is a series of standards being created by ISO/IEC/JTC 1/SC31/WG4/SG3 for RFID air interface standards.
Ref. http://www.epcglobalinc.org/home
E. MPEC
H.264/MPEG-4 AVC is a standard for video compression. The final drafting work on the first version of the standard was completed in May 2003.
Ref. http://en.wikipedia.org/wiki/H.264/MPEG-4_AVC
5. What are the IPR policies of standardized technologies in ICT?
The IPR policies is a set of rules that a specific SDO (Standard Development Organizations) set up for handling of IPR matters related with technical standards. IPRs policies of SDOs follow different practices. Most common policy may be that the participants in the standards-setting process are required to reveal information about patents that may be owned by the company and are likely to be essential for complying with the proposed standard.
A. ITU IPR policy
Ref. http://www.itu.int/ITU-T/ipr/; http://www.itu.int/ITU-T/dbase/patent/patent-policy.html
B. ISO IPR policy
Ref. http://www.chiariglione.org/leonardo/standards/opima/iso_iec_ipr_policy.htm
C. ETSI IPR policy
http://www.etsi.org/WebSite/AboutETSI/IPRsInETSI/IPRsinETSI.aspx
D. IEEE IPR policy
http://standards.ieee.org/guides/bylaws/sect6-7.html#6
6. What are issues with IPR policies of standardized technologies in ICT?
A. Patent Ambush
A patent ambush occurs when a member of a SDO hides information, during participation in development and setting a standard, about a patent that the member's company owns, which is relevant to the standard, and subsequently the company asserts that a patent is infringed by use of the standard as adopted.
Ref. http://en.wikipedia.org/wiki/Patent_ambush
B. Patent Troll
A patent troll is a person or company that enforces its patents against one or more alleged infringers with no intention to participate in SDO and/or manufacture or market the standardized technologies.
Ref. http://en.wikipedia.org/wiki/Patent_troll
C. Antitrust Violations
Antitrust laws are invoked when patent owners abuse their rights, to constrain the misconduct.
Ref. http://www.goodwinprocter.com/~/media/7589A8D652264FD3A1F2A05A683DD1B2.ashx
7. What is the FRAND?
A patent covering the standard must be adopted on "fair, reasonable and nondiscriminatory terms" (FRAND). FRAND refers to the obligation in licensing that is required by SDOs for members which participate in the standard setting process. FRAND is intended to prevent members from engaging in licensing abuse based on the monopolistic advantage generated as a result of having their IPR.
Ref. http://en.wikipedia.org/wiki/Fair,_Reasonable_and_Non_Discriminatory_terms
8. What is the patent pool and some patent pool examples for the standardized ICT?
A patent pool is a consortium of at least two companies agreeing to license patents relating to the standardized technologies.
Ref. http://en.wikipedia.org/wiki/Patent_pool
A. 3G Licensning
3G Licensning is a patent pool for W-CDMA patent licensing programme.
Ref. http://www.3glicensing.com/
B. MPEC LA
MPEC LA is a patent pool for licensing of essential patents to MPEG-2 Video, MPEG-2 Systems, MPEG-4 Visual and MPEG-4 Systems.
Ref. http://www.mpegla.com/index1.cfm
C. OPA
Open Patent Alliance is a patent pool for 4G WiMax technology licensing.
Ref. http://openpatentalliance.com/
D. RFID Consortium
RFID Consortium is a patent pool for UHF RFID licensing.
Ref. http://www.rfidlicensing.com/index-2.html
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