Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx> espoused:
> Standardisation Policy More Effective Than Legislation On IP?
>
> ,----[ Quote ]
>| The balance between the much wanted law-like standards and IPR is difficult,
>| noted the study, because ?the underlying philosophies of standardisation and
>| IPR-protection are seen as opposite. Whereas standardisation intends to put
>| ideas into the public domain, protection of IPR makes them private property.?
>| Furthermore, the legal framework of standardisation is blurred, while
>| recognition of private rights over private creations is clear and patent
>| ambushes (patent claims made late in the development of a standardisation
>| process) are prevailing in court cases. The European Commission so far has
>| tried to alleviate the problem by passing so-called FRAND rules that try to
>| ensure ?fair, reasonable and non-discriminatory? licensing when it comes to
>| standards. A new ETSI IPR policy adopted in 2006 addressed the problem of IPR
>| owners not agreeing to licences, yet the problem still is not really
>| resolved, according to the study.
> `----
>
> http://www.ip-watch.org/weblog/index.php?p=894
>
RAND is anything but. Anyone whose been fortunate? enough, as I have,
to chair standardisation meetings will know that many agreements are
hard won through complex, difficult and challenging negotiations between
multiple parties. The role of the chairman being to be seen as
completely impartial, and at least in my case, to spend as much time as
possible with each of the delegations with an axe to grind in order to
discuss and propose, and perhaps agree solutions over relatively relaxed
circumstances, like coffee, dinner, lunch and so on, in order to that
the meeting can progress forward.
To have all that work undermined by someone dropping a patent in the
middle of it is reprehensible at best.
--
| Mark Kent -- mark at ellandroad dot demon dot co dot uk |
| Cola faq: http://www.faqs.org/faqs/linux/advocacy/faq-and-primer/ |
| Cola trolls: http://colatrolls.blogspot.com/ |
| My (new) blog: http://www.thereisnomagic.org |
|
|
