Subject: HR 1086

From: [email-masked]
Date: Thu, 29 May 2003 21:55:38 -0400

Many consortia secure a degree of  shelter from Antitrust liability thought the National Cooperative Research and Development Act.  Legislation is moving to extend this shelter to consensus standards developing organizations.  I believe this has no immediate impact on any of the  IETF  IPR documents under development ... but neverthe less is  helpful context for  the legal  and political environment in which our procedures will operate

On May 22 HR 1086 The Standards Development Organization Advancement Act of 2003 was Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Members of this list will find  this  analysis of Section 3 Definitions interesting   begin quote from section by section analysis
Section 3. Definitions. 

Section 3 amends the definitions section of the NCRA to include the terms: `standards developments activity;' `standard development organization;' `technical standard;' and `voluntary consensus standard' (as defined in OMB Circular Number A-119). 

In addition, this section specifically excludes antitrust protections for standards development activity that involves: (1) the exchange of cost, sales, or pricing information not reasonably required for the purpose of developing a voluntary consensus standard, or (2) any anti-competitive activity for a for-profit entity that stands to financially benefit from participating in any standards development activity. 

The definition of `standards development activity,' as set forth in section 3(7), is broad enough to encompass any action taken by an SDO in `developing, promulgating--or otherwise maintaining a voluntary consensus standard--including actions related to the intellectual property policies' of the SDO. The Standards Development Organization Advancement Act is not intended to change or influence existing intellectual property policies currently utilized by various SDOs (including, but not limited to, patent searches), nor to affect or influence new intellectual property policies that may be developed in the future. Such policies are vitally important to ensuring a level playing field among all users of a standard that incorporates patented technology. In addition, the legislation is not intended to change or alter the application of existing antitrust laws with respect to intellectual property. 

The Act seeks to encourage disclosure by owners of intellectual property owners of relevant intellectual property owners and proposed licensing terms. It further encourages discussion among intellectual property owners and other interested standards participants regarding the terms under which relevant intellectual property owners would be made available for use in conjunction with the standard or proposed standard. 

End quote from section by section analysis

HR 1086 at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:h1086ih.txt.pdf

NCRP info at http://www.gtwassociates.com/answers/Antitrust.html

GTW comments to Judiciary on HR 1086 at http://www.gtwassociates.com/alerts/HR1086GTWCOMMENTS.htm

George T. Willingmyre, P.E.
President
GTW Associates
1012 Parrs Ridge Drive
Spencerville, MD 20868  USA
301.421.4138  fax 301.421.0977
http://www.gtwassociates.com