Obviously, some patent holders with a particularly strong interest in aggressive monetization don`t want any of this. That is why there is also ”CWA1”, as I mentioned before. The FSA and ACT published an open letter earlier this year expressing their opposition to the CWA1 approach. While this letter did not seem to have the intended effect of creating more balance, it should not be too difficult for policymakers (such as the new European Commission) to determine which of the two recommendations is conducive (CWA2) and which is harmful (CWA1), for innovation and competition. It`s easy to see, not only by the content, but also by simply looking at the fans: The Fair Standards Alliance released a press release on CWA2 this morning. The FSA is a partnership with ACT | The Association of Applications. ACT pointed out CWA2 in an amicus letter last night, which supported the FTC against Qualcomm`s request for a stay of execution. The FSA and ACT partnered with the main German standards body, the German Standards Institute (DIN), and DIN provided the secretariat for the workshop. But in addition to legal disputes, policy initiatives and efforts of standards bodies can and do provide guidance. In the United States, the IEEE has become a particularly important forum for discussion, and the development of European guidelines probably the most important, a workshop under the aegis of the European standardization organizations CEN and CENELEC with the support of the German DIN, has just been concluded after more than a year of discussion with the publication of a 51-page ”CEN Workshop Agreement” on the ”Fundamental Principles and Approaches for Licensing Patents Essential to standards”. The official number of Dcoument is ”CWA 95000”.
The shortest name is ”CWA2”. Why the number 2? Because there is a different set of recommendations from another group of companies, and it pretty much agrees with the opposite approach, but it has much less industry support than CWA2. 1.9 The WS President will decide when an agreement on the final text of the CWA will be reached between the WS participants. 1.13 At any stage of its life cycle, a CWA can be converted into a different standardization outcome (e.g. B a TS or an EN) on the initiative of the members of CEN or a technical committee of CEN and/or CENELEC. This conversion is carried out in accordance with the CEN-CENELEC Rules of Procedure – Part 2. In order to ensure transparency, cen/WS documents should be uploaded to an electronic platform. The CcMC will make the CWA project available for external comments on the CEN website and the CEN-CENELEC website. From Limburg Stirumlaan 296Brussels, Wemmel B-1780Belurgic. . The official start-up of cen/WS will take place at the kick-off meeting, provided that the project plan of the workshop is sufficiently supported. 1.5 The workshop secretariat and the workshop applicant prepare the draft workshop project.
If the consultation phase on the CEN workshop proposal form is expected to take some time (in particular if consultation with the CEN Technical Committee and/or the CEN Technical Committee is required), it is recommended that this time be used to work on the draft project plan. It is strongly recommended to define a dissemination strategy in the draft project plan to ensure the optimal impact for the future CWA. Comments received on the design of the workshop project will be reviewed and the final plan of the workshop project will be approved by participants who wish to move forward. The information published on the website includes: 1.6 CcMC announces the proposal for a new CEN workshop (CEN/WS) on the cen-CENELEC website at least 30 days before the kick-off meeting. (See also the WS Announcement Guide.) FRAND assessment based on technical input at the time of standard setting, without capturing post-standardization value gains or collecting percentages of components beyond the smallest marketable patent practice unit (SSPPU). It applies to all parties interested in the development of a CWA (candidates), to the national members of the CEN and to the CEN-CENELEC Management Centre (CCMC). no circumvention of FRAND licensing obligations by transfers (”privateers”); When SAHs are transferred, implementers should not be worse off the News – Journal of the Licensing Executives Society, Volume LIV No. 4, December 2019 CWAs have a maximum lifespan of 6 years.
After 6 years after the first publication, the CWA will be submitted to the CEN BT(s) (and CENELEC) for a decision on its conversion into another delivery product or its withdrawal, taking into account, where appropriate, the recommendations of the relevant CEN technical group (and CENELEC) and the relevant CEN/CENELEC sectoral forums, discussion groups and coordination groups. 1.14 Once the work described in the project plan is completed, CEN/WS will be dissolved (see also CEN-CENELEC Guide 29 Annex C: Overview of Actions, Responsibilities and Timing Throughout the CEN/CENELEC Workshop Agreement Process). 1.10 The Workshop Secretariat submits the approved CWA to the CCMC with the cover page text and the European Forward (see Annex B of CEN-CENELEC Guide 29). 1.12 A CWA is valid for 3 years, after which the former Workshop Secretariat will consult at least the former Workshop Chair and the relevant Censcés/CENELEC Technical Committees, if any, and the relevant CEN/CENELEC Advisory and Coordination Groups to determine whether the CWA: Subscribe to this paid journal for further articles on topic 1.7 During the kick-off session, the workshop secretary will provide participants with information on: CEN/WS and the planned CWA development process to help them understand how CEN/WS will work (see format for generic information). Thanks to CWA2, a full FRAND licensing framework proposal is now on the table, supported by many major players in the automotive industry and information and communication technologies. Reference to this document will be made many times in Europe and beyond in the future. While CWA2 supporters have a fairly reasonable track record when it comes to patent enforcement, nearly a third of CWA1 supporters have been the target of antitrust complaints or lawsuits: Qualcomm (worldwide), Dolby (see this blog post from a Korean intellectual property law firm), Ericsson (in China), Nokia, and InterDigital, which I sometimes call ”InterDigitroll” (they were investigated in China and prosecuted in the United States). If the project plan provides for the conclusion of the workshop and, in any case, if the draft CWA covers safety aspects, an open comment phase (at least 30 days and 60 days if it covers safety aspects) will be launched. Decision-making, organizational behaviour and performance eJournal All comments submitted during this period will be discussed with the workshop secretariat and the workshop applicant and, in any case, at the latest at the kick-off meeting.
Participation in the kick-off meeting does not automatically secure registration for CEN/WS. After the kick-off meeting, participants who wish to continue contributing to the development of ACW projects will be invited to formally register with CEN/WS by signing the registration form and thus become CEN/WS participants. 1.1 A party interested in developing a CWA should contact a member of the CEN or the CCMC. If the ccMC is the first point of contact, it assists the workshop applicant in finding a CEN member to take over the CEN workshop secretariat, in accordance with the process described in CEN-CENELEC Guide 29, section 4.1. Data is the new oil1 is a phrase that is used a lot these days and for good reason. Data is the new kid in town. Where, in the past, almost no one seemed to care about its potential, its meteoric rise and the thousands of new companies that use it as the basis of their business models have definitely changed that. The amount of data transmitted daily continues to increase every year: data traffic is expected to increase tenfold between 2016 and 2022, and we`ll see nearly a zettabyte2 of mobile traffic by then.3 Add the ”Internet of Things (IoT)” with its ever-increasing number of interconnected devices, and it`s not hard to understand why the current 4G mobile network needs to be replaced urgently. Enter 5G, the technology touted as the key to guiding us through this fourth industrial revolution. A true ”gatekeeping” technology that allows multiple new business opportunities, 5G now sees its key players at the forefront of the race.
Of course, this race for our future communication requires compliance with FRAND rules, which are almost as elusive as they were in the days of past 3G and 4G technologies…