Rethinking ITU intellectual property right policy in response to challenges of intellectual property rights surrounding ICT standards

Abstract

Considering that the ITU IPR policy does rather little to help the 3G standard-in fact, 3G is struggling in the patent mire, arguably, it is time to rethink the ITU IPR policy. Under the current policy, no one could know with reasonable assurance how many patents will implicate the standard in question; how will they be licensed, one by one, or via patent pool, or the combination; how much the total royalty burden is likely. Though standard setting organization should not deeply involved in IPR affairs, it is argued here that at least, ex ante RAND should be encouraged, and declaration of licensing via a future patent pool could be an option.