Antitrust Modernization Commission: The Need For Study

9/19/2008
(Original Publish Date: 9/30/2004)

The Commission should undertake to study whether antitrust law and policy should require standards-setting organizations ("SSOs") to adopt procedures and intellectual property rights ("IPR") policies that require disclosure -- of the intellectual property to be incorporated in a proposed standard and relevant license terms -- early in the standard development process and prior to voting on the standard in question (ex ante adoption). Consideration should also be given to permitting standards development working groups to discuss these matters so that informed decisions can be made on the desirability of incorporating IPRs in the design of the standard.