Standards, Intellectual Property Rights (IPRs) and Standards-setting Process

Esteban Burrone, Consultant, SMEs Division, WIPO.

1/01/2005
(Original Publish Date: 2000)

"It is virtually impossible today", according to one source, "to develop an audio or video coding standard with a reasonable performance that does not require the use of one or,more likely, several patents."1 The statement is not just true for video and audio coding butapplies to a number of other products, particularly in the fields of telecommunications and electronics. What this means is that companies willing to manufacture products that complywith certain standards may need to use patented technology, for which prior authorization from the patent holder will be required. This raises several issues for business, patentholders and standard development organizations. This article provides some insights on how IP is treated during the standard-setting process and what implications this may have forbusiness.