Anne Fitzgerald and Kylie Pappalardo
∗ am.fitzgerald@qut.edu.au Professor, Faculty of Law, Queensland University of Technology, JSD (Columbia), LLM (Columbia), LLM (London), LLB (Hons) (Tasmania), Grad Dip Welfare Law (Tasmania), BSW (UQ), Barrister (Queensland), Practitioner – High Court of Australia. † k.pappalardo@qut.edu.au Research Assistant, OAK Law Project, Queensland University of Technology, BCI (Creative Writing) (Distinction) (QUT), LLB (Hons) (QUT), Grad Dip Legal Prac (QUT). The authors would like to acknowledge the assistance of Jenny Georgiades, who conducted background research for this paper.
Standards are designed to promote the interoperability of products and systems by enabling different parties to develop technologies that can be used together. There is an increasing expectation in many technical communities, including open source communities, that standards will be ‘open’. However, standards are subject to legal rights which impact upon, not only their development, but also their implementation. Of central importance are intellectual property rights: technical standards may incorporate patented technologies, while the specification documents of standards are protected by copyright. This article provides an overview of the processes by which standards are developed and considers the concept of ‘interoperability’, the meaning of the term ‘open standard’ and how open standards contribute to interoperability. It explains how intellectual property rights operate in relation to standards and how they can be managed to create standards that are open, not only during their development, but also in implementation.
