7 - Access to Interoperability Standards and Standards-Essential Intellectual Property

Summary

Having developed a suitable normative approach, this chapter considers how best to achieve this, in light of current international law. A variety of legal modalities (treaty or soft law), fora (e.g. existing or standalone forum) and drafting approaches (multi-stakeholder or expert-led) are considered. An international expert-led soft law approach, outside the auspices of any existing international body, is recommended in the first instance, noting that, in due course, a more permanent forum may be warranted and that, indeed, binding treaty approaches may also be contemplated in the longer term. It is finally considered whether such an approach would remain consistent with existing international law, notably international intellectual property law. It is concluded that the proposed approach would be fully consistent with existing international law.