LEGAL CONSIDERATIONS © ETSI 2012. All rights reserved ETSI Seminar 2012.

LEGAL CONSIDERATIONS

© ETSI 2012. All rights reserved

ETSI Seminar 2012

I. ETSI IPR POLICY

© ETSI 2012. All rights reserved

Where do I find the ETSI IPR Policy ?

The ETSI IPR Policy (Annex 6 of the ETSI Rules of Procedure)Rights and obligations of Members, Technical Body Chairmen and the ETSI Secretariat with respect to IPRsDefinitionsIPR Information Statement and Licensing Declaration Forms

http://www.etsi.org/WebSite/document/Legal/ETSI%20IPR%20Policy%20November%202011.pdf

The ETSI guide on IPRsBackground/ Guidance on the interpretation of the rights and obligations deriving from the IPR PolicyExplanation on the duties of Members, Technical Body Chairmen and the ETSI Secretariat with respect to IPRsWhere to find information on essential IPRsOther ETSI IPR Policy matters

http://www.etsi.org/WebSite/document/Legal/ETSI%20Guide%20on%20IPRs%20November%202011.pdf

© ETSI 2012. All rights reserved

MAIN CHARACTERISTICS

No technical reservation for the inclusion of IPRs in standards

Early identification and disclosure of essential IPRs

Ensuring the future applicability of standards in full respect of the rights of essential IPR owners by requesting irrevocable FRAND licensing undertaking (FRAND = fair, reasonable and non-discriminatory)

No involvement of ETSI in any legal and/or commercial discussion on IPR matters (i.e. terms and conditions of the licenses to be determined by the parties of the agreement only)

© ETSI 2012. All rights reserved

DISCLOSURE OF ESSENTIAL IPRs

Members Duty to disclose “essential” IPR in a timely fashion

No requirement to conduct IPR searches

ETSI Publication of disclosed “essential” IPR in the ETSI IPR Database

Users/Implementers of Standards can access information on essential IPRs at http://webapp.etsi.org/IPR/home.asp

No checking of essentiality of the disclosed IPR

Call for IPR by chairmen of technical bodies

© ETSI 2012. All rights reserved

FRAND-Undertaking

FRAND = Fair, Reasonable and Non-Discriminatory

ETSI requesting essential IPR owner to give irrevocable undertaking to grant irrevocable licences under FRAND terms and conditions

IPR owner may give or refuse FRAND licensing undertaking

ETSI has a clearly defined procedure in case of non-availability of licenses, e.g. Article 8 of the ETSI IPR Policy

Ts&Cs of the licenses to be determined by the parties of the agreement and outside ETSI

© ETSI 2012. All rights reserved

II. ETSI GUIDELINES FOR ANTITRUST COMPLIANCE

© ETSI 2012. All rights reserved

Guidelines on Antitrust

What is competition law?It is the law ensuring that:

• barriers to trade are not errected• effective competition in a market is preserved• efficiency, innovation, [lower] free regulation of prices are encouraged

What are the possible implications for ETSI and its Members?

Anti-competitive behaviour will be considered unenforceable and the competition authorities can impose significant fines with regards to such behaviour. In addittion, national courts can impose damages against the infringer of competition laws.

© ETSI 2012. All rights reserved

Guidelines on Antitrust

How to avoid anti-competitive behaviour in ETSI?

Read the ETSI Guidelines for Antitrust Compliance and comply with them.

http://www.etsi.org/WebSite/document/Legal/ETSI%20Guidelines%20for%20Antitrust%20Compliance%20January%202011.pdf

In case of doubt, the assistance of legal counsel experienced in competition law matters shall be sought before proceeding.

© ETSI 2012. All rights reserved

ETSI Legal Advisor

Contact Details:Maissa Bahsoun.

ETSI Legal [email protected]

+33 4 92 94 42 47

© ETSI 2012. All rights reserved

Thank you!