LEGAL CONSIDERATIONS ETSI Seminar 2012 ETSI 2012 All

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

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 IPRs Definitions IPR Information Statement and Licensing Declaration Forms http: //www. etsi. org/Web. Site/document/Legal/ETSI%20 IPR%20 Policy%20 November%202011. pdf § The ETSI guide on IPRs Background/ Guidance on the interpretation of the rights and obligations deriving from the IPR Policy Explanation on the duties of Members, Technical Body Chairmen and the ETSI Secretariat with respect to IPRs Where to find information on essential IPRs Other ETSI IPR Policy matters http: //www. etsi. org/Web. Site/document/Legal/ETSI%20 Guide%20 on%20 IPRs%20 November%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 Ø Members Duty to disclose “essential” IPR in a timely fashion No requirement to conduct IPR searches Ø 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? Ø Read the ETSI Guidelines for Antitrust Compliance and comply with them. http: //www. etsi. org/Web. Site/document/Legal/ETSI%20 Guidel ines%20 for%20 Antitrust%20 Compliance%20 January%202011. p df Ø 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 Advisor legal@etsi. org +33 4 92 94 42 47 Thank you! © ETSI 2012. All rights reserved