ETSI GSC IPR 20 April 2015 Presented by Christian Loyau GSC_IPR(15)01_010 © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

72 (remote participation) 80 (remote participation) Meeting information Dirk Weiler (Nokia Networks) and Serge Raes (Orange) respectively re-appointed as Chairman and Vice-chairman Year IPR Meeting # Participants 2015 21 72 (remote participation) 2014 20 80 (remote participation) 19 75 18 68 2013 17 73 16 69 15 14 13 83 2012 12 11   11 meetings Average:  73 © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Background Main Characteristics of ETSI IPR Policy (1) Focus on the most suitable technology for the standards. Early identification and disclosure of essential IPRs, especially in cases where the holder of essential IPR is not prepared to grant licences under FRAND terms and conditions. Ensuring the future applicability of the standards in full respect of the rights of the IPR owner by requesting irrevocable FRAND licensing undertaking. © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Background Main Characteristics of ETSI IPR Policy (2) No involvement of ETSI in any commercial discussion on IPR matters (i.e., terms and conditions of the licenses to be determined by the parties of the agreement). Voluntary, unilateral, public ex ante disclosures of licensing terms for the sole purpose of assisting members in making informed (unilateral and independent) decisions in relation to whether solutions best meet the technical objectives, are not prohibited under the ETSI IPR Policy. In this context, ETSI provides a repository for URLs of IPR owners, which contain the relevant information. © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Scope of the IPR SC to provide advice and guidance to the Director-General, General Assembly, and ETSI Board with regard to IPR related issues when requested to assess, elaborate and propose necessary changes to the IPR Policy and IPR Guide resulting from requests from the Director-General, General Assembly, and ETSI Board, as appropriate  Unless specifically identified by the General Assembly or the ETSI Board, the functions of the IPR Committee are purely consultative © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Changes to the IPR Policy ETSI Intellectual Property Rights policy : integral part of the Rules of Procedures The IPR policy can only be amended by decision of the General Assembly (Article 18 of the Statutes) Consensus or by weighted national voting ( Article 11 of the RoP) ; not less than 71% of the total weighted votes cast to be in favor Weighted National votes; from 29 to 3 © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

ETSI IPR Online Database The current ETSI IPR Database went live in March 2011 at: http://ipr.etsi.org/ and allows online IPR declarations. Evolutions/enhancements mainly based on feedback received from users, are being implemented (e.g., Pre-selected Projects are available as suggestions, disclosures can be created from previous ones). The ETSI IPR Online database is increasingly used, including by non- Members and by companies that were used to using the IPR Licensing Declaration forms in paper form. “Dynamic Reporting” provides access to information on the relationship between patented technologies and standards Snapshot Content (April 2015): 16070 Patent Families have been declared as being essential to 438 ETSI Projects and/or 7057 ETSI Standards by 227 Declaring Companies through 1428 IPR licensing declarations © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Ongoing policy discussions within the ETSI IPR SC (1) In response to the needs of ETSI members, and the ICT industry in general, the ETSI IPR Special Committee (IPR SC) has embarked in discussions on the following topics: FRAND: To day ETSI is operating with the FRAND concept allowing negotiation flexibility – in case of dispute courts and/or ADR available to fix the issue; ETSI is not involved in any manner in commercial discussions. Should ETSI provide guidelines/principles for compensation elements under the FRAND commitment ? Discussions have not been conclusive so far © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Ongoing policy discussions within the ETSI IPR SC (2) Reciprocity: Should ETSI consider the scope of any option that a FRAND undertaking provided in accordance to Clause 6.1 of the ETSI IPR Policy may be made subject to the condition that those who seek licenses agree to reciprocate ? Discussions have not been conclusive so far © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Ongoing policy discussions within the ETSI IPR SC (3) Injunctive Relief: ETSI IPR SC has extensively debated under which conditions a patent owner should/will refrain from pursuing injunctive relief (including an order of exclusion or similar prohibition on importation) ? (such conditions may pertain to the conduct of either or both licensees and licensors.) No decision has been reached – discussions on hold until new developments, e.g. the decision of the ECJ in the Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH case © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Ongoing policy discussions within the ETSI IPR SC (4) Transfer of a Patent Subject to a FRAND Licensing Commitment: In line with the EC horizontal guidelines GA#61 in March 2013 has adopted changes in the IPR Policy such that all successors-in-interest pf SEP are bound by the FRAND Commitment given by the owner to ETSI © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Ongoing policy discussions within the ETSI IPR SC (5) Transparency: In collaboration with EC, ETSI IPR SC investigating how transparency around SEP can be improved by working on the essentiality, on increasing the cooperation with the EPO and starting working with JPO, etc… © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Cooperation ETSI continues its exchanges with WIPO on the ADR option for solving FRAND related disputes New agreements for 2014 MoU with the Global Certification Forum (GCF) MoU with the Open Networking Foundation (ONF) MoU with the Metro Ethernet Forum (MEF) LoI with the EIT ICT LABS LoI with ADCO R&TTE LoI with EURAMET © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Useful links/references ETSI Directives > ETSI Technical Working Procedures, Article 1.8.1 Partnerships Partnership Engagement Process: https://portal.etsi.org/Resources/Partnershipagreements/PartnershipEngagementProcess.aspx Partnership Portfolio: http://webapp.etsi.org/AgreementView/AgreementSearch.asp Partnership Officer: bernardo.correia@etsi.org © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

TruePosition Settlement Agreement ; signed July 10 2014 No cash payment – full release Covenant to train 3GPP elected officials and MCC staff with antitrust/completion issues ETSI is trying to put in place a better protection against unfounded claims creating a financial burden © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Conclusions ETSI IPR Policy is one of the key elements for the success of ETSI’s globally-applicable standards Any change to the ETSI IPR Policy i) should strive to improve transparency while carefully maintaining the existing balance between the legitimate interests of standardization and all its stakeholders, ii) needs to maintain the objective of providing transparent information about the availability of IPRs declared as essential © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

Conclusions Discussions need to be focussed on business and standardization system needs ETSI is facing new challenges and is fully prepared to adapt/clarify its Tools and Directives to meet the requirements of a changing environment, where necessary © ETSI 2015. All rights reserved -GSC_IPR(15)01_010 

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