ETSI IPR Policy FAQs
Can you help me with understanding what the Intellectual Property Rights issues are with GSM? My company would like to use GSM for XXXXX, but I don't know what, if any, IPR claims there are for its use.
If your company is interested in developing a product based on ETSI STANDARDS on GSM which might require the utilization of a patent declared to ETSI as essential, you should then contact the patent holder directly.
In order to do so, all references pertaining to essential IPRs declared to ETSI are publicly available on the ETSI IPR Online database of the web site.
What do you mean by a 'Standard' and a 'Technical Specification'?
The date on which a STANDARD is considered to be adopted by ETSI for the purposes of this POLICY shall be the date on which the technical content of that STANDARD was available to all MEMBERS.
According to the ETSI Directives (Annex 6 of the ETSI Rules of Procedure, Article 15.12), 'TECHNICAL SPECIFICATION' shall mean any Technical Specification (TS) adopted by ETSI including options therein or amended version including drafts, the Technical Specifications of which are available to all MEMBERS, but not including any technical specifications, or parts thereof, not made by ETSI.
The date on which a TECHNICAL SPECIFICATION is considered to be adopted by ETSI for the purposes of this POLICY shall be the date on which the technical content of that TECHNICAL SPECIFICATION was available to all MEMBERS.
What is an 'Essential' IPR?
For the avoidance of doubt in exceptional cases where a STANDARD can only be implemented by technical solutions, all of which are infringements of IPRs, all such IPRs shall be considered ESSENTIAL.
Our company intends to manufacture GSM mobile stations. Can you tell me what license fee for all essential patents we will have to pay?
Are you handling it, or do we have to contact all the patent holders separately?
If we have to contact the companies separately, is there any guideline, e.g. x% of revenue as total license fee, since we are working on a business plan right now?
This obligation is fulfilled by the publication of the ETSI Special Report SR 000 314 and the maintenance of the ETSI IPR online database which should be consulted for the most updated information.
Unless otherwise indicated, the owners of the IPRs listed in the above mentioned report and database have undertaken to grant licenses for these IPRs on fair, reasonable and non discriminatory terms as provided by Article 6.1 of the ETSI IPR Policy , Annex 6 of the ETSI Rules of Procedure (of the ETSI Directives).
Where can I find the ETSI IPR Policy?
Does one have to take permission from ETSI for using the patents as listed by ETSI in the Standards?
Does the firm concerned have to pay some consideration to ETSI for utilizing the said patents or while buying the technology from another company?