GSC-8/GTSC-1/GRSC-1 GSC-8 072

Ottawa, Canada 02-Nov-2021

28 April – 1 May 2003

SOURCE: ETSI

TITLE: ETSI IPR Policy & online ETSI IPR Database

AGENDA ITEM: IPR Working Group

Decision

Discussion

Information X

DOCUMENT FOR:

1. Decision or Action Requested 1

None

2. References
ETSI IPR web pages: http://webapp.etsi.org/ipr/

1
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3. ETSI IPR Policy

3.1 Text and main principle: FRAND

What is commonly referred to as the “ETSI IPR Policy” is the Annex 6 of the ETSI Rules of
Procedure. The ETSI IPR Policy therefore forms an integral part of the ETSI Directives
(“bylaws”).

The full text can be found at: http://www.etsi.org/frameset/home.htm?/legal/home.htm

The two obligations that ETSI Members have to fulfill under the ETSI IPR Policy are:

 Firstly, an obligation of disclosure of essential or potentially essential IPR (Article 4.1).

 Secondly, an undertaking from the IPR owner to grant licenses on “Fair, Reasonable
And Non-Discriminatory terms and conditions” (Article 6.1).

Within that framework, it should be noted that the obligation of information by the Members (Article 4.1) is
to be performed on a bona fide basis and that under Article 4.2 The obligations pursuant to Clause 4.1
above do however not imply any obligation on MEMBERS to conduct IPR searches.

3.2 Implementation

Technical Body Chairman’s Guide on IPRs

This guide is intended to help Chairmen and others involved in ETSI's standardization
activities to understand and implement the Institute's IPR Policy.

The Technical Body Chairman’s Guide on IPRs is available at:

http://www.etsi.org/frameset/home.htm?/legal/ipr_guide.htm
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Systematic call for IPRs at the beginning of ETSI meetings

Technical Body Chairmen are requested to systematically integrate written call for IPRs in the agenda of
every Technical Body meeting.

This consisted in the 3 following actions:

- Inclusion of an item named “Call for IPRs” in the agenda of every meeting that they
are chairing;

- In case of a physical meeting, this IPR Call should also be read out;

- The IPR Call should always be recorded in the minutes of the meeting as well as any
resulting information.

ETSI IPR Forms

The ETSI IPR Information and Declaration forms, as approved by ETSI Board#19, shall be used
by any IPRs holders wishing to make their IPR Information Statement and Declaration to ETSI.

These forms can be downloaded from the ETSI IPR Database home page at:
http://webapp.etsi.org/IPR/home.asp

http://www.etsi.org/legal/IPR_database/IPRforms-V3.doc.

These forms, once filled in and duly signed, should be returned to the ETSI Director General.

4. Information on IPRs
Article 7.2 of the ETSI IPR Policy requires that “ETSI shall establish appropriate procedures to allow
access to information at any time with respect to ESSENTIAL IPRs which have been brought to the
attention of ETSI.
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This is achieved by the maintenance of the online ETSI IPR database and the publication of the
ETSI Special Report 000 314.

4.1 The ETSI IPR Online Database

Where to access it?

Information pertaining to IPRs in ETSI is available at: http://webapp.etsi.org/IPR/home.asp

Searches can be made in the ETSI IPR online database at:

http://webapp.etsi.org/IPR/Search.asp.

What to find?

The online ETSI IPR database contains IPRs, particularly patents and patent applications, which
have been notified to ETSI as being essential, or potentially essential, to ETSI standards.

The online ETSI IPR database provides data that is based on the information received. ETSI
has not checked the validity of the information, nor the relevance of the identified
patents/patent applications to the ETSI Standards and cannot confirm, or deny, that the
patents/patent applications are, in fact, essential, or potentially essential. No investigations,
nor IPR searches, have been carried out by ETSI and therefore no guarantee can be given
concerning the existence of other IPRs which are, or may become, essential.

The purely informative character of the online ETSI IPR database is now specifically
highlighted to users. Since 4 February 2003 the user, when accessing the online ETSI IPR
database, is actively warned (automatic pop window) about the informative nature of the data
he/she is accessing and is requested to confirm that has read the terms of above paragraph.

Some statistics
As of 17 April 2003, a total of 87 companies have made IPR Licensing Declarations to ETSI
and the online ETSI IPR database contains more than 7700 entries.
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As demonstrated by the chart in the power point document of Annex I, the growth of the online ETSI IPR
database has been explosive over the last few years.

The below graph represents the different projects for which IPRs have been declared, showing that most of
IPR Declarations are related to mobile phones technology.

FAQs

FAQs concerning the ETSI IPR Policy and the online ETSI IPR database are to be consulted at:
http://www.etsi.org/legal/IPR_database/FAQ_IPR-Database.htm

4.2 ETSI Special Report 000 314

ETSI also publishes, twice a year, a Deliverable dedicated to IPRs, the Special Report 000 314.

The last SR 000 314 "Intellectual Property Rights (IPRs); Essential, or Potentially Essential, IPRs
notified to ETSI in respect of ETSI standards" was published in November 2002 and a new
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version is about to be published soon.

The ETSI Special Report offers a summary of the information contained in the ETSI IPR
online database.

In case of a conflict between the information contained in SR 000 314 and the information
contained in this database, the contents of the database takes precedence.

The ETSI Special Report 000 314 can be downloaded from the home page of the online
ETSI IPR database: http://webapp.etsi.org/IPR/home.asp

4.3 3GPP IPR Register

Individual Members of the Third Generation Partnership Project (3GPP TM) should declare, to their
Organizational Partners, any IPRs which they believe to be essential, or potentially essential, to any work
ongoing within 3GPP.

The 3GPP has produced a table, the “3GPP register” that attempts to centralize all the
different IPR database from the 3GPP Organizational Partners.

Members of the GTSC are encouraged to contribute to this table which is available
at:http://www.3gpp.org/legal/legal.htm
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5. Database growth

IPR Database Shows Explosive Growth

Entries www.etsi.org/ipr

8000
7100
7000
6000
5000 4627

4000
3000
2000 1528
800 950
1000
0
Jan-99 Jan-00 Jan-01 Jan-02 Jan-03

Years

6. Questions on IPRs
Any queries should be directly addressed to the ETSI Legal Adviser, Mr. Tronchon,
mailto:stephane.tronchon@etsi.org.