Update from ETSI IPR committee

Sophia Antipolis, 4 March 2014

The ETSI Special Committee on Intellectual Property Rights (IPR SC) was hosted by the German Federal Network Agency for Electricity, Gas, Telecommunication, Post and Railway, in Mainz (Germany) from 18 to 20 February 2014.

Once again this meeting was attended by a large (72 participants) number of ETSI members, representatives of the European Commission's Directorates General Competition (COMP), Enterprise and Industry (ENTR), Internal Market and Services (MARKT) as well as Communications Networks, Content and Technology (CNECT), the Department of Justice (DoJ) and the Federal Trade Commission (FTC) of the United States, as well as ETSI's partners the European Patent Organization (EPO) and the GSM Association (GSMA).

Injunctive relief was the main focus of the intensive discussions and a high level debate on the availability of injunctions took place. Both essential patent holders and implementers had the opportunity to comment and express their views on a proposal describing safe harbour conditions when injunctions could not be sought. Although no consensus was reached at this stage, the discussions were very fruitful and helpful in improving understanding between the various parties. It was agreed to continue the discussion on injunctive relief with the hope of finding a consensus which could be expressed in a set of rules.

The next IPR SC meeting on 14 to 16 of May will follow-up on the topic of injunctive relief as well as on all other topics (reciprocity, reasonableness), if time allows.