How to declare essential IPRs to ETSI
Guidelines on how to declare an essential IPR and how to make Licensing Declarations to ETSI
To declare your essential IPRs and to tell ETSI about your preparedness to grant irrevocable licenses on fair, reasonable and non-discriminatory terms and conditions pursuant to Clause 6 of the ETSI IPR Policy (Annex 6 of the ETSI Rules of Procedure), you should use the so called ETSI information statement and licensing declaration forms (IS&LD) or the ETSI IPR Online-Declaration Web Service:
1. THE INFORMATION STATEMENT AND LICENSING DECLARATION FORMS
1.1 Where can I find the information statement and licensing declaration forms?
All the information statement and licensing declaration forms are available on the
ETSI Website at the following link: http://www.etsi.org/WebSite/document/Legal/IPRforms.doc.
1.2 What do the information statement and licensing declaration forms consist of?
The information statement and licensing declaration forms consists in fact of three distinctive forms:
- a form for 'General IPR licensing declaration',
- a form for 'IPR information statement and licensing declaration', and
- a form for 'IPR information statement' annex
1.3 When should I use the form for 'General IPR licensing declaration'?
You may wish to use the form for 'General IPR licensing declaration' in all cases where you do not have all the detailed knowledge of the essentiality of your IPR yet, but you want, nonetheless, to tell ETSI about your preparedness to grant licenses under any of your IPR that is or may become essential to
- a Standard; or
- any Standard of a project; or
- all ETSI Standards.
The form for 'General IPR licensing declaration' is submitted instead of the form for 'IPR information statement and licensing declaration' and in most cases without the form for 'IPR information statement annex'.
However, you will need to provide ETSI with a completed form for 'IPR information statement annex' at a later stage in order to provide (or refine) detailed disclosures of essential IPRs to ETSI, as soon as feasible. The latter is due to the fact that the use of the General IPR licensing declaration does not take away the obligation for members to declare essential IPRs to ETSI.
1.4 When should I use the form for 'IPR information statement and
licensing declaration'?
The form for 'IPR information statement and licensing declaration' is used in all other cases, where you want to declare essential IPRs as well as your preparedness to grant licences meeting the requirements of Clause 6 of the ETSI IPR Policy (Annex 6 of the ETSI Rules of Procedure) to ETSI.
The form for 'IPR information statement and licensing declaration' should normally be submitted together with the form for 'IPR information statement annex' to identify the specific IPRs or pending applications which are applicable.
1.5 What do I have to particularly look at while completing and sending
the information statement and licensing declaration forms?
1.5.1 You should complete all fields of the forms as completely as possible (note that where
the complete information is not provided, the declaration will be flagged as incomplete
in the ETSI IPR database).
1.5.2 You should indicate all the countries of registration in cases where you declare a
European Patent; e.g.: Country of registration: EPO (Germany, France, Italy, Spain).
The same applies to an 'international' patent application (PCT-application).
1.5.3 You should ideally use electronic text treatment software to complete the forms, as
this will facilitate the processing of your declaration by the ETSI Secretariat.
1.5.4 Make sure that both Annexes are dated and duly signed by an entitled person.
1.5.5 Send the forms in electronic format by email to
This email address is being protected from spambots. You need JavaScript enabled to view it.
; this will ensure faster
processing of your declaration.
1.5.6 Due to local legal restraints, you also have to send the original paper copy (duly signed
and dated) to the attention of the ETSI Director-General.
2. THE ETSI IPR ONLINE DECLARATION SERVICE
2.1 Where can I find the ETSI IPR Online Declaration Service?
The ETSI IPR Online-Declaration Service is available on the ETSI Website at the following URL: http://ipr.etsi.org/
2.2 What does the ETSI IPR Online Declaration Service consist of?
The ETSI IPR Online-Declaration Service consists of a single web-user interface
2.3 How to use the single web-user interface?
The single web-user interface will enable you to make an online-declaration by using the known information statement and licensing declaration forms. Also, it is intended that you will be able to amend and/or manage your existing declarations.
Using the single web-user interface will also have an impact on the resources of the ETSI Secretariat as the data will be stored in the right format from the beginning so that a reformatting/processing of the declaration is not needed any more and the work of the ETSI Secretariat can focus effectively on the proper checking and validation of the received information.
2.4 What do I have to particularly look at while using the ETSI IPR Online Declaration Service?
2.4.1 In order to be able to access and use the ETSI IPR Online-Declaration Service, you
have to register first.
2.4.2 You should provide the requested information as completely as possible (note that
where the complete information is not provided, the declaration will be flagged as
incomplete in the ETSI IPR database).
2.4.3 Due to local legal restraints, you also have to print out your declaration and send the
paper copy (dated and duly signed by an entitled person) to the attention of the
ETSI Director-General.
2.4.4 An online help file is available to guide you through the technical imponderabilities.
If you have any further questions or inquiries on how to declare an essential IPR and make a licensing declaration to ETSI you can send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. .