Ex ante disclosure of licensing terms

Ex ante disclosure of licensing terms is a disclosure of licensing terms before a protected technology is selected as part of a standard.

Ex ante disclosure of licensing terms should not be confused with:

  • the disclosure of essential IPRs to ETSI
  • the undertaking of an IPR owner that it is prepared to grant irrevocable licenses on FRAND terms and conditions in accordance with the ETSI IPR policy

Disclosing anticipated licensing terms before the adoption of a standard will allow the standards committee to make an informed decision about different alternative technologies to include in a standard.

The European Commission has stated that ex ante disclosures of most restrictive licensing terms, will not, in principle, restrict competition within the meaning of Article 101 (1) of the Treaty on the Functioning of the European Union.

ETSI and ex ante disclosures

There is no obligation for any ETSI member to disclose any licensing terms related to any of its IPRs.

We maintain a a list of IPR owners (licensors) (see below), along with links to their disclosed licensing terms. We do not directly provide any detailed licensing terms.

Requests to include information in ETSI’s list of ex ante disclosures should be sent to our Legal team.

This website/database provides URLs that link to voluntary, unilateral, public ex ante disclosures of licensing terms that are based on information received by ETSI from potential licensors of essential IPRs, for the sole purpose of assisting members in making informed (unilateral and independent) decisions in relation to whether solutions best meet their technical objectives.

Neither explicitly nor implicitly does any such ex ante disclosure of licensing terms represent ETSI nor its members’ interpretation of fair, reasonable and non discriminatory terms and conditions as set forth in Clause 6.1 of the ETSI IPR Policy. Consequently, ETSI is not taking any position during the drafting phase and/or upon the publication of an ETSI standard and technical specification and is not responsible at any time for determining whether the licensing terms disclosed ex ante are fair, reasonable and non discriminatory.

Neither the fact of having disclosed such licensing terms nor the adoption of a technology after such a disclosure has been made shall be deemed as any kind of endorsement by ETSI or by its members of such licensing terms, or as any kind of acknowledgement of the compliance of such licensing terms with any ETSI Directives.

ETSI cannot be held liable for the contents of such licensing terms. Thus, potential licencees should use the information in this website/database at their discretion.

I have read the terms upon which the present information is made available and agree with it.

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