Intellectual Property Rights (IPRs)

ETSI’s ambition is to produce globally applicable, high-quality standards, that meets with the state of the art of ICT innovation. ETSI relies on its international membership, which is made up of a wide range of major and high-profile stakeholders. This also means that technological contributions included in an ETSI standard may contain patented technologies, that hence become essential for the good implementation of the standard.

For this reason, ETSI defined an Intellectual Property Rights (IPR) Policy based on Fair, Reasonable And Non-Discriminatory (FRAND) licensing commitment, which balances the needs of standardisation for public use with the rights of IPR owners. The double-objective is to:

• Encourage IPR owners to submit their most innovative technologies, with the possibility to be fairly rewarded for the use of their Standard Essential Patents (SEPs).
• Enable implementers of ETSI standards to have access to such technologies under FRAND conditions.

In accordance with the ETSI IPR Policy, our Members commit to disclose their Standard Essential Patents in the ETSI IPR database. Other stakeholders may use the same procedure to disclose their SEPs in the ETSI IPR database.

Public Statement

We issue this public statement to clarify that ETSI does not take any position regarding the correct interpretation of its IPR policy and its IPR Guide. The ETSI IPR Policy and the IPR Guide texts stand as independent documents in their own right.

It is reiterated that specific licensing terms and negotiations are commercial matters between the companies and shall not be addressed within ETSI. The basic principle of the ETSI IPR regime remains FRAND with no specific preference for any licensing model.

ETSI IPR Online Database

digital form checklist

The ETSI IPR online database provides public access for information to patents which were declared as being essential or potentially essential, to ETSI and 3GPP standards.

During the proposal or development of a standard, ETSI members must inform the Director General in a timely fashion if they are aware that they hold any patent that might be essential.

Disclosure of Standard Essential Patents (SEP) holders are requested to provide an irrevocable undertaking in writing that they are prepared to grant irrevocable licenses on Fair, Reasonable And Non-Discriminatory (FRAND) terms and conditions.
Prior to making a patent licensing decision and implementing any SEP contained in the ETSI IPR Database, potential licensees shall always contact the declarant.

The Bulk upload feature of the ETSI online database enables users to upload large amounts of SEPs in one file and optimise the time spent on the interface.

The update tool enables users to update their unnormalised SEPs in reflected declarations. This means the patent-related information was not yet available at the time of the disclosure, and declarants are encouraged to update such disclosures when the data becomes available in the European Patent Office (EPO) database.

What is a normalised / un-normalised patent number and how is it displayed?

Normalised patent numbers are imported from the European Patent Office (EPO) Espacenet database, these patent numbers appear in black. With the direct link to EPO’s database, it is possible to access directly all patent related information by clicking on the patent number.

Document and with an alert

Un-normalised patent numbers do not match with any number from the Espacenet database and are created manually. These numbers appear in purple so that users can easily distinguish the type of data that is displayed. These numbers might be correct, but they are not checked and they do not have link to Espacenet database.

Copyrights

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ETSI standards are publicly available for consultation from the Standards section of the ETSI website.

The ownership of the copyright in standards created by ETSI or any of its committees shall vest in ETSI.
ETSI is responsible for the copyright management having all rights reserved.

The reproduction of parts of ETSI standards and other ETSI material may be allowed provided a request is made using the ETSI Copyright Licence request form.

The copyright authorisation shall never imply a license on any potential SEP.

Where software is included in any element of an ETSI standard, the software owner grants, without monetary compensation an irrevocable, non-exclusive, worldwide, royalty-free and sub-licensable copyright license to prepare derivative works and reproduce, display, distribute and execute the contributed software and derivative work to ETSI, ETSI members and any implementer for limited purposes (see Section 9.2 of the ETSI Directives).

Antitrust Guidelines

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Anti-trust legislation exists to prevent unfair business practices.

ETSI’s position as a recognised European Standards Organisation does not exempt ETSI nor its members, from the application of competition law.

Practical guidelines on how to ensure compliance with relevant laws on antitrust are part of the ETSI Directives.

Please contact [email protected] for further information.

The following USER GUIDES are available to assist you in the process.

  • ETSI Policy

    How can I disclose Standard Essential Patents (SEPs) by using the ETSI IPR online database?

    Download the ETSI IPR online disclosure guide.

    Download
  • ETSI Policy

    How to use IPR un-normalised patents update feature

    Download the user Guide.

    Download
  • ETSI Policy

    How to use IPR un-normalised patents update feature (with screen records)

    Download the user Guide.

     

    Download
  • ETSI Policy

    Power BI Dashboard

    Download
  • ETSI Policy

    IPR CSV export files

    Download
  • ETSI Policy

    SQL Generic Query Access

    Download

Discover our eLearning about ETSI IPR Policy

Course

First page of the audio presentation titled Introduction to the ETSI IPR Policy

ETSI IPR Policy

Welcome to this introduction of the ETSI IPR Policy, which provides the framework to manage essential Intellectual Property Rights in standardisation work in ETSI.

Read more
ETSI IPR Policy