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Etsi guide on iprs Page ETSI Guide on IPRs November ETSI Guide on Intellectual Property Rights IPRs Version adopted by Board on November Background The ETSI IPR Policy was adopted by the st General Assembly on November and incorporated in the ETSI Directi

Page ETSI Guide on IPRs November ETSI Guide on Intellectual Property Rights IPRs Version adopted by Board on November Background The ETSI IPR Policy was adopted by the st General Assembly on November and incorporated in the ETSI Directives as Annex to the ETSI Rules of Procedure At a later stage a Technical Body Chairman's Guide on IPRs had been written to help Chairmen and others involved in ETSI's standardization activities to understand and implement the Institute's IPR Policy That Chairman's Guide on IPR had not been endorsed by the General Assembly or the Board and therefore did not have the same o ?cial status as the ETSI Statutes the Rules of Procedure or the Technical Working procedures The Technical Body Chairman's Guide on IPRs is now replaced by the present ETSI Guide on IPRs In the ETSI General Assembly identi ?ed the need to review the ETSI IPR Policy with a view to addressing and rectifying any uncertainties on the operation of this Policy and on any legal rules and obligations on the membership in order to avoid an incorrect implementation of the ETSI IPR Policy and in order to avoid anti-competitive actions An ad-hoc IPR group with a clear mandate to review the implementation of the IPR Policy but not to change the Policy itself was consequently created and recommendations on the operation of the ETSI IPR Policy where approved by the ETSI General Assembly The present ETSI Guide on IPRs embodies most of these recommendations A revised version of the Clause of the ETSI IPR Policy was adopted by the th General Assembly in November This revision was induced by the EC DG COMPETITION in its concern to generate a general awareness of the risk of patent ambush situation in the standard making process The EC DG COMPETITION rationale behind the changes is given in section of the present Guide Foreword Intellectual property plays an important role in standardization especially in the telecommunications and electronic communications sector In that context the likelihood of having Intellectual Property Rights IPRs incorporated into ETSI Deliverables became critical after a few years of existence of ETSI This tension proprietary nature of IPRs versus wide dissemination of standards was minimized with the adoption by the ETSI Membership of the ETSI IPR Policy as found in Annex to the ETSI Rules of Procedure In the preparation of standards IPR issues may arise It is important for all parties involved in the ETSI standards- making process to be aware of their responsibilities and that there is good co-operation between all parties This guide is intended to help ETSI Members and any other party involved in ETSI's standardization activities e g Members Technical Body Chairmen Secretariat etc to understand and implement the Institute's IPR Policy This guide provides explanatory information on how to handle IPR matters in ETSI and does not replace the ETSI IPR Policy which takes precedence in all cases This guide has been endorsed by the Board but does not have the