1. Halifax, 31 Oct – 3 Nov 2011ICT Accessibility For All Dirk Weiler Chairman of the ETSI IPR Special Committee Document No: GSC16-IPR-02 Source: ETSI Contact: Dirk Weiler Source: Erik Jansen (ETSI Legal Director) GSC Session: IPR Agenda Item: 4.1 Activities / Developments related to the ETSI IPR Policy

2. GSC16-IPR-02 Halifax, 31 Oct – 3 Nov 2011ICT Accessibility For All Background Main Characteristics of ETSI IPR Policy No technical reservation for the inclusion of IPRs in standards. Early identification and disclosure of essential IPRs. Ensuring the future applicability of the standards in full respect of the rights of the IPR owner by requesting irrevocable FRAND licensing undertaking. No involvement of ETSI in any commercial discussion on IPR matters (i.e. terms and conditions of the licenses to be determined by the parties of the agreement). Voluntary, unilateral, public ex ante disclosures of licensing terms for the sole purpose of assisting members in making informed (unilateral and independent) decisions in relation to whether solutions best meet the technical objectives, are not prohibited under the ETSI IPR Policy. In this context, ETSI provides a depository for URLs of IPR owners, which contain the relevant information. 2

3. GSC16-IPR-02 Halifax, 31 Oct – 3 Nov 2011ICT Accessibility For All New ETSI IPR Database (1) DARE Project The new ETSI IPR Database went live in March 2011. The main reason for the new ETSI IPR database was to increase the transparency of the IPRs that have been declared as being potentially essential to ETSI. The database is available under http://ipr.etsi.org/.http://ipr.etsi.org/ All legacy data of the previous database have been migrated to the new ETSI IPR database. It allows declarants to make IPR declarations online, ensuring compliance with the mandatory form sheets. ETSI is further developing the new ETSI IPR database based on feedback received by users and ETSI members and will implement shortly the first set of evolutions/ enhancements. 3

4. GSC16-IPR-02 Halifax, 31 Oct – 3 Nov 2011ICT Accessibility For All New ETSI IPR Database (2) Increase of Transparency Patent data is normalized with data from the EPO database - espacenet. Provides transparency and actuality with regards to patents and their patent families. Provides features allowing to search the content of the database by declaration as well as by the different data instances contained in each declaration. Relationships between elements contained in the publicly reflected IPR declarations can be analyzed by obtaining e.g. statistical overviews and specific details of the information contained in the concerned IPR declarations (“Dynamic Reporting”). All declarations are available in scanned form. All data captured in a consolidated form in an ETSI special report available twice a year. 4

5. GSC16-IPR-02 Halifax, 31 Oct – 3 Nov 2011ICT Accessibility For All New ETSI IPR Database (3) Snapshot Content (End September 2001) 111 049 Patents equalling approx. 9325 Patent Families have been declared as being essential to 209 ETSI Projects and/or 4764 ETSI Standards by 171 Declaring Companies through 1145 IPR licensing declarations. 5

6. GSC16-IPR-02 Halifax, 31 Oct – 3 Nov 2011ICT Accessibility For All Software Copyright Guidelines (1) In 2008 ETSI started a discussion on software copyright The ETSI IPR Special Committee (an advisory committee for IPR policy questions) discussed the framework and the details of such guidance on software copyright in a series of meetings with all stakeholders. In June 2011 the IPR SC endorsed modifications to the ETSI IPR Policy (RoP Annex 6) and the ETSI Guide on IPR to ensure the appropriate handling of software copyright issues. The envisaged modifications to the ETSI IPR Policy and the Guide on IPR as detailed on the next page will be brought to the ETSI General Assembly in November 2011 for approval. 6

7. GSC16-IPR-02 Halifax, 31 Oct – 3 Nov 2011ICT Accessibility For All Software Copyright Guidelines (2) ETSI IPR policy modifications and additions in clauses 9.2-9.4 and 15.14 - ETSI IPR Guide modifications and additions to the sections Background, 2.1.5, 2.4.5., 2.4.6, 2.5 In summary the following approach will be applied: (a)In general, there shall be no requirement to use software incorporated in an ETSI Standard or Technical Specification in order for an implementation to conform to this Standard or Technical Specification ( exceptions: data/ stream structures & conformance testing); (b)The copyright license as defined in the ETSI IPR policy for contributed software shall come “automatically” on a royalty-free basis whenever copyright protected software is contributed “silently”, but the option exists at the contributor’s discretion at the time of contribution to give an irrevocable FRAND licensing undertaking instead; (c)The basic principle of the ETSI IPR regime remains FRAND. 7

8. GSC16-IPR-02 Halifax, 31 Oct – 3 Nov 2011ICT Accessibility For All Conclusions ETSI IPR Policy is one of the key elements for the success of ETSI’s globally-applicable standards. Providing access in a transparent fashion to IPRs being declared as essential to ETSI Standards and Technical Specifications is a basic element in the framework of the ETSI IPR Policy. ETSI is effectively facing new challenges and, where necessary, adapts/clarifies its Tools and Directives to meet the requirements of a changing environment. 8

9. GSC16-IPR-02 Halifax, 31 Oct – 3 Nov 2011ICT Accessibility For All Thank you for your attention For further information please contact: Legal@etsi.org 9