If I may chime into this interesting discussion, with reference to revised Article 4.1 of the ETSI IPR Policy, which states:
"Subject to Article 4.2 below, each MEMBER shall use its reasonable endeavours, in particular during the development of a STANDARD or TECHNICAL SPECIFICATION where it participates, to inform ETSI of ESSENTIAL IPRs in a timely fashion. In particular, a MEMBER submitting a technical proposal for a STANDARD or TECHNICAL SPECIFICATION shall, on a bona fide basis, draw the attention of ETSI to any of that MEMBER's IPR which might be ESSENTIAL if that proposal is adopted;"
it's materially important to note the DATE on which such policy changes were endorsed by the ETSI, 11/23/05.
So, my question, relating to the debate going on here re: Q's obligations to disclose essential IPRs to GSM/GPRS/EDGE standards, WHEN did Q's obligation arise? Certainly not prior to the change, as Q was not a "participant" under the old interpretation, when the GSM/GRPS/EDGE standards were developed. Obviously, the changes were made to remedy a situation with which ETSI members were not completely comfortable.
Seems to me, given the date on which these changes took effect, & the date on which Q filed its actions relating to its IPRs in these standards, is sufficient "timely notice" of its IPRs . . . or am I missing something here? |
