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To: carranza2 who wrote (144415)	8/23/2006 9:49:45 PM
From: rkral	Read Replies (2) \| Respond to of 152472

The office of the Directorate Generale Competition of the European Commission was consulted during revision of Article 4.1 of the ETSI IPR Policy. The DG Competition had this to say: “The addition of the phrase “in which it participates” therefore addresses the concern expressed by some ETSI members, and also means that to the extent that a member is not participating in an ETSI standards development committee/working group but becomes aware of certain essential IPRs, a general obligation to inform ETSI of the essential IPRs remains”. [emphasis mine] etsi.org (pg 16) The phrase "in which it participates" became "where it participates" in the following revision of Article 4.1 ... "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." etsi.org I think the legal opinion of the DG Competition supports my position that an ETSI member does not have to actively participate, passively participate, or even attend standards development meetings to be obligated to disclose essential IPR in a timely manner. Of course, a member has to have knowledge of essential IPR in order to disclose it.