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Newsletters and Bulletins / April 1995 / European Union |
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European Union (EU) - Technical Standards and Intellectual Property
In our Information Letter N.S. 181 we reported on the conflict which had arisen in connection with the European Telecommunication Standards Institute's proposals that might have had the effect of requiring compulsory licensing of Intellectual Property Rights of those involved in standards-making. The problem was that in the proposed policy a party that did not wish to have its Intellectual Property Rights subject to such licensing had to notify the Institute within 180 days of the Institute indicating that it was about to start a work program to prepare any particular standard. It appears that these problems have now been resolved and a new policy was adopted on November 23, 1994. Under the new policy, when a standard is being drafted and it appears to the Institute that use of technology covered by an Intellectual Property Right is required, the Institute will request authorization from the owner of that Intellectual Property Right. The authorization, if given, will bind the Intellectual Property Right owner to the grant of irrevocable licenses to third parties to use the technology in question on "fair, reasonable and nondiscriminatory terms." The owner of the Intellectual Property Right can, however, make the granting of such a license subject to a condition that, if the licensee itself has Intellectual Property Rights, a reciprocal license will be granted. If the owner of the Intellectual Property Right does not agree to authorize use of its technology, the Institute will seek "a viable alternative technology" to incorporate into the standard. If this is not possible, then "work on the standard shall cease."
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