Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 521

Declaration of Mark D. Selwyn in Support of #520 Opposition/Response to Motion filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Related document(s) #520 ) (Selwyn, Mark) (Filed on 12/20/2011)

Exhibit J

Addendum 1
ETSI/GA29(97)/SCM3
page 2 of 6

Annex 6:
ETSI Intellectual Property Rights Policy

1

Introduction

The General Assembly ofETSI has established the following Intellectoal Property Rights POLICY.

2

Definitions

Temls in the POLICY which are wTitten in capital letters shall have the meaning set forth in the Alticle
15 entitled DEFINITIONS.

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3.1

3.2

3.3

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4.1

4.2

5

Policy Objectives
STANDARDS shall be based on solutions which best meet the technical objectives of the
European telecommunications sector, as defined by the General Assembly. In order to fmther
this objective the ETSI IPR POLICY seeks to Teduce the risk to ETSI, MEMBERS, and others
applying ETSI STANDARDS, that investolent in the preparation, adoption and application of
STANDARDS could be wasted as a result of an ESSENTIAL IPR for a STANDARD being
unavailable. In achieving this objective, the ETSI IPR POLICY seeks a balance between the
needs of standardization for public use in the field of telecommunications and the rights ofthe
owners of IPRs.
IPR holders whether members ofETSI and their AFFILIATES or third parties, should be
adequately and fairly rewarded for the use of their IPRs in the implementation of
STANDARDS.
ETSI shall take reasonable measures to ensure, as far as possible, that its activities which relate
to the preparation, adoption and application of STANDARDS, enable STANDARDS to be
available to potential users in accordance with the general principles of standardization.

Disclosure of IPRs
Each MEMBER shall use its reasonable endeavours to timely infonn ETSI ofESSENTIAL
IPRs it becomes aware of. In palticular, a MEMBER submitting a teclmical proposal for a
STANDARD shall, on a bona fide basis, draw the attention ofETSI to ally of that MEMBER's
IPR which might be ESSENTIAL if that proposal is adopted.
The obligations pursuant to Clause 4.1 above do however not imply auy obligation on
MEMBERS to conduct IPR seal·ches.

Procedures for Committees

ETSI shall establish guidelines for the chairmen of COMMITTEES with respect to ESSENTIAL IPRs.

Addendum 1
ETSI/GA29(97)/SCM3
page 5 of 6
Any right granted to, and any obligation imposed on, a MEMBER which derives from French law and
which are not ah'eady contained in the national or supranational law applicable to that MEMBER is to
be lmderstood as being of solely a conh'actual nature.

13

Policy Decisions

Without prejudice to ETSI's Statutes and Rules of Procedure, no decisions shall be taken by ETSI in
relation to implementation of the POLICY unless suppOlted by a 71 % majority of the weighted
individual votes cast by MEMBERS.

14

Violation of Policy

Any violation of the POLICY by a MEMBER shall be deemed to be a breach, by that MEMBER, of its
obligations to ETSL The ETSI General Assembly shall have the authority to decide the action to be
taken, if any, against the MEMBER in breach, in accordance with the ETSI Statutes.

15

Definitions

1

"AFFILIATE" of a first legal entity means any other legal entity:
• directly or indirectly owning or conh'olling the first legal entity, or
• lmder the same direct or indirect ownership or control as the first legal entity, or
• directly or indirectly owned or controlled by the first legal entity,
for so long as such ownership or control lasts.
Ownership or control shall exist tln'ongh the direct or indirect:
• ownership of more than 50% of the nominal value oftlle issued equity share capital or
ofmore than 50% of the shares entitling tile holders to vote for the election of
directors 01' persons perfonning similar functions, or
• right by any other means to elect or appoint directors, or persons who collectively can
exercise such control. A state, a division of a state or other public entity operating
under public law, or any legal entity, linked to the first legal entity solely tln'ough a
state or any division of a state or other public entity operating under public law, shall
be deemed to fall outside the definition of an AFFILIATE.
"COMMITTEE" shall mean any working party or committee ofETSI and shall include
Technical Committees, Sub Technical Corrnnittees, Project Teams and rapporteur
groups.
"CONFIDENTIAL INFORMATION" shall mean all infOlmation deemed to be
confidential pursuant to Clause 10 ofthe POLICY disclosed directly or indirectly to the
MEMBER.
"EQUIPMENT" shall mean any system, or device fully conforming to a STANDARD.
"METHODS" shall mean any method Ol' operation fully confonning to a STANDARD.
"ESSENTIAL" as applied to IPR means that it is not possible on technical (but not
commercial) grOlmds, taking into account nonnal technical practice and the state of the
ali generally available at the time of standardization, to make, sell, lease, otherwise
dispose of, repair, use or operate EQUIPMENT or METHODS which comply with a
STANDARD without infi'inging that IPR. For tile avoidance of doubt in exceptional
cases where a STANDARD can only be implemented by technical solutions, all of which
are infi'ingements of IPRs, all such IPRs shall be considered ESSENTIAL.
"IPR" shall mean any intellectual propelty right conferred by statute law including
applications therefor other than h·ademarks. For the avoidance of doubt rights relating to
get-up, confidential infonnation, h'ade secrets or the like are excluded from the definition
ofIPR.
"MANUFACTURE", shall mean production ofEQUIPMENT.

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