Feeds

EC acts on patent ambushes

New rules on IP disclosure

Internet Security Threat Report 2014

The European Commission has closed an antitrust investigation into the rules used by the European Telecommunications Standardisation Institute (ETSI), after the standard-setting body changed its rules to remove the risk of “patent ambushes”.

Patent ambushes occur where a participant in a standard-setting body hides the fact that it owns intellectual property rights that are essential for the implementation of a particular standard. Once the standard has been developed and agreed, the participant declares and identifies its rights, obtaining control over the standard.

The practice can result in a potentially unjustified barrier to entry. Even if the essential intellectual property right claim is in itself valid, the company’s actions mean that the possibility of considering alternative technologies has been artificially removed, and that the competitive process has been distorted.

The Commission began investigating ETSI’s rules after concerns were raised that the rules did not sufficiently protect against the risk of patent ambush during ETSI standard-setting procedures.

However, at its General Assembly of 22nd November, ETSI unanimously approved changes put forward by the Commission, which tighten early disclosure requirements.

“Standards are of increasing importance, particularly in hi-tech sectors of the economy,” said Competition Commissioner Neelie Kroes, welcoming the changes.

“It is crucial that standard-setting bodies establish rules which ensure fair, transparent procedures and early disclosure of relevant intellectual property. We will continue to monitor the operation of standard-setting bodies in this regard,” she added.

Copyright © 2005, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Choosing a cloud hosting partner with confidence

More from The Register

next story
MI6 oversight report on Lee Rigby murder: US web giants offer 'safe haven for TERRORISM'
PM urged to 'prioritise issue' after Facebook hindsight find
Assange™ slumps back on Ecuador's sofa after detention appeal binned
Swedish court rules there's 'great risk' WikiLeaker will dodge prosecution
You think the CLOUD's insecure? It's BETTER than UK.GOV's DATA CENTRES
We don't even know where some of them ARE – Maude
NSA mass spying reform KILLED by US Senators
Democrats needed just TWO more votes to keep alive bill reining in some surveillance
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Go beyond APM with real-time IT operations analytics
How IT operations teams can harness the wealth of wire data already flowing through their environment for real-time operational intelligence.
The total economic impact of Druva inSync
Examining the ROI enterprises may realize by implementing inSync, as they look to improve backup and recovery of endpoint data in a cost-effective manner.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.