On the Timing of ETSI Disclosures

19 Pages Posted: 21 Jan 2022

Date Written: December 17, 2021

Abstract

State-of-the-art ETSI standards for cellular communications are developed by adopting technologies based on technical merit, without consideration to potential patent ownership. A development principle which has helped make them the globally selected and deployed cellular standards, leading to increased competition and economic surplus. Implementers of this technology generally have an interest in continuing to utilize and benefit from the standards development, but at the same time to reduce their cost of access to the intellectual property driving those standards. In particular, some companies have argued that compensation for standards development and IP declared to the standards are overvalued in the market. This article analyses one such argument, “late disclosures”, in light of publicly available data on disclosure practices in ETSI and through conducting deep interviews with standardization experts. The legal position on “late disclosures” taken by multiple implementers in litigation is shown to be at odds with industry expectation and against industry practice.

Keywords: ETSI, FRAND, IPR Policy, Standards Development Organization, SDO, 3GPP, Technology standard, technical merit, consensus, SEP, Disclosure

JEL Classification: L15, L24, O34

Suggested Citation

Brismark, Gustav, On the Timing of ETSI Disclosures (December 17, 2021). Available at SSRN: https://ssrn.com/abstract=3988411 or http://dx.doi.org/10.2139/ssrn.3988411

Gustav Brismark (Contact Author)

Kazehara AB ( email )

Sweden

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