InterDigital Inc (IDCC): Folks--Over the past months, Loop and I...

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Monday, 04/07/2008 3:41:14 PM

Monday, April 07, 2008 3:41:14 PM

Folks--Over the past months, Loop and I have responded to numerous questions about how Nokia and Samsung are claiming that French law applies to the licensing of IDCC's patents an awful lot of times. It is based on the ETSI IPR Policy Rules of Procedure. Here is the provision that Nokia/Samsung are relying on

12 Law and Regulation
The POLICY shall be governed by the laws of France. However, no MEMBER shall be obliged by the POLICY to commit a breach of the laws or regulations of its country or to act against supranational laws or regulations applicable to its country insofar as derogation by agreement between parties is not permitted by such laws.

Any right granted to, and any obligation imposed on, a MEMBER which derives from French law and which are not already contained in the national or supranational law applicable to that MEMBER is to be understood as being of solely a contractual nature.