Replies to post #208529 on InterDigital Inc (IDCC)

[olddog967]

revlis: I believe the following section from the ETSI Policy is what brings French law into play. However, reading it I am not sure how it interrelates to what they call national or supranational law

12 Law and Regulation
The POLICY shall be governed by the laws of France.[/c] 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

[olddog967]

delete; duplicate

[plumear]

revlis, thanks for posting that. I'm trying to understand the writing and whether it somehow supports Mr. Aynes position.

Portions of the section of ETSI rules that you posted state: "6.1 When an ESSENTIAL IPR relating to a particular STANDARD or TECHNICAL SPECIFICATION is brought to the attention of ETSI, the Director-General of ETSI shall immediately request the owner to give within three months an undertaking in writing that it is prepared to grant irrevocable licences on fair, reasonable and non-discriminatory terms and conditions under such IPR to at least the following extent: ............ The above undertaking may be made subject to the condition that those who seek licences agree to reciprocate."

What in your opinion is meant by that last sentence? Does it support Mr. Aynes position? One interpretation I have though of is that it means that those who seek licenses will reciprocate in granting their own IPR on FRAND terms. I appreciate any help on this that you can give