ETSI Takes No Position on IPR Policy, Guide
Monday, December 03, 2018 | Comments

The European Telecommunications Standards Institute (ETSI) said it does not take a position on its intellectual property rights (IPR) policy. The statement comes after a U.S. and two German courts found Hytera Communications infringed Motorola Solutions patents that affect some of Hytera’s Digital Mobile Radio (DMR) products.

ETSI developed the DMR standard, along with other two-way radio standards such as TETRA and digital Private Mobile Radio (dPMR).

Specifically, the German Regional Court of Dusseldorf ruled 20 November that Hytera’s two-way DMR subscriber radios that use Hytera’s “pseudo-trunking” functionality in TDMA direct mode infringe Motorola’s European Patent 2 342 851 B1. That patent describes a “method of efficiently synchronizing to a desired timeslot in a time division multiple access communication system,” according to the European Patent Office’s database.

On 21 November, RadioResource Media Group asked ETSI whether patent licensing is covered under the DMR standard, and if other DMR radio vendors might also be infringing the patent. “Thank you for reaching out, but we don’t provide any statement on this topic,” an ETSI spokeswoman said.

“After receiving a few questions regarding the interpretation of ETSI’s IPR policy and IPR guide, ETSI’s director general wanted to clarify ETSI’s position,” a 3 December ETSI statement said.

“ETSI does not take any position regarding the correct interpretation of its IPR policy and its IPR guide,” said Luis Jorge Romero, ETSI’s director general. “The ETSI IPR policy and the IPR guide texts stand as independent documents in their own rights.”

An ETSI spokeswoman declined to comment on whether the statement related to DMR or the Motorola Solutions and Hytera lawsuits.

“ETSI wishes to reiterate that specific licensing terms and negotiations are commercial matters between the companies and shall not be addressed within ETSI,” the statement said. “The basic principle of the ETSI IPR regime remains fair, reasonable and nondiscriminatory (FRAND) with no specific preference for any licensing model.”

“ETSI has a tradition of neutrality, and this is one of the reasons industry comes to us,” Romero said. “We want to keep it this way for the benefit of all.”

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On 12/4/18, Dr R Chadha said:
RadioResource Media Group has asked a briliant question. Thank you very much for asking the question. It raises an additional question about if any subsidiary of Hytera Communications including a vendor as a parent company is also liable independent of their operating jurisdiction?

It will be helpful to clarify the IP postion on the above.

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