Essential IPR means any and all IPR in any jurisdiction in the world that would necessarily be infringed by implementation of a Specification because there are no commercially acceptable, non-infringing alternatives for implementing the Specification. The availability of a commercially acceptable non-infringing alternative shall be judged according to the state of the art when a Development Milestone (set forth in Section 4(d)) relating to the IPR occurs. Essential IPR shall not include rights in any enabling technologies that may be necessary to implement or use a Specification, such as technology related to the underlying hardware, operating system, middleware, or business processes.
Essential IPR means IPR without which it is not possible on technical but not commercial grounds, taking account of normal technical practice and the state of the art generally available, to make, sell, lease, otherwise dispose of, repair, use or operate equipment or methods, which comply with a Specification without infringing that IPR;
Essential IPR means any and all IPR – in any jurisdiction in the world – which, absent proper authorisation, would necessarily be infringed by Implementing any of the Candidate or Released Specifications because, judged solely on technical and not commercial grounds and taking into account the normal technical practice and the state of the art generally available at the time of defining the Candidate or Released Specifications, there is no non- infringing alternative for Implementing such Candidate or Released Specifications.
Examples of Essential IPR in a sentence
Disclosure is required only where the Participant elects not to waive its right to enforce its Essential IPR under the Waiver Obligations of this Policy and instead elects to follow the Exception Handling procedures of this Policy.
The key to the IPR Policy is clause 6, which provides the legal basis on which an owner of an Essential IPR gives an irrevocable undertaking to grant a licence and thereby protects both ETSI and implementers against “holding up”.
The waiver extends to the enforcement of all future Essential IPR that originates from its waived Essential IPR.
Subject to Section 3(b), as a condition of participating in UN/CEFACT, each Participant agrees to waive its rights to enforce its Essential IPR against any party implementing a Specification from any Forum Group of which Participant was a member or made a Contribution.
Essential IPR disclosure information for each Specification will be made public along with each public Working Draft issued by the Forum Group.
More Definitions of Essential IPR
Essential IPR means in relation to a legal entity and any Approved Zhaga Specification any IPR that (i) is or will be owned, controlled or licensable, subject to the next sentence, by that legal entity, any of its Affiliated Companies or any of its sub-contractors involved in setting that Approved Zhaga Specification; and (ii) which comprises one or more Essential Claims in relation to that Approved Zhaga Specification. Essential IPR shall not include IPR that when licensed pursuant to this Agreement would require a payment of royalties or other consideration by the legal entity granting such license (“Licensor”) to any third party other than the Affiliated Companies and the sub-contractors of the Licensor.
Essential IPR means any Intellectual Property Rights that, on the basis of the state of the art at the time of the approval of the Output, would be, by itself or together with other technologies, required, on technical grounds, to implement the Output;
Essential IPR means either any IPR that must be infringed in order to either use the technology as set out in Specification or implement wireless air interface standards or other industry standard, or that the patent holder claims is essential to use said technology or implement an industry standard.
Essential IPR means any Intellectual Property Rights (as defined below) that contains Essential Claims (as defined below).
Essential IPR means those claims of patents, patent applications, or any other intellectual property rights that would necessarily be infringed by remaining compliant with a published standard including optional implementations thereof provided for in the standards on technical but not commercial grounds taking into account normal technical practice and the state of art generally available at the time of standardization.
Essential IPR means one or more claims in patents, patent applications, and utility models throughout the world (hereinafter jointly referred to as “Patents”) which, absent any license, it is unavoidable that they be directly infringed to make, have made, use, market, import, offer to sell, or sell, and to otherwise directly or indirectly distribute, or otherwise commercially exploit products Compliant with the Required Portions of a Final Specification. For purposes of the application of this definition of Essential IPR, a Patent is only considered to cause direct infringement absent a license if there is no commercially reasonable non-infringing alternative. Explicitly excluded from “Essential IPR” are (i) any claims of any Patent, even if other claims of that Patent are Essential IPR, directed to technology that may be used to develop, design, manufacture, sell or use any product or portion thereof that complies with the Final Specification but is not expressly set forth therein (examples of such technologies include without limitation semiconductor manufacturing technology, compiler technology, object oriented technology, and basic operating system technology), and (ii) any Patent that is not otherwise essential to the Final Specification, but that is essential to any specification and/or standard not made by the Forum that is referenced by a Final Specification.
Essential IPR means essential intellectual property rights as defined in the Intellectual Property Rights Policy.