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Every IPTV system requires the use of a complex mix of intellectual property
rights (IPRs). Ignoring the need to acquire licenses to these IPRs can lead to
trouble.
At the CeBit trade show in Hannover in March of this year, German police raided
the booths of 51 companies at the behest of Sisvel S.p.A. (www.sisvel.com), an
Italian licensing company, which "has the right to grant licenses for the use of
several patent families concerning the MPEG Audio Standard." |
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and offenders were to be subjected to
"investigative and criminal proceedings."
Because IPTV systems combine a number of media
processing, compression and transmission technologies, IPTV is dependent
on open and proprietary standards. Obtaining
licenses to the patents covering these
standards, or ensuring that suppliers will do so, can be a significant
challenge for purchasing agents.
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Most MP3 devices require a license from Sisvel,
who have a well-earned reputation for being exhaustive in their licensing
of MP3 patents. Sisvel lists some 390 licensees on their website including
SanDisk, against whom Sisvel initiated a similar seizure action at the IFA
Expo in Berlin in 2006.
The Hannover Police Department advised all
CeBit exhibitors of its "ZERO tolerance of protected rights at CEBIT
2008." Police reminded participants that it is "a criminal offence" in
Germany "to infringe in protected rights at the exhibition" and warning
that infringements in Germany are "punishable with prison sentences of up
to five (5) years, or a fine."
As many as 180 German police and customs
operators participated in the raid in which certain pieces of equipment
containing MP3 technology were seized and removed from the floor. In
addition, a number of booths were shut down |
If you are purchasingequipment
or assemblies, you can take steps to protect yourself by including an
indemnification clause in the sales agreement or on the back of
purchase orders. The indemnification clause requires to vendor to pay
any financial damages that result for the necessity of paying
licensing fees.
Indemnification, however indelible, does
not remove the responsibility for the purchaser to have or obtain the
appropriate licenses in order to legally operate equipment.
Indemnification only means that you can pursue the vendor for the
recovery of financial losses.
Your best bet may be to take a proactive
approach and determine what licenses you need and if your vendors have
licensed the appropriate technologies for their products and services,
or a good criminal defense attorney who speaks German. |