Legal Matters

The Partnership Project is not a legal entity but is a collaborative activity between the following recognized Standards Development Organizations (SDO):

• The Association of Radio Industries and Businesses (ARIB) – Japan
• The Alliance for Telecommunications Industry Solutions (ATIS) – US
• China Communications Standards Association (CCSA) – China
• The European Telecommunications Standards Institute (ETSI) – Europe
• Telecommunications Standards Development Society (TSDSI) – India
• Telecommunications Technology Association (TTA) – North Korea
• Telecommunication Technology Committee (TTC) – Japan

The Partnership Project is entitled the “THIRD GENERATION PARTNERSHIP PROJECT” and may be known by the acronym “3GPP”.

This section outlines:

• How to apply for permission to use 3GPP trademarked terms and logos
• Details of the terms of use of the 3GPP trademarked terms and the 3GPP, LTE and 5G logos
• The official logo usage guidelines

Individual Members should declare to their Organizational Partners any IPRs which they believe to be essential, or potentially essential, to any work being conducted within 3GPP.

During each 3GPP meeting (TSGs and WGs) a call for IPRs must be made by the Chair using standard wording. For further information contact the PCG Secretary.

List of IPR resources provided by the 3GPP Organizational Partners:

• ARIB – https://www.arib.or.jp/english/std_tr/index.html (STD-T120)
• ATIS – https://www.atis.org/policy/patent-policy/
• CCSA – http://www.ccsa.org.cn/english/ipr
• ETSI – https://www.etsi.org/intellectual-property-rights
• TTA – http://www.tta.or.kr/eng/new/standardization/IMT.jsp
• TTC – https://www.ttc.or.jp/activities/ipr
• TSDSI – https://tsdsi.in/ipr/

During each 3GPP meeting (PCG, TSGs and WGs) a statement relating to antitrust and competition laws must be made by the Chair using standard wording.

During each 3GPP meeting (PCG, TSGs and WGs) a statement relating to the US Export Administration Regulations (EAR) must be made by the Chair by reading verbatim the whole text below.

Statement Regarding Engagement with Companies Added to the U.S. Export Administration Regulations (EAR) Entity List in 3GPP Activities

2020-08-10: In the light of evolving US regulations, the text below is deemed to be obsolete and no longer to be appropriate for Chairmen to read out at the start of 3GPP meetings. We hope to have a definitive resolution concerning the modification or removal of this text in the coming months.

2019-06-03, updated 2019-08-20, replaced 2019-10-10

1. Public Information is Not Subject to EAR
3GPP is an open platform where all contributions (including technology protected or not by patent) made by the different Individual Members under the membership of each respective Organizational Partner are publicly available. Indeed, contributions by all and any Individual Members are uploaded to a public file server when received and then the documents are effectively in the public domain.

In addition, since membership of email distribution lists is open to all, documents and emails distributed by that means are considered to be publicly available.

As a result, information contained in 3GPP contributions, documents, and emails distributed at 3GPP meetings or by 3GPP email distribution lists, because it is made available to the public without restrictions upon its further dissemination, is not subject to the export restrictions of the EAR.

Meeting minutes are maintained for 3GPP meetings. Such meeting minutes for 3GPP meetings are made available to the public without restrictions upon its further dissemination. As a result, information, including information conveyed orally, contained in 3GPP meetings is not subject to the export restriction of the EAR; this would include information conveyed during side meetings that may occur during the main meetings, if these meetings are open to any participants and the results of all said meetings are publicly available without restrictions upon their further dissemination.

2. Non-Public Information
Non-public information refers to the information not contained or not intended to be contained in 3GPP contributions, documents or emails. Such non-public information may be disclosed during informal meetings, exchanges, discussions or any form of other communication outside the 3GPP meetings and email distribution lists, and may be subject to the EAR.

3. Other Information
Certain encryption software controlled under the International Traffic in Arms Regulations (ITAR), even if publicly available, may still be subject to US export controls other than the EAR.

4. Conduct of Meetings
The situation should be considered as “business as usual” during all the meetings called by 3GPP.

5. Responsibility of Individual Members
It should be remembered that contributions, meetings, exchanges, discussions or any form of other communication in or outside the 3GPP meetings are of the accountability, integrity and the responsibility of each Individual Member. In addition, Individual Members remain responsible for ensuring their compliance with all applicable export control regulations, including but not limited to EAR. Individual Members with questions regarding the impact of laws and regulations on their participation in 3GPP should contact their companies’ legal counsels.

(end of EAR statement)