ATIS 3GPP Individual Members are bound by ATIS’ Intellectual Property Rights (IPR) Policy (see section 10 of the ATIS Operating Procedures). ATIS 3GPP Individual Members should declare to ATIS any IPRs which they believe to be essential, or potentially essential, to any work being conducted within 3GPP. ATIS maintains a list of patent assurances.
ATIS 3GPP Individual Members also agree to be bound by the 3GPP Working Procedures that are in effect and as they may be amended from time to time.
U.S. Export Administration Regulations (EAR)
In 2019, the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce added Huawei Technologies Co., Ltd and its foreign affiliates (Huawei) to the Entity List under Export Administration Regulations (EAR) for national security reasons.
The BIS issued an Interim Final Rule that recognizes that “international standards serve as the critical building blocks for technological development by enabling functionality, interoperability and safety…”. The Interim Final Rule, effective on June 18, 2020, will allow U.S. companies to participate in standards-development organizations in which Huawei is a participant.
With certain identified exceptions, technology that would have required a license to be disclosed to Huawei after Huawei’s placement on the Entity List will now be permitted to be disclosed for the purpose of standards development in a standards-development body without need for an export license.
Note that the Interim Final Rule applies only to Huawei and its Affiliates. No change has been made in connection with other firms that may be Individual Members and are included on the Entity List.
It should, therefore, still 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.