Intellectual Property and Technical Data Rights: 'It's About the Money'.

摘要

The intersection between Intellectual Property (IP) and Technical Data Rights is one of the most complicated issues in acquisition management. This issue creates significant problems for both government and industry. One of the greatest challenges facing Program Managers today is a renewed emphasis on competition in contracting due to shrinking budgets. Congress and the Under Secretary of Defense for Acquisition, Technology and Logistics (USD AT&L) continue to establish legislation and policies that require greater contractor competition or multiple sources to fulfill government requirements. Intellectual Property is the life-blood of a contractor's business, and the right to protect that Intellectual Property is critical to their maintaining a competitive edge. On the other hand, the availability of technical data and the right to use that data is extremely important for the government to adequately support an acquisition strategy. This paper explores current laws and DoD policy with regard to Intellectual Property and technical data and computer software rights, and makes recommendations on appropriately balancing the government's necessary acquisition of technical data to support procurement and sustainment of weapons systems with contractors' Intellectual Property rights.