Intellectual property management of the U.S. department of defense

下面为大家整理一篇优秀的essay代写范文- Intellectual property management of the U.S. department of defense，供大家参考学习，这篇论文讨论了美国国防部的知识产权管理。长期以来，美国国防部对其投资产生的专利、技术资料和计算机软件等知识产权采取了严格的管理政策，以保障国防利益的最大化。有时尽管将所有权授予承包商，但国防部仍然保留为国防目的免费使用权。

In the decades after World War II, the vast majority of defense r&d funds were paid by the government, and the intellectual property rights of the U.S. department of defense mainly managed the intellectual property rights generated by government investment. Since the 1990s, this situation has undergone a major reversal. The proportion of government investment in national defense research and development has dropped substantially, while private investment has risen substantially. Decades of unchanging intellectual property policies have led to a backlash from private contractors.

In 2000, the total r&d expenditure in the United States was $245 billion, of which only $65 billion was invested by the federal government, accounting for only 26%. Private investment was 180 billion yuan, accounting for 74% of the total. The department of defense accounted for half of the federal government's investment, $22.5 billion, up only $500 million from 1993, seven years earlier. It is difficult for government investment alone to meet the demand for funds for the exponential growth of modern weapon performance. This has forced the department of defense to heavily deploy sophisticated and inexpensive commercial technology in weapons systems. Therefore, the ministry of defense has to reform the previous intellectual property policies vigorously. This paper makes a comprehensive analysis of the reformed policies and regulations of the ministry of defense on intellectual property.

At present, when the ministry of defense transfers technology from the private sector, the main difficulty it encounters is the issue of intellectual property rights. First, private enterprises regard intellectual property rights as their lifeline and will not enter the defense market at the expense of their own rights and interests. Second, procurement officials are wary of new private companies entering the defense market for fear of harming defense interests for commercial gain. Deputy secretary of defense for acquisition, technology and logistics, E. C. Little aldridge had repeatedly asked procurement officials: "you have to learn how to protect the intellectual property rights of commercial technology. "In contract negotiations, commercial companies should be able to negotiate in a way that makes it easier for them to accept the basic needs of the military.

According to the ministry of defense, it is a very difficult task for procurement officials to learn how to attract large and small commercial companies with strong technological innovation ability to the defense market. First of all, for the large American companies that have played a role in the global technological revolution, they have mastered many key defense technologies and are important partners of the department of defense. But they fear losing global control over intellectual property when dealing with the mod, and are therefore unwilling to share their technology or comply with too many of its special requirements. Second, many small businesses in the United States have shorter innovation cycles, lower innovation costs, and greater flexibility than larger companies, making them indispensable to U.S. defense programs. But these smaller companies would prefer the defense department to fund innovation and intellectual property.

The defense department considers the advanced research projects agency to be by far the most attractive institution for commercial companies. They have done a lot of work in moving commercial technology and products to acquisition programs. He is flexible in signing defense contracts with commercial companies and can properly protect their intellectual property rights. Procurement officials seeking commercial technology should first consult the bureau. If a company apportioned its defense r&d costs, it would be most advantageous for the company to own its intellectual property rights. However, since the defense department also Shared the cost, the enterprise could not monopolize its rights. Therefore, the ownership and sharing of intellectual property rights in defense contracts is one of the important issues concerned by both parties.

For a long time, the U.S. department of defense has adopted strict management policies on the patents, technical data, computer software and other intellectual property rights generated by its investment, so as to ensure the maximization of national defense interests. In some cases, although ownership is granted to contractors, the department of defense retains the right to use it free of charge for defense purposes. Now, commercial enterprises have become major investors in defense research funds. The intellectual property policies have failed to attract business, especially nontraditional defense contractors working with the defense department. In the era of knowledge economy, the protection of intellectual property rights is as important to enterprises as the protection of seeds by farmers in the era of agriculture. Conflicts between governments and contractors over intellectual property rights are more pronounced and sometimes become confrontational. Although some improvements have been made, there are still many problems.

The ministry of defense guidance document above gives procurement officials flexible strategies to solve intellectual property issues in contract negotiations. In general, in order to protect the commercial interests of contractors, the ownership of intellectual property rights is not required, and the following fundamental principles shall be taken into account in the licensing requirements.

In formulating the procurement strategy, the department of defense is fully satisfied with the requirements of the licensing right. Including development. Introduce new technologies in the process of production, reception, test, installation, operation, update and improvement of the whole system and life cycle; It also includes interoperability with other systems. And transfer new technology to other programs/systems/platforms.

The defense department has asked contract officials that their intellectual property rights be used only for basic defense purposes. In addition, all effective measures must be taken to protect the technical information delivered by the contractor containing technical secrets and restricted in use.

The delivery of intellectual property rights means that the contractor delivers the intellectual property materials with predetermined content and form, which should be regarded as an essential obligation for the execution of the contract. The post-delivery license means that the ministry of defense can use, reproduce, improve and publish the delivered intellectual property materials. The two should be distinguished before signing a contract to avoid future disputes. The federal procurement regulations the department of defense's supplemental regulations specify the appropriate identification procedures and procedures.

When the department of defense purchases commercial software and commercial technical data, it may deliver and obtain standard licenses in accordance with commercial practices. Specialized intellectual property negotiations are needed only if routine delivery and standard licensing rights are not sufficient to balance the interests of contractors and the defense department. Special negotiations can take place when the ministry of defence makes a special request and is willing to pay for it.

The defense department's policy is to require only the delivery of essential technical data and computer software. Ownership of the technical data and computer software shall be retained by the contractor. Even though the defense department pays 100% of the r&d costs, it only requires licensing. The scope of licensing depends on whether technical data and computer software are commercially available or for military use, the proportion of research and development dollars spent by the military, and the flexibility of negotiations between the two sides. Flexibility policy is reflected in: fair treatment of intellectual property developers; Encourage the use of such intellectual property resources for production. The defense department believes that only by cooperating with the industry on more business-friendly contract terms can it more easily absorb the outstanding results of commercial research and development into defense products, so as to produce products that meet the needs of national defense and provide high-quality services.

National defense is an important field for China to build an innovative country. National defense intellectual property is not only an important part of China's national intellectual property rights, but also has its own specific laws to meet the requirements of national defense modernization. In this regard, several Suggestions are put forward.

The U.S. department of defense USES intellectual property as a gateway to commerce because it needs to import a lot of new technologies from commercial enterprises. Looking into the future, with the development of market economy, China's commercial enterprises will also have a large number of "dual-use military" and "civilian to military" high-tech. China's defense procurement will face a more complex environment. Cultivate innovative consciousness and advocate innovative spirit. Chinese defense procurement officials should change their thinking, raise their awareness, and deal with the intellectual property rights and interests of commercial enterprises in a fair, just and flexible manner.

The innovation achievement is the defense science and technology industry most important knowledge asset and the competitive power fundamental manifestation. It is necessary to establish a sound national defense intellectual property system, ensure the exclusive right of innovative knowledge, further stimulate innovation by bringing economic benefits to invention units and individuals, and ultimately enhance the competitiveness of enterprises. Competitive national defense enterprises have also made great contributions to national defense modernization.

The past policies implemented by the us department of defense have to some extent damaged the intellectual property rights of private enterprises and made a large number of high-tech private enterprises unwilling to cooperate with the department of defense. In recent years, the pentagon has adopted a more flexible approach, granting only essential licenses. The change opens the way for the defense department to use commercial technology. We can draw lessons from our national defense work. March 5, 2002, ministry of science and technology of our country. The ministry of finance has issued several provisions on the administration of intellectual property rights of research results of national scientific research programs and projects. The property rights policies in the provisions are relatively loose. The intellectual property rights are enjoyed by the research and development units, and the state only exercises the rights it has when necessary. The competent department of national defense should also issue relevant regulations.

In order to mobilize the enthusiasm of research and development units for technology transfer, scientific research personnel shall be mobilized to give their own technology to the user without reservation, and the user shall transfer the technology to the researcher in the process of "military to military transfer". Compensation and reward shall be paid for intellectual work, that is, the principle of paid use shall be adhered to. From economic analysis, paid use still belongs to the category of free use, it is the reward or compensation to intellectual labor, its amount is far below commonly use fee. Only in the transfer of technology from military to civilian use and from civilian to military use does the user pay a usage fee in accordance with the market price, i.e., the principle of paid use. Non-payment of both paid fees and user fees also occurs from time to time, mainly referring to the case where the research and development purpose is to provide the user with technical achievements and is adopted by the user. Even in this case, it is necessary to specify the unit, time, scope and corresponding obligations for free use in the development contract.

National defense intellectual property rights are mostly generated by state investment. According to microeconomics, "win-win" situations between investors and researchers are hard to come by. The country pays a few more on use fee, the damage on microcosmic only. Macroscopically, the benefits to the country are long-term and fundamental. The greater the intensity of paid royalty input by the state, the higher the enthusiasm of scientific research institutions for technology transfer, the less waste of resources caused by repeated research and development, and the stronger the enthusiasm and initiative of scientific research personnel in innovative activities. This benign interaction mechanism is conducive to building a strong and innovative national defense.

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