Protecting intellectual property in US defence acquisitions

The article examines the legislation and practice of IP protection under defence procurementin the USA. The legislation of the US regarding the creation of inventions by FederalAgencies is analysed as well: terms of use of inventions, technical information, software in defenceprocurement. IP rights acquired by the US Government; types of licences granted. Thepractice of IP management in the US Ministry of Defence (DoD), the conditions for licensinginventions, the rights to which belong to the US Government, and the forms of technologytransfer are studied. The following principles of US practice are noted, which are importantfor improving the system of protection of intellectual property rights in the field of defence:a) peculiarities of regulation of the creation of inventions by civil servants and militarypersonnel;b) obligations of Federal Agencies that acquire IP rights to ensure their legal protection,submit applications, and maintain patents in force;c) identification of IP rights objects created by the executors of defence procurement, aswell as by third parties before the conclusion of the procurement contract and which are usedin the products, works, and services that are the subject of the procurement. Acquisition bythe Government of IP rights (licences) for the use of such IP;d) determination of new IP rights objects created during procurement;e) determination of the rights of the state customer and the executor in relation to IPrights created during the execution of defence purchases: (i) only at the expense of the customer,(ii) at the expense of joint financing of the customer and the executor, (iii) only at theexpense of the executor;f) creation of a centralized database of IP, which has been obtained by the Government inthe field of defence, including during defence procurement;g) determination of the procedure for payment by the state customer of royalties;h) determination of the procedure for granting licences by Federal Agencies;i) approximation of IP management principles to DoD practice, which includes, in particular,the IP Cadre that provides assistance on IP in with procurement contracts;j) determination of the principles of technology transfer created in the DoD and its divisions;receiving royalties and payment of remuneration by inventors for the use of IP rights.