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4 Intellectual Property and Export Control
Pages 118-130

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From page 118...
... If engine materials development is to continue, government funding organizations and corporations must be willing to bear these long-term, critical resource burdens. Materials development, by its nature, is a very expensive proposition, which companies are understandably reluctant to fund on their own.
From page 119...
... In contrast, technology and information gained through product-centric materials R&D are traditionally classified as competitionsensitive and are protected by controls on proprietary information or by legal patents. Materials and processing inventions are protected by patents, whereas materials information critical to the design of the engine product (such as company specifications, quality plans, drawing notes, design data practices, materials property minimum curves, and materials-related design practices)
From page 120...
... and NASA also understood the high cost and risks of materials development; consequently, DOD and NASA sought to encourage industrial collaborative materials R&D and often cost sharing -- thereby avoiding duplicative government materials investment while widening the benefit to multiple engine producers. For example, the Defense Advanced Research Projects Agency (DARPA)
From page 121...
... Collaboration between competing companies, focused principally on precompetitive research, has borne numerous successful developments that benefit both collaborating engine companies and, arguably, the entire materials community. It remains essential that engine producers safeguard pre-existing competition-sensitive information and intellectual property and that collabora tive agreements fairly distribute or share newly developed IP and data rights.
From page 122...
... 4.3 CRITICAL ENGINE MATERIALS The United States has been at or near the forefront of the research and develop ment of advanced electronic materials and nanotechnologies and biomaterials, but it has lost or is losing technical capabilities in those areas most critical to advanced propulsion system design and development. 4 National Research Council.
From page 123...
... A 2000 benchmarking report concluded that "in all probability, the U.S. lead will remain, but that is not a certainty."6 "Research into the production, processing, and development of metallic materials in the United States has continued to decline since 1998.
From page 124...
... 4.4 COLLABORATION AND INTELLECTUAL PROPERTY Collaboration with foreign entities, which may become increasingly important if the United States is to retain access to advanced engine materials and technolo gies, appears to be very limited. In addition, concerns over the handling and protec tion of intellectual property dominate the thinking of U.S.
From page 125...
... Other important challenges were identified: effective collaboration between international teams and compressing the time to commercialization. 4.4.1 Export Regulations Even if corporations and universities are able to work out arrangements for the protection of the intellectual property and are able to enforce those agreements, a dampening effect on international collaborations will be that of export control regulations of the U.S.
From page 126...
... Fundamental research was defined as "basic and applied research in science and engineering where the resulting informa tion is ordinarily published and shared broadly within the scientific community."15 Despite this apparent regulatory relief, generally the space science community remained unclear about the dictates of ITAR requirements. For example, university researchers were confused about the publication requirements cited in the defini tion of "fundamental research" and uncertain about the implications for collab orative scientific research with companies and national laboratories -- which were not covered by the fundamental research exclusion.
From page 127...
... • ITAR-imposed obstacles induce potential international partners to seek alternative foreign research collaborators, such as in China, Russia, and India. The insertion of scientific satellites into the United States Munitions List and the ensuing uncertainties surrounding the fundamental research exclusion have had significant impact on university space science research because of their broad, all-encompassing impact on the discipline.
From page 128...
... dominance in propulsion materials technology. Finding: Delays and uncertainties associated with ITAR requirements hamper and discourage international research collaboration for propulsion materials.
From page 129...
... 4.5.1 Findings Finding: Adequate intellectual property protection mechanisms exist. Finding: Existing IP protection mechanisms within export controls are being used to develop and maintain alliances and consortiums that benefit U.S.
From page 130...
... government enti ties, including the Department of Commerce, should proactively encourage such pre-competitive research opportunities and develop ways to facilitate knowledge transfer within wide, acceptable boundaries.


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