Guide to Accelerating New Technology Adoption through Directed Technology Transfer (2014) / Chapter Skim
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Pages 21-29
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21 Tier 1: Foundational/ Organizational Components • Address Societal and Legal Issues • Have an Effective Champion • Engage Decision Makers • Develop a T2 Plan • Identify, Inform, and Engage Stakeholders • Identify and Secure Resources Societal and legal issues present a broad array of T2 challenges to transportation organizations. New technologies, particularly information-sharing technologies, tend to push the boundaries of legal interpretation with regard to individual privacy and corporate security issues.
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22 Guide to Accelerating New Technology Adoption through Directed Technology Transfer meeting the privacy needs of the traveling public. The Fries et al.
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Address Societal and Legal Issues 23 right granted to an inventor by a state that "allows the inventor to exclude anyone else from commercially exploiting his invention for a limited period" (WIPO)
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24 Guide to Accelerating New Technology Adoption through Directed Technology Transfer From the moment a solution to a need is identified, an innovator must be concerned with the ownership of that solution. If an identified solution already exists, its effective use depends to a great extent upon its legal availability.
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Address Societal and Legal Issues 25 Intellectual Property Considerations What Actions Should Be Considered? Assess an available innovation • Does the innovation exist in the public domain?
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26 Guide to Accelerating New Technology Adoption through Directed Technology Transfer Need for funding to support intellectual property rights activities • Hiring outside counsel • Managing licenses • Managing licensees • Developing manufacturing capacity What Are Some of the Tools or Strategies Available for Overcoming the Challenges to Managing Intellectual Property Rights Issues? Gaining support from top and middle management • Articulate the value of well-managed intellectual property rights – Patenting an innovation affords control over the use of the innovation by either limiting competition or selling licenses – Securing a patent limits the fear of theft when demonstrating an innovation to industry – Purchasing a license to use a patented innovation can reduce research and development and other development costs • Push for intellectual property rights activities to be included in the organization's business plan Effective partnering • Consider partnerships carefully; effective partners have – Similar goals – Similar organizational values and ethics – Similar valuation of intellectual property • Balance the intellectual property rights of all partner organizations Organizational education about intellectual property rights issues • Every member of an organization should recognize the value of innovation • Define the roles of each level of responsibility within the organization with regard to intellectual property rights • Encourage a sense of responsibility and respect for the legal issues of intellectual property rights A sufficient budget for intellectual property rights activities • Budgeting for intellectual property rights activities depends largely upon the expectations of the organization's management – Is innovation an occasional occurrence?
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Address Societal and Legal Issues 27 Other Legal Issues: Buy American, Buy America An issue that may need to be considered in a guided T2 effort is the Buy American Act, and the later Buy America provisions. The Buy American Act of 1933 (Act)
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28 Guide to Accelerating New Technology Adoption through Directed Technology Transfer More recently, the Moving Ahead for Progress in the 21st Century Act (MAP-21) amended 23 USC §313 to broaden the application of that law to any contract eligible for FHWA funding "carried out within the scope of the applicable funding, determination, or decision under the National Environmental Policy Act (NEPA)
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Address Societal and Legal Issues 29 Bolan, R
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