Navy Official: Concerns About Intellectual Property Rights Becoming More 'Acute'
"Capt. Samuel Pennington, major program manager for surface training systems, said the fear of losing data rights can sometimes make companies reluctant to work with the government.
“We get feedback sometimes where they’re not willing to bid on a contract where we have full data rights,” he said. “Industry [is] not going to do that because they have their secret sauce and they don’t want to release it.”
Pennington said having IP rights would allow the Defense Department to more easily modernize and sustain equipment.
“Our initiative is to get as much data rights, or buy a new product that has open architecture to the point where [the] data rights that we do have are sufficient, where we can recompete that down the road,” he said. This would prevent the Navy from relying on the original manufacturer for future work on the system, he noted.
The issue is also being discussed on Capitol Hill, Merritt added. The fiscal year 2018 National Defense Authorization Act requires the Pentagon to develop policy on the acquisition or licensing of intellectual property. Additionally, the NDAA requires the department to negotiate a price for technical data rights of major weapon systems."
