Watch On-Demand: Intellectual Property in Government Procurement Competitions

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In this recorded webinar presented by the Center for Government Contracting, experts discuss intellectual property (IP) in today’s government contracting marketplace. The proper exercise of IP in government procurement and contracting has become an issue of considerable importance in the Defense Department. When government fails to leverage its IP rights, it may pay more than it must for bespoke materiel from otherwise competitive industries. On the other hand, exercising those rights too strongly can damage industry’s incentives for innovation, potentially limiting the flow of those innovations to the military. These are both negative consequences for national security in a time of tightening military budgets but heightening military competition.

The IP stakes in IP management are thus high. What then is the value of IP to buyer and seller? What determines this value? How can the buyer and seller secure and maintain a value to which both with agree? To examine the value of IP rights, this discussion begins with a focused comparison of the Defense Department’s treatment of IP in two recent programs to buy trucks for the US Army and Marine Corps. Three of the panelists were members of the Section 813 panel created to assess the technical data rights, restrictions, and regulatory mechanisms for their compatibility with national economic and defense interests.

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