[20220422]IF12083_国防部采购中的知识产权和技术数据.pdf

https:/crsreports.congress.gov April 22, 2022Intellectual Property and Technical Data in DOD AcquisitionsThe Department of Defense (DOD) relies extensively on the organizations that comprise the defense industrial base (DIB). These entities provide the products and services that enable DODs business operations and warfighting capabilities. In some situations, DOD must also consider the need to obtain intellectual property (IP) and technical data rights in order to operate and maintain the capabilities it acquires. IP rights have grown in importance to DOD as U.S. defense research and development (R&D) spending as a share of global R&D spending has declinedand IP rights are also increasingly important to DIB entities who rely on their portfolios of developed IP to generate profits from their R&D investments. Observers such as the Government Accountability Office (GAO) have said that DOD has not always been consistent in its acquisition and licensing of IP developed at private expense in the past, resulting in “reduced mission readiness and surging sustainment costs” in some instances. In recognition of these trends, Congress has directed DOD to take a number of actions to improve p