Sec. 242. Review and assessment pertaining to transition of Department of Defense-originated dual-use technology
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The Under Secretary of Defense for Research and Engineering shall— conduct a review of the Department of Defense science and technology enterprise’s intellectual property and strategy for awarding exclusive commercial rights to industry partners; and assess whether its practices are encouraging or constraining technology diffusion where desirable. The review and assessment required by subsection
(a)shall include consideration of the following: The retention or relinquishment by the Department of intellectual property rights and the effect thereof. The granting by the Department of exclusive commercial rights and the effect thereof. The potential of research prizes, vice payment and exclusive commercial rights, on contract as remuneration for science and technology activities. The potential of science and technology programs with intellectual property strategies that do not include commercialization monopolies. The potential of establishing price ceilings for licenses and commercial sale mandates to discourage selective commercial hoarding. The activities of the Department in effect on the day before the date of the enactment of this Act to promulgate to approved users in the commercial sector the intellectual property that the Department retains and their potential applications. Such other major factors as may inhibit the diffusion of Department-funded technology in the commercial sector where desirable. In carrying out subsection (a), the Under Secretary shall partner with a business school or law school of a university with resident economics and intellectual property expertise. Not later than May 1, 2020, the Under Secretary shall submit to the congressional defense committees a report on the findings of the Under Secretary with respect to the review and assessment required by subsection (a). The report required by paragraph
(1)shall include such recommendations as the Under Secretary may have for legislative or administrative action to improve the diffusion of the intellectual property and technology of the science and technology enterprise of the Department.