Executive Order 12591, "Facilitating Access to Science and Technology", directs federal agencies to take into account, when considering international agreements on science and technology or providing bilateral assistance, whether those countries adequately protect U.S. intellectual property rights. Working through the Department of Commerce S&T Coordinating Committee, the PTO provides technical advice and assistance to the Department of State, the Office of the U.S. Trade Representative (USTR), the Office of Science and Technology Policy (OSTP), and other agencies as requested on the adequacy of protection available in specific countries and recommends appropriate terms for science and technology agreements to address specific intellectual property problems. On request and as resources permit, the PTO also provides knowledgeable personnel to participate in negotiation of intellectual property terms of bilateral agreements. The PTO also works to strengthen U.S. competitiveness by improving the intellectual property protection available in other countries. The PTO has worked closely with USTR and the International Trade Administration on intellectual property issues in multilateral fora such as the GATT, as well as on investigations of Brazil and the Republic of Korea under Section 301 of the Trade Act of 1974, and on other bilateral consultations. The PTO recently has participated in consultations on the adequacy of intellectual property protection in Chile, Singapore, India, Indonesia, Thailand, Malaysia, Mexico, the Philippines, Colombia, Venezuela, Argentina, the Marshall Islands, Micronesia and Taiwan. works extensively with the World Intellectual Property Organization (WIPO) on efforts to revise the Paris Convention, harmonize patent laws, and adopt a treaty for the protection of mask works. The PTO The PTO is responsible for administering Section 914 of the "Semiconductor Chip Protection Qct of 1984". Interim protection is available under the act to foreign mask work owners as an incentive for other countries to pass similar laws. The PTO offers advice and assistance to help developing countries build patent systems. Bilateral agreements with other patent offices, such as the Patent Office of the People's Republic of China and the African Intellectual Property Organization, permit the exchange of information with the other offices. The PTO trains developing country nationals in the protection of intellectual property under these agreements and in cooperation with WIPO. Under a trilateral agreement, the PTO cooperated with the European Patent Office and the Japanese Patent Office to build a file of U.S. and foreign patents from which information can be readily exchanged among the three offices. The agreement also is designed to help coordinate views on harmonizing and strengthening national patent laws. DEPARTMENT OF DEFENSE The U.S. seeks to enhance the security of the free world through promoting international defense science and technology cooperation among allies and other friendly nations while at the same time protecting militarily critical technology from diversion to potential adversaries. Ongoing objectives include the integration of scientific and technological advances into U.S. military capabilities. Through sustained cooperation in technology and development, the U.S. improves the effectiveness of its own defenses, increases mutual compatibility of military forces, and strengthens alliances. The U.S. also continues to encourage allied countries to field advanced military capabilities and to establish or strengthen technology security programs in order to deter the uncontrolled flow of free world technology to the Soviet bloc, hostile countries and terrorist organizations. Strategic Defense Initiative Since President Reagan introduced the Strategic Defense Initiative (SDI), many U.S. allies have expressed interest in participating in this program. Fully recognizing that U.S. and allied security interests are inseparable, the President seeks the development of technologies for defense against ballistic missiles of all ranges. On March 26, 1985 the Secretary of Defense invited the NATO allies along with Australia, Israel, Japan and the Republic of Korea to participate in the SDI effort. The United Kingdom, West Germany, Israel, Italy and Japan have signed Memoranda of Understanding (MOUS) on participation in SDI. Additionally, the Strategic Defense Initiative Organization (SDIO) concluded project-specific Memoranda of Agreement with The Netherlands Organization for Allied Scientific Research in July 1987 and with the Government of Israel in June 1988 covering cooperative research on electro-magnetic launchers and an Arrow intercepter experiment, respectively. While specific provisions of these agreements are classified, they address such topics as intellectual property rights, the transfer of technology and security. The actual scope of allied research and development varies among the participating countries. Participants contribute their unique scientific and technical expertise. The allies can provide access to facilities not currently available in the U.S. and to teams of researchers with special competence in diverse technical areas. Moreover, allied insights into theater defense objectives offer invaluable opportunities for the examination of theater defense architectures. Thus, allied technical capabilities can shorten timetables and reduce the costs of the research and development effort. The following list identifies the status from the beginning of FY 1966 to the end of FY 1988, of allied prime contracts and major subcontracts awarded in conjunction with the SDI research effort. Includes $31.6 million contribution by Israel ** Includes $7.0 million contribution by The Netherlands Armaments Cooperation and Defense Trade The goal of this science program is to achieve maximum return on each R&D dollar spent by coordinating research, development, production, and logistic support. The U.S. and its allies can accomplish this by equitably sharing and protecting mutually developed technology to avoid unnecessary expenditures and duplication of effort. Cooperative joint research development, production and acquisition programs are explored thoroughly. This includes establishing common operation and design requirements, maintaining mission effectiveness, bilaterally sharing technology with near equal benefits, using economies of scale, avoiding duplicative costs, and standardizing forces and equipment to enhance interoperability. Section 1103 of Public Law 99-145 (Nunn Amendment to the FY 1986 Defense Authorization Act) provides funding for the U.S. government to engage in a wide variety of cooperative research and development programs with the NATO allies. Over 100 multilateral and bilateral programs are in various stages of negotiation, with more being planned for 1989. Similar efforts are underway with non-NATO allies including Japan, Israel, Egypt, Korea and Australia. This cooperation and trade is carried out through a framework of coordinated measures to maintain technology security. The Department of Defense (DoD) has made technology security an integral element of agreements with NATO and other allies on cooperative defense programs in technology, such as the SDI, and an important part of other collaborative efforts. Organizations for International Technology Transfer NATO Defense Research Group (DRG). DRG, the highest NATO forum for the discussion of its scientific and technical research needs, conducts research through which cooperative efforts might lead to increasing military capabilities or in cases technological advances are needed for current programs. In 1988 the U.S. participated in seven panels, two special subgroups, and 42 research study groups. Advisory Group for Aerospace Research and Development (AGARD). AGARD was founded to stimulate advances in the aerospace sciences for the common defense of NATO. It annually sponsors 20 symposia and specialist meetings, eight lecture series, and approximately 100 consultations and exchanges between members. AGARD encourages a true two-way flow of technical information between the U.S. and its NATO allies. Supreme Headquarters Allied Powers Europe (SHAPE) Technical Center. The SHAPE Technical Center (STC) provides scientific and technical advice and assistance to SHAPE and Allied Command Europe (ACE). STC analyzes ACE force capabilities, and examines international command, control and communications (C3) for ACE. The U.S. provides 21 scientists and engineers for the center's staff. Drawing upon resources of all the NATO allies, the center annually works on approximately 30 projects that improve the NATO C3 capabilities. Each year STC publishes approximately 20 to 30 reports and enters them into the Defense Technical Information Center system. The Technical Cooperation Program (TTCP). TTCP provides a means to become acquainted with defense research and development activities. The program concentrates primarily on military technology and technologies relevant to defense. Some areas covered include chemical defense, undersea warfare, infrared and electro-optical technology, aeronautics, conventional munitions, and electronic warfare. Australian, British, Canadian, American (ABCA) Standardization Program. The ABCA Standardization Program continues to provide the mechanism for standardizing military operations and technology developments among the participating nations. Information Exchange Agreements Data Exchange Annexes (DEAs). Master Mutual Weapons Development and Data Exchange Agreements (MWDDEAs) are negotiated with each nation in which a program of data exchange is to be undertaken. They specify the general scope of the exchanges, classification limits and channels of correspondence, and provide assurances and procedures concerning the safeguarding of information received. Mutually desired information exchanges in individual subject areas are subsequently and separately agreed to in DEA annexes to the master agreements. It is, therefore, possible to establish a number of separate DEAS with one country covering a spectrum of technologies and applications and also to establish, with a number of countries, specific DEAS in a single technology or application area. Information Exchange Projects (IEPs). Similar to DEAS, IEPS provide for formalized information exchange and cooperation between the Armed Services of the U.S. and other participating nations. The agreements cover operational, tactical and follow-on support of specific equipment as well as the exchange of research, development, and test and evaluation information. Exchange Scientist Program (ESP). The Department of Defense participates in several scientist and engineer exchange Programs. For example, several foreign engineers and scientists are hosted by the U.S. Military Services each year. The Services, likewise, can participate in the program by nominating U.S. scientists and engineers for placement in foreign research and development facilities. ESPS exist with Australia, Brazil, Egypt, France, Germany, Israel, Korea, Norway and Pakistan. Exchanges also occur under The Technical Cooperation Program with the United Kingdom, Australia, Canada and New Zealand. The ESP program involves a broad spectrum of research and development topics, and is valuable in terms of providing hands-on experience with foreign technology and managerial processes. Information obtained is very broad and is generally of a classified nature. The U.S. Army and U.S. Air Force serve as the Executive Agents for the Defense Department. ESP programs with Canada, Spain and the United Kingdom are pending. U.S. - India Research Programs Funded by the Office of Naval Research. In ocean sciences, the Indo-U.S. cooperative research program provides access to marine research. Oceanographically, the intense forcing caused by the monsoon wind regime makes it an ideal natural laboratory to study the mechanisms of physical forcing starting with the wind, the resulting advection and upwelling of the water and the subsequent chemical and biologic changes, particularly increased productivity. Specific programs include: Bioactive substances from the Indian Ocean; DEPARTMENT OF ENERGY Most of the Department of Energy's (DOE) international research and development programs have been undertaken for the direct support they provide to DOE energy security goals and objectives. The DOE approach to international collaboration was clearly stated in "Energy Security: A Report to the President of the United States" submitted by Secretary Herrington in March of 1987. International collaboration on research and development improves the efficiency of investment and maintains momentum for technology development. It helps the U.S. get the biggest The objectives of international collaboration may include one or more of the following: exchanging information, sharing costs, accelerating progress, broadening the intellectual base, reducing unnecessary and inefficient duplication of facilities, and fostering international commerce. Particular emphasis has been placed in the past few years on collaboration based upon early consultation in the planning phase of major research and development activities to facilitate projects of mutual interest. This approach is continuing to grow in importance. In addition to the gains in DOE program effectiveness contributed by international research and development collaboration, such joint activities in all phases of energy research and development speed the development and dissemination of technologies. This, in turn, promotes the growth of safe and effective alternatives to worldwide dependence upon petroleum products, and the enhancement of the energy security of the U.S. and its allies. In FY 1988, the international research and development activities of the DOE grew in scope and were characterized by a continued emphasis on joint project planning with international partners, particularly with member countries of the International Energy Agency (IEA) of the Organization for Economic Cooperation and Development (OECD). The DOE, along with the Department of State, provides the U.S. representation to the IEA, and is particularly active in the IEA Committee on Research and Development (CRD). The CRD encourages international collaborative research in new technologies in the field of energy, and the DOE is the contracting party for the U.S. in 36 energy research and development agreements under the aegis of the IEA. These agreements cover a broad spectrum of technologies, including coal, enhanced oil recovery, alcohol fuels, renewables, energy conservation, fusion, energy technology systems analysis and information exchange. Notable among these is the 1988 Energy Technology Data Exchange agreement, which allows 12 countries to share bibliographic research and development information in all energy fields and is based upon the Energy Data Base maintained at the Oak Ridge National Laboratory. In order to expand the development and dissemination of technologies which reduce dependence upon petroleum products, the DOE has supported the establishment of the Centre for the Analysis and Dissemination of Demonstrated Energy Technologies (CADDET) within the IEA. In March 1988, nine member countries of the IEA signed an agreement to establish CADDET with the purpose of sharing the results of energy technology development efforts applied to specific problems. Utilizing a computer support network, CADDET will receive, analyze and transmit technical and project data on these problems to participating nations. The shared technical applications, which will be drawn from the building, industrial and commercial sectors, are expected to result in further energy conservation, greater energy efficiency and reduced operating costs. |