ARMY DIR 2018-26 — Enabling Modernization Through The Management Of Intellectual Property
ARMY DIR 2018-26 governs Army policy for creating, acquiring, using, maintaining, and protecting data and associated license rights.
- Publication number: ARMY DIR 2018-26
- Title: ENABLING MODERNIZATION THROUGH THE MANAGEMENT OF INTELLECTUAL PROPERTY
- Date: 12/07/2018
- Proponent: ASA (AL&T)
- Status: ACTIVE
View ARMY DIR 2018-26 on armypubs.army.mil
The directive addresses technical data, computer software, copyrights, patents, trademarks, trade secrets, and license rights supporting Army acquisition and sustainment. It requires early planning, tailored IP strategies, appropriate license-rights negotiations, and fair compensation for Government and contractor-owned IP.
Applies to: This policy applies to all research and development, requiring, acquisition, sustainment, and contracting activities across the Army.
Topics covered
- Intellectual property management
- Technical data
- Computer software
- License rights
- IP Strategies
- Contractor-owned IP
- Army-owned IP
Questions and answers
Can a contractor be required to sell additional rights in technical data to win a contract?
Consistent with 10 U.S.C. 2320, a contractor or subcontractor may not be required to sell or relinquish to the Government any additional rights in technical data the Government is not already entitled to as a condition of being responsive to a solicitation or as a condition for award of a contract. (paragraph 6)
Can Army activities seek broader data rights than necessary?
Do not seek rights to more extensive data than is necessary. (paragraph 6)
What must an IP Strategy consider about data deliverables?
The IP Strategy must consider the particular data that is required, who paid for the development of which data, the purpose it will be used for, the level of detail necessary, whom the Government needs to share the data with, and the duration of the need for the data. (paragraph 7)
How is contractor-owned IP treated during industry discussions?
Consistent with the intent of FAR Subpart 15.201(f), all contractor-owned IP discussed will be considered proprietary information and nonpublic contractor-owned IP will not be disclosed publicly. (paragraph 6)
How can Army organizations receive value from Army-owned IP?
Army organizations, including labs, depots, arsenals, ammunition plants, and life-cycle software engineering centers, will develop an IP management approach for use of Army-owned IP generated by their organizations (for example, inventions, technical data packages, and software) so that the Army may receive royalties or discounts may be applied to systems bought by Government. (paragraph 6)