[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR264.3]

[Page 605-606]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 264_INTERNATIONAL INTERCHANGE OF PATENT RIGHTS AND TECHNICAL 
 
Sec. 264.3  Background.

    (a) Pursuant to the provisions of the Mutual Security Act of 1954, 
as amended, and of predecessor legislation superseded by that Act, the 
United States has entered into agreements for the Interchange of Patent 
Rights and Technical Information for Defense Purposes with Australia, 
Belgium, Denmark, France, the Federal Republic of Germany, Greece, 
Italy, Japan, The Netherlands, Norway, Portugal, Spain, Turkey, and the 
United Kingdom. The agreements, which are published in the Treaties and 
Other International Act Series, are basically similar in substance but 
are not identical. Under the agreements:
    (1) Each government undertakes to facilitate the interchange of 
privately owned patent rights and of technical information through the 
medium of commercial relationships, to the extent permitted by the laws 
and security requirements of the contracting governments.
    (2) When technical information is supplied by one government to the 
other for information only, the recipient government undertakes to treat 
the information as disclosed in confidence and to use its best endeavors 
to ensure that the information is not dealt with in any manner likely to 
prejudice the rights of the owner to obtain patent or similar statutory 
protection.
    (3) When technical information supplied by one government to the 
other discloses an invention which is the subject of a patent or patent 
application held in secrecy in the country of origin, the recipient 
government undertakes to accord similar treatment to a

[[Page 606]]

corresponding patent application filed in that country.
    (4) When privately owned technical information is released by one 
government to the other and the recipient government uses or disclosed 
the information, the owner shall, subject to the extent that the owner 
may be entitled thereto under the applicable law and subject to 
arrangements between the contracting governments regarding the 
assumption as between them of liability for compensation, receive 
prompt, just and effective compensation for such use and for any damages 
resulting from such use or disclosure.
    (5) Each government is entitled to use for defense purposes without 
cost any invention which the other government (including government 
corporations) owns or to which it has the right to grant a license to 
use, except to the extent that there may be liability to any private 
owner of an interest in the invention.
    (b) Each of these agreements establishes a Technical Property 
Committee consisting of a representative of each contracting government, 
whose function it is to consider and make recommendations to the 
contracting governments on all matters relating to the subject of the 
agreement and to assist where appropriate in the negotiation of 
commercial or other agreements for the use of patent rights and 
technical information in the military assistance program.
    (1) The Patent Advisor assigned to the Defense Staff of the U.S. 
Mission to the North Atlantic Treaty Organization and European Regional 
Organizations (USRO), Paris, France, is the United States representative 
to the Technical Property Committees in Europe. The J-4, Hq. United 
States Forces Japan, Tokyo, Japan is the United States representative to 
the United States-Japanese Technical Property Committee. A member of the 
Office of Assistant General Counsel, International Affairs, Office of 
the Secretary of Defense, is the United States representative to the 
United States-Australian Technical Property Committee. The appropriate 
representative should be consulted on all problems dealing with patent 
rights, technical information and related matters under the agreements.
    (2) These representatives receive policy guidance from the 
Department of Defense. The Assistant Secretary of Defense for 
International Security Affairs is responsible within the Department of 
Defense for transmitting such policy guidance through appropriate 
channels. Guidance transmitted for the United States representative in 
Europe shall be forwarded to the Defense Advisor, USRO; guidance 
transmitted for the United States representative in Japan shall be 
transmitted to the Commanding General, United States Forces Japan.
    (c) Department of Defense problems arising in the United States in 
connection with the interchange of patent rights and privately owned 
technical information should be referred to the patent activity of the 
appropriate Military Department.

[25 FR 14456, Dec. 31, 1960, as amended at 26 FR 1993, Mar. 8, 1961; 26 
FR 6479, July 19, 1961]