ARTICLE · 13 DECEMBER 2017

2018 NDAA Analysis: Intellectual Property Provisions

Holland & Knight

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This is the sixth blog post in a series analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed to by House and Senate negotiators on November 8, 2017.

United StatesGovernment, Public Sector

Holland & Knight

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Mary Beth Bosco is a partner in Holland & Knight's Washington D.C. office

This is the sixth blog post in a series analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed to by House and Senate negotiators on November 8, 2017. Stay tuned for more blog posts covering additional topics in the near future from Holland & Knight's Government Contracts Team.

Introduction

The NDAA Intellectual Property provisions focus on ensuring that the DoD acquisition workforce is knowledgeable about government rights in IP and achieving a more consistent approach to assertion of those rights. The conference version of the 2018 NDAA (H.R. 2810) stresses early identification and pricing of IP rights. It also establishes a "cadre" of IP procurement experts from both within and outside of DoD. The Act creates three pilot programs aimed at streamlining the data rights acquisition process to adapt "agile" commercial practices.

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