ASDEFCON Technical Data and Intellectual Property Fram ework
3 Key Points • The new TDIP framework is… – Collaborative • Lead by technical stakeholders with support from commercial. – Streamlined • Improves IP management practices – Commercial • Provides a basis for concrete and constructive negotiations between Defence and Industry 2
ASDEFCON Technical Data and Intellectual Property Fram ework Session 1 Overview / Key Concepts 3
Overview ASDEFCON SM: Form er Approach Insufficient focus on TD as capability enabler Overly broad IP licences Inadequately developed IP Plans Practical complexity in identifying / managing IP categories Inadequate recognition of Software Uncertainty regarding Third Party IP 4
Overview Objectives of New Approach Balancing Defence and • Ensure appropriate balance between Defence IP needs Industry interests and protection of Industry's interests • Better reflecting TD's importance and its relationship with Importance of TD IP • Streamlining negotiation of IP and TD provisions (by Improved negotiation facilitating a better understanding of Req'mts and outcomes motivations of Defence and Industry) Improving IP / TD • Enhancing the IP and TD management practices of management practices Defence and Industry 5
Key Concepts What is Technical Data, Software and Contract Material SOFTWARE TECHNICAL DATA CONTRACT MATERIAL Technical / scientific data, know- Computer code comprising a set Information other than TD / how or info reduced to a instructions / statements used Software reduced to a material form in relation to the by a computer to bring about a material form provided / Materiel System. certain result. required to be provided to CoA under or in connection with the Contract. Example: Example: Example: Application Software • • Operating & Maintenance • Management plans • Firmware Manuals • Contractor performance • Web-based applications • User Guides, Handbooks reports • Compilers, assemblers • Databases, Data, Calculations • Management information • Operating systems • Specifications, Standards • S&Q Services Quotes Run-time environments • • Contract Change Proposals Includes: Source Code • Debuggers and editors (previously captured under • Configuration Mgt tools Software) • Database Mgt systems 6
Overview Why the focus on Technical Data? TD is a fundamental resource for the acquisition and sustainment of a Materiel System Required to establish and maintain technical integrity, configuration control, logistic support, sustainability and availability Sufficient (but not excessive) TD will minimise Life Cycle Cost (LCC) Effective TD Management is required to achieve best whole of life cost 7
Key Concepts Form er Approach New Approach Rights based on categories of TD / Software Rights based on vague / broad IP concepts Background Highly Sensitive TD / Source Code Source Code IP Software Foreground IP Maintenance TD / Software Manual COTS Maintenance Software Manual Commercial TD / COTS Third Software Software Party IP 8
Key Concepts Form er Approach: Prim ary focus was IP Third Party Background IP Foreground IP GFM IP IP Supplies delivered under the Contract Documents for other Pre-existing Software customers Software TD Pre-existing TD Source Code / Design Data Drafts / Working Documents 9
Key Concepts New Approach: Focus on TD / Software that’s Delivered Supplies delivered under Documents the Contract for other Licences customers limited to Pre-existing TD & Software Software Software delivered TD under Contract Pre-existing TD Source Code / Design Data Drafts / Working Documents 10
Key Concepts New Approach: Licensing and Ownership • Focus on TD / Software capability enablers Licensing • Targeted licences : TD / Software ‘delivered under Contract ’ • TD / Software created under contract IP owned by Contractor Ownership • Cth can elect to own IP in certain circumstances (eg national security) • Broad Cth licence to use, reproduce, modify TD / Software for Defence Purposes Right to ‘Use’ • “above the line” contractors licence to use, reproduce, modify TD / Software • Cth can sublicense to different third parties for different purposes Right to • Broad rights to sublicense in respect of "default purposes" sublicense • Sublicensing for other purposes may be subject to restrictions Commercial TD • COTS / MOTS - TD and Software / Software • Contractor obtains licences on ‘best commercial terms’ 11
Key Concepts Categories: TD / Software / Contract Material / GFM Highly Sensitive Commonwealth TD TD / GFM / Highly Sensitive Commonwealth Software Software Commercial TD TD / / Contract Material Commercial Software Software MUTUALLY EXCLUSIVE 12
Key Concepts New Approach Form er Approach Cth or Contractor Contractor Ownership Ownership Foreground, Background TD / Software Categories Third Party IP Rights based on Rights based on IP Categories TD / Software Categories Broad licence of all IP relating Licence to TD/Software to the Supplies delivered under Contract IP Plan / IP Schedule TD & Software Rights Schedule IP Deeds: all Approved IP Deeds: identified Approved Subcontractors Subcontractors only 13
ASDEFCON Technical Data and Intellectual Property Fram ework Session 1 Im portance of TD/ Software 14
Technical Data and Software Overview • IP, Technical Data and Software • Requirements • Process • Products of Process – Master Technical Data Index – Software List • Links within ASDEFCON – Technical Data and Software Rights Schedule
Technical Data and Software TD IP Software “ delivered or technical data required to be delivered” and softw are rights
Capability Life Cycle Project Execution Strategy PES Strategy In Service Risk Mitigation Risk Mitigation and and and Acquisition and Requirem ents Requirem ents Concepts Disposal
Key Requirem ents Docum ents Op era tiona l Concep t Docum ent • describes the characteristics of the capability from an operational OCD perspective • details operational and support Function a nd Perform a nce concepts Sp ecifica tion • specifies mission and support system FPS requirements • specifies what the system is required to do, not how it is required to do it. Sta tem ent of W ork • defines the requirements associated SOW with the work to be performed under the contract
Technical Data Managem ent Identify Data ! Data Acquisition Requirem ents Acquire or ! Create Data Verify/ Validate and ! Accept Data Store, Maintain and Data Use and Managem ent Control Data Use, Distribute and Exchange Data Archive or Dispose of Data
Technical Data Requirem ents Analysis System Activities Purposes Types and Content TD IP Licences and Users Sublicences Rights Restrictions Format
System s Engineering Process Capability Operational OCD Definition Evaluation FPS SOW TD System System Definition Test Subsystem Subsystem Test Definition TD TD Elem ent Elem ent Definition Test Hardware Software TD
Acquisition and Support Technical Data
Support System Support System Constituent Capabilities Operating Engineering Maintenance Supply Training Support Support Support Support Support People People People People People Technical Data Technical Data Technical Data Technical Data Technical Data Processes Processes Processes Processes Processes Facilities Facilities Facilities Facilities Facilities Equipment Equipment Equipment Equipment Equipment IM Systems IM Systems IM Systems IM Systems IM Systems Spares and Packaging
Technical Data List Technical Data List • The complete list of technical data required to enable the Support System Functional Baseline to be met MSTDT Support System Functional Baseline Drawing List • complete, verifiable set of Support System requirements MTDI TDL • Support System Specification becomes the basis for the SSFBL and the development PUBTREE and verification of the Support System TML Master Technical Data Index
Statem ent of Work Technical Data Plan Technical Data List Technical Data • Implementation – create, develop or acquire the technical data in accordance with the Approved TDP – deliver the technical data in accordance with the Approved TDL
Statem ent of Work Systems Engineering Management Plan Master Technical Data Index Software Management Plan Project Management Plan Technical Data Plan Software List Process Hierarchy of Management Plans Integrated Support Plan Software Support Plan Data Accession List PMP Prod ucts SEMP ISP of the Process Software SWMP SWSP SWLIST TDSR Technical Data Schedule TDL MTDI TDP DAL
Link to Rights and Restrictions TDSR Schedule Technical Data List Software List
Differences between the Tem plates Support Support Short Strategic Materiel SM SPT large scale design, development and integration Com plex Materiel (Volum e 2) major components exist but considerable effort is SPTS CM2 required to integrate these or to develop new components or interfaces Com plex Materiel (Volum e 1) CM1 no significant design and development
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