Data Access

CRE Analysis

11. The proposed revisions to OMB Circular A-110 would have a negative impact upon industry-university-government partnerships.

Background:

Both researchers and some members of industry have raised concerns about the adverse impact on public-private joint research projects that could result from uncertainty over FOIA's intellectual property protections. Industry, it is argued, will become unwilling to engage in partnering activities with university researchers unless private entities can be absolutely certain that company data shared with the federal researchers will not be disclosed to the public and to the companies' competitors. Such reluctance to engage in joint research could significantly slow scientific and technological advancement. Others have argued that patent protection for university research could also be jeopardized, thereby undermining the Bayh-Dole Act and other federal policies.