Globalization of Materials R&D Time for a National Strategy (2005) / Chapter Skim
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4 The Regulatory Regime as a Driver
4 The Regulatory Regime as a Driver
Pages 94-104
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From page 94... ...
While international treaties on scientific cooperation can clearly drive new R&D activity -- such as increasing the participation of U.S. researchers in European Union (EU)
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From page 95... ...
-- are considered by some in industry as a barrier to the global conduct of business. To compete in the global market and maintain a comparative advantage, U.S.
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From page 96... ...
96 G L O B A L I Z A T I O N O FM A T E R I A L SR & D underlying statutes. Following the terrorist attacks of September 11, the ensuing focus on national security, and the further regulation of the transfer of items and technology that could be related to weapons of mass destruction, the emphasis has remained on control of technology rather than on easing its transfer.
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From page 97... ...
T H E R E G U L A T O R YRE G I M E A S AD R I V E R 97 The underlying statutory authority, the Export Administration Act, dates back to 1979. While that legislation lapsed in 1994 and annual attempts to update and reinstitute the Act have failed, the regime has been kept alive by Executive Order and annual notices.
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From page 98... ...
98 G L O B A L I Z A T I O N O FM A T E R I A L SR & D regulations (ITAR or EAR) can impact the extent to which a transfer or collabora tion across borders takes place.
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From page 99... ...
U.S. law can limit the ability of domestic companies to rely on materials research conducted abroad.
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patent law, impor tation and use of a material made abroad by a process covered by a U.S. patent can itself constitute an infringement of the process patent, regardless of whether the alloy or material itself was a patented composition.4 TAX POLICY The so-called Section 41 R&D tax credit is intended to serve as an incentive for the conduct of certain types of product development research activities and certain basic research.
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From page 101... ...
According to evidence collected from the U.S. scientific community on behalf of the Presidents of the National Academies,6 ongoing research collaborations have been hampered; outstanding young scientists, engineers, and health researchers have been prevented from or delayed in entering this country; and important international conferences have been canceled or negatively impacted.
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From page 102... ...
promulgates standards, rules, and regulations for specific activities as well as hazardous and other material usage. For more information on these regulatory regimes, see Appendix G
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From page 103... ...
The importance of these regimes as a driver of decisions by industry, government, and academia on locating R&D is likely to vary from decision to decision. It seems clear, however, that questions about the security of IP developed abroad, whether the export license process will hinder the execution of an R&D program, whether workers will be available to carry out the research, and what tax incentives might be in place in the locales under consideration would have to be answered in any thorough decision-making process.
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From page 104... ...
researchers are not unreasonably impeded from taking part in international activities of national importance.
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