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While industry needs to maintain its stake in its own investments, the government purchases products that may need customization, development and sustainment within a limited budget. [...]negotiating IP, including data rights, in government contracting is critical to achieving the right balance of retaining what the government requires to develop and field capabilities within budget. Program Executive Office for Intelligence, Electronic Warfare and Sensors (PEO IEW&S) is a complex portfolio of software and hardware systems designed to deliver advanced technologies that give Soldiers UNDERSTANDING THE TERMINOLOGY To understand the complexities of this issue, it's important to define the terminology involved in IP and data rights. o IP describes information, products or services that are protected by law as intangible property, including data (e.g., technical data and computer software), technical know-how, inventions, creative works of expression and trade names. o Data rights is a shorthand way to refer to the government's license rights in two major categories of valuable IP: technical data and computer software. o IP deliverables are products or services (including information products and services) that are required to be delivered or provided to the U.S. government by contract or other legal instrument and that include or embody IP (e.g., technical data and computer software). o IP rights are the legal rights governing IP, including ownership, as well as the license or other authorization required to engage in activities with IP (e.g., make, use, sell, import, reproduce, distribute, modify, release, disclose, perform, display or prepare derivative works of IP). o Commercial computer software means software developed or regularly used for non-governmental purposes that has been sold, leased or licensed to the public or has been (or will be) offered for sale, lease or license to the public. o Noncommercial computer software, also known as "other than commercial computer software," means software that does not qualify as commercial computer software under the definition of "commercial computer software" listed above. o Technical data means recorded information of a scientific or technical nature (including computer software documentation), regardless of the form or method of the recording. The term does not include computer software or data; financial, administrative, cost, pricing or management information; or any other information incidental to contract administration. o Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated or recompiled. The division leverages the expertise of the Intellectual Property Law Division, Army Materiel Command Legal Center to review contract strategy and language as it refers to IP. Since PEO IEW&S is an organization that provides broad capabilities in a multido-main, cross-functional environment, the additional aspect of global partnerships must be considered.