' l .,, 

------- ·· · · ---- · -----:RE=-=F~1=-=n~:--=A:-::1:i"""'.o::.-4=-=s-=a...,..e,.-----------..-~ .,..... __ --· ·-

Pr'OJl28ed State.ro.ent re Di•oloeure ot Information 

j'.o iii proaente,d a.t O.E!~.M zqe•t!!\i 

Bet'ore beginning the real buaineea of the Oonterence I thtnk it 

necesaary to invite yoUl" attention to the faot that there are in en~ence 

c•rtain qreemente between the United K:Lnadom. ot Gr.eat Britain and Northern 

Ireland and the United Statee, am betwaen the U.K. Chiefs or Stat"t ard 

the U.S. Ohieta ot Start in regard to (l) BOCUrity .Qeaeures tor the- protection ot alasei.f'i.ed. military 1nto:mat1on disclosed by or exchanged between 

the two governmenta, and (2) arrangements !or the protection or the riy,hta 

at inventors or eq,uipnente dinoloaed by or exchaneed between the two 

govenwents. 

I would the~etore like to read you two articlea troo. th• current ~aW'.lent regarding mutual detenae asa~atance which enterttd. into force on 

'Zl January 19.501 

RArt.iole i 

n1. Jach contracting Govornaent w:Lll take auch necurit;y 

•eaaurea a• IU1' be agreed in each oase between the two contracting Oovernr.-~nta in order to prevent the disclosure or 

coripronise ot aey claeaitied milit&r,y articles, aervicea, or 

Womation tu.miahed by the other contracting Oov•mr.1ent. 

pureuant to thia Af.reeaent. 

"2. iach contracting Government will take appropria.te 

measures consistent. with security to kffp the public informed 

ot acti'VS.tiea under thia .Agreement.u 

".Article VI 

"l. The two contracting Governments 'Will negotiate appro- priate arrangem.enta between then :re•pect1ng re1ponaib1lit7 

tor claims !or the use or inf'rin,gem.ent ot inventions covered. 

by pa tents or pa tent applications, tradeMarke, or copyrighta, 

or other •ir:dlar ola1ms arising trom. the use ot device•, 

proceaaea, or technological intornat.ion in connection with 

eq.iipment, materials, or aervicea turniahed pursuant to thia .Agre~ent., or turniahed 1n the interests or production undertaken by agreement between the two oontractine Governments in 

implementation or the pledge• o! •elt-holp and mutual aid 

contained in the Horth Atlantic Treaty." 

Declassified and approved for release by NSA on 09-17-2013 pursuantto E .0. 1352a --· --------- :.. 
REF ID:A104588 

It is aeeumed. that this Conference takes cognizance ot the rorttgo1ng articles in the U.K.-U.s. agreement and that the representatives or the 

reapective goverrr.ients will govem theMelvea aocording]J'. 

In order to be on the ute aide, it 18 to bo understood that all 

intormation disclosed during the Oonterence will be reeard9d aa being 

cltteal£iod, regardless of whetti.r auch olassitioation i• in the l>lilitar,y 

•enae or in tho sense of "Con.t"idential" aa used in tho procetusing ot 

patent ap1,lica.tiona through the Patent O!fic•• oi" either or both govern-

.ments. 
SECRET 

11 September 1950 

MEMORANDUM FOR MR. FRIEDMA.N 

SUBJECT: 

THRU: 

Policy 

AFSA-Q) 

for ~US~~EC 

~ 

Conference in Regard to Conditions o:r 

Release of Information 

REFERENCE: Memorandum fo~ AFSA-12 and AFSA-03 from Mr. Friedman, dtd 

7 Sep 1950, subject as above. 

l. AFSA-12 concurs in the desirability of having a statement such 

as that enclosed in the reference for use at the forthcoming BRUSA COMSEO 

conference. In accordance with the request expressed in paragraph 5b of 

the reference, the follOW"ing comments are advanced with regard to the 

statement: 

a. Paragraph l (a) to read: "•••• without specific approval of 

the Yti'5ee. 8~-a=&efJ government of origin ••• • proviso, the United Kingdom, e.8.-

each of the British Dominions &N , and each member of the British Common-

'\\""eal th of If ations is considered to be ! separate natione; 11 

b. Paragraph l (b) to read: "•••• protection afforded to it by 

the .Y-Ri=heti. &l;e.'5ee government of origin;" 

c. Paragraph l (d) to read: m •••• satisfactory agreen1mt bet,veen 

the United States and the !'e6:i:f!l:i:elM geve!l!'M!eM United Kingdom. 11 

d. In the first paragraph the term 11 gavernment 11 is used throughout, 

while in the remainder of the statement the term llpartyn is employed. In 

the interest of consistency, one or the other term probably should be employed 

throughout. 

2. !n view of the shortness of tine, the question of ex.i.sting patent 

interchange agreements is being referred to A..'WSA-03 for comnent. AFSA-03 

ia requested to form~.rd this mmorandum along with its conments directly 

( 

to Mr. Friedman. A copy of AFSA-03 •a comments \Toul.d be appreciated by 

AFSA-12. 

~ Pff A. C. PETERSOM 

Colonel, CAO 

Chier, ."1.FSA-12 
REF ID:A104588 

Proposed Statement 

111. It is agreed that the f'ollowing conditions governing the release 

of information are known to and accepted by both parties. 

la) That the recipient government will not release the 

information to a third government without specific approval 

of the delivering government. For the purposes of this 

proviso, the United Kingdom, and each of the British 

Dominions are considere~ to be separate nations; 

(b) 'filat the recipient government will afford to the 

int'ormation substantially the same degree of security 

protection afforded to it by the delivering goverrunent; 

(c) That the recipient government will not exploit such 

infonnation for other than .military purposes; 

(d) Tnat the rights of the individual or concern which 

originate in the development, either in patents or in 

trade secrets, will be respected in accordance with 

mutually satisfactory agreement between the delivering 

and the recipient government. 

"2. It is further agreed that the recipient government vd.11 take all 

measures practicable with respect to information which may involve 

inventions to avoid adversely affecting the rights of inventors to obtain 

patents covering such inventions. 

11,3. It is further agreed that (a) the conveyance by one government 

to the other of a process, device or apparatus, or in.formation pertaining 

thereto, I!JB:3" take the form of a gift, loan, sale, rental, or rendering 

available, as .may be agreed and arranged between the two governments in 

the specific instance; and {b) the :f'act that the recipient government may 

have the right or privilege of using an invention without the payment of 

compensation therefor shall not of itself relieve the recipient government 

or any obligation to make compensation with respect thereto, nor shall it 

be construed as granting any license whatsoever. 

"4. It is .further agreed that the terms and conditions of all 

currently effective U.K.-U.S. agreements relating to the interchange of 

patent information will be followed by both governments."