637 



51 



To an extent, technological know-how goes with having carried out 

 design and fabrication for the project. These benefits, then, are 

 distributed approximately in proportion to the investment of the 

 partners. Information about how devices work and why they work, 

 including information about technological details, is all carried away 

 in the heads of the scientists and engineers who worked on the project 

 as well as in the formal reports from the project. It is hard to 

 measure and proportion what is in people's heads; and the partners 

 will have to recognize in the beginning that, in terms of information 

 benefit from the project, all partners who have competent staff on 

 hand will share pretty much equally regardless of the individual 

 financial investments. 



As to the sharing of benefits, there exists a feeling in the EC 

 that the Liquid Metal Fast Breeder Reactor cooperative program with 

 the United States was unsatisfactory. The U.S. emphasis on trying to 

 quantify an equitable exchange of information was frequently cited as 

 a cause for the limited results of this cooperative effort. There are 

 some indications that a similar emphasis may be inhibiting the 

 creation of the necessary spirit of mutual trust and cooperation in 

 current negotiations of cooperation in magnetic fusion. 



Some of the benefits of the second kind will need to be captured 

 through formal rights to intellectual property. However, patent 

 policy and treatment of industrial proprietary information are areas 

 of substantial difference in national style and practice. Before 

 fusion moves to the position of comiTiercial and industrial viability, 

 it would be useful to reconcile the differences and establish those 

 particular rights at an early stage. It may be possible at this 

 moment to provide for cross-licensing and ownership of jointly 

 developed information that would carry into the future. The effect on 

 the motivation of industry as it may be affected by this treatment 

 would need to be carefully analyzed. 



INSTITUTIONAL FRAMEWORK 



This section deals with some of the institutional options available 

 for implementing international fusion arrangements that may be 

 developed by the United States, the EC, and Japan or any two of the 

 three. In time, international arrangements between nongovernmental 

 organizations should be anticipated. However, currently and for the 

 foreseeable future international fusion arrangements will probably be 

 on a government-to-government basis because the high-risk, high-cost, 

 and long-term nature of the endeavor puts the programs in the public 

 sector , 



