2 
(6) At any point during the actual litigation, the 
defendant (whether the Secretary or the owner) 
shall have the right to tender full disclosure 
to the requester under an appropriate judicial 
decree of non-use and confidentiality. If, having 
accepted this tender, the requester chooses to con- 
tinue the litigation and loses, he shall be obliged 
to reimburse the defendant for all the costs asso- 
ciated with the successful defense. 
Any officer, employee or consultant who knowingly and willfully 
discloses proprietary information other than as provided by law 
should be deemed guilty of a felony. 
The legislation should clearly indicate that information listed 
in 18 U.S.C. 1905, as well as information concerning research 
protocols, hypotheses and designs, constitutes proprietary subject 
matter to the extent it is not otherwise available. 
II. The following is the language proposed by the Department of Defense to 
appear in the section of the suggested elements headed "Disclosure of 
Information. " 
The legislation should provide that proprietary data submitted 
to or otherwise obtained by the Secretary or his representatives 
in compliance with provisions requiring the data, such as sub- 
mission in compliance with standards, licensure requirements, 
registration, etc., shall be kept in confidence by the Secretary. 
No information concerning such submitted data shall be released 
to the public without authority of the submitter, unless necessary 
to carry out the provisions of any Act of Congress or in such 
special circumstances as may be determined by the Secretary. 
Special circumstances may include review restricted to other 
Government agencies for purposes of public health, safety, and 
other pertinent Governmental purposes. 
This protection is necessary to assure that valuable intellectual 
property rights are not lost by submitters of required data. A 
balance of full disclosure to the regulatory body of all relevant 
safety and scientific information, and the commercial value of 
legally protectible intellectual property rights may thus be 
achieved . 
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