15 C.F.R. Subpart B—Strategic Partnership Initiative
Title 15 - Commerce and Foreign Trade
Source: 56 FR 41282, Aug. 20, 1991, unless otherwise noted.
The purpose of this notice is to notify interested parties of procedures under which the Department of Commerce provides a forum for discussion by private sector interests on the feasibility of establishing strategic partnerships, especially for the development and exploitation of large scale enabling technologies. (a) Strategic Partnerships. Strategic Partnerships are multi-industry teams of firms and others formed to create and commercialize proprietary technologies, especially large scale enabling technologies, using a systems management approach. The design of and participants in a specific partnership will be solely at the discretion of the private sector. However, since these partnerships will be most effective when comprised of firms which can share proprietary information, it will probably be most useful if there are no competitors in the venture. (b) Large Scale Enabling Technologies. Large Scale Enabling Technologies are technologies that are too complex and costly for a single firm to create and that have more potential applications than a single firm or a single industry can readily exploit. In some cases investments in these technologies may only be recouped if the results are used in several applications, often in different industries. Since speed of recoupment is often critical to continued competitiveness, it is often essential that multiple major applications are introduced simultaneously. [56 FR 41282, Aug. 20, 1991; 56 FR 51257, Oct. 10, 1991] (a) This new initiative is designed to provide the private sector with the opportunity to discuss the possible benefits of forming Strategic Partnerships among firms representing the entire food chain of specific technologies. By focusing on a specific technology, these partnerships will have the capability to integrate the innovation activities for a broad range of applications made possible by that technology. The integrative function differentiates this initiative from earlier Department of Commerce initiatives which deal with only one stage of the commercial process. Strategic Partnerships differ from traditional cooperative R&D consortia which are composed primarily of competitors who cooperate only in the early precompetitive stage of innovation. In contrast, Strategic Partnerships are made up generally of noncompeting companies (see §1160.21(a)) and are capable of accomplishing the entire process of innovation working on a proprietary basis. (b) The immediate goal of this initiative is to hold workshops upon a request from the private sector in key technologies at which the stakeholder industries in the food chain for each technology will have a chance to consider potential applications of the technology, current status of the technology, what R&D needs to be performed, the competitive position of U.S. industry in that technology, including the status of foreign competition, and the ways in which U.S. stakeholders might organize themselves to maximize commercial benefits. The ultimate outcome of such workshops will be entirely at the discretion of the private sector and may include the formation of one or more Strategic Partnerships, other types of multifirm ventures, or no action at all. The Department will not undertake to form specific partnerships. This will be solely at the discretion of the participants. [56 FR 41282, Aug. 20, 1991; 56 FR 51257, Oct. 10, 1991] (a) General. The Department has no funds available for direct financial support for the establishment or operation of a Strategic Partnership. (b) Information Briefings. The Department plans to hold an initial briefing to acquaint the private sector with the dynamics of the systems approach used in Strategic Partnerships, including how they may offer a means for firms to collaborate primarily in large scale enabling technologies. Additional information and technical assistance may be obtained from the Director, Office of Technology Policy Analyses and Studies, Technology Administration, room 4835, Herbert C. Hoover Building, U.S. Department of Commerce, Washington, DC 20230 (202) 377–1518. (c) Workshops. Upon request the Department may hold workshops to explore interest in Strategic Partnerships for a specific technology. Working with the requester, Commerce will determine which industries have a stake in the technology, invite the firms from those industries, and design the meeting agenda and background materials. Anyone wishing to apply for such a workshop should direct their inquiry to the Assistant Secretary for Technology Policy, Technology Administration, room 4818, Herbert C. Hoover Building, U.S. Department of Commerce, Washington, DC 20230. (d) All workshops will be held on a fee basis at no cost to the Department. (a) The Department of Commerce will offer no opinion on the antitrust merits of the formation of any proposed Strategic Partnership. The Department may seek an opinion from the Antitrust Division of the Department of Justice as to whether a proposed Strategic Partnership would raise antitrust issues. Furthermore, the role played by the Department of Commerce confers no special immunity to any given Strategic Partnership. (b) Strategic Partnerships may be formed without any consultation with or involvement by the Department of Commerce; the purpose of the Strategic Partnership Initiative is to make the private sector aware of this vehicle and, where requested, conduct workshops to discuss the formation of such partnerships in general. Commerce will not select the technologies, the number of partnerships, or the specific firms in a given partnership. Where relevant, the Department may seek the cooperation of other Federal agencies and laboratories that may be of assistance to Strategic Partnerships. All persons making a request under this part are cautioned that data submitted to the Department may be available for dissemination under the Freedom of Information Act. The Department, however, would withhold any information it deemed proprietary (confidential commercial or financial) on the basis of 5 U.S.C. 552(b)(4). The Department will consult with the submitter of any data requested under the Act, prior to release of such information, if the data is clearly marked “Company Confidential.” (See 15 CFR 4.7). The right to amend or withdraw these procedures is expressly reserved.
Title 15: Commerce and Foreign Trade
PART 1160—PRODUCTIVITY, TECHNOLOGY AND INNOVATION
Subpart B—Strategic Partnership Initiative
§ 1160.20 Purpose.
§ 1160.21 Definitions.
§ 1160.22 Goal of the Strategic Partnership initiative.
§ 1160.23 Assistance in establishing Strategic Partnerships.
§ 1160.24 Antitrust considerations.
§ 1160.25 Coordination/cooperation with other Federal agencies.
§ 1160.26 Proprietary data.
§ 1160.27 Amendment of procedures.
