HC Deb 23 July 2002 vol 389 cc904-5W
Mr. Keetch

To ask the Secretary of State for Defence what mechanisms are in place to ensure that in its procurement of systems technology the UK does not become beholden to one company with the intellectual property. [70766]

Dr. Moonie

When the Ministry of Defence funds development of equipment, it does so using intellectual property conditions which will allow for competition for further supplies of that equipment or its spare parts. Apart from an undertaking that the original developer will be invited to tender for such further supplies or its spare parts, there is no obligation on MOD to limit further contracts to the original developer.

Most systems coming into defence service now, however, comprise an amalgam of commercially developed items and items for which the MOD has funded both the development costs and integration into the final system. Where commercial items are to be incorporated into a defence system, it is MOD's practice to ensure appropriate arrangements are in place to ensure continued availability of vital items on a fair and reasonable basis.

In addition to the arrangements made through individual contracts, statutory arrangements exist under the Patent Act 1977 to enable Government use of patents for defence purposes in some circumstances on payment of compensation.