Abstract: Section 843 of the 2019 National Defense Appropriations Act requires the Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity (DMEA), to establish a pilot program to evaluate the feasibility and reliability of using machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems. The pilot program is further required to evaluate the rules, regulations, and processes that could potentially hinder development and adoption of machine-vision technologies, as well as the use of such rules and regulations to mitigate counterfeit microelectronics proliferation through the Department of Defense. During the past year, the University of Maryland Carey School of Law has conducted research in direct support of that effort. Patricia Campbell, a professor at Maryland Carey Law, will provide a survey of the legal landscape relating to counterfeit part avoidance and prevention, including the various laws and policies that regulate counterfeit mitigation efforts by suppliers. George Eichelman, a law fellow at Maryland Carey Law, will provide information on legal problems and business challenges that hinder effective counterfeit prevention in the defense supply chain. The presentation will highlight the findings of a forthcoming report to DMEA by Maryland Carey Law, which is expected to includes recommended changes to laws, regulations, and standards in order to improve the development and incorporation of anti-counterfeit solutions, including machine-vision technologies, to support mitigation of the counterfeit threat.

Bio: Professor Campbell joined the Carey Law faculty in 2007 after spending several years in private practice with law firms and corporations. Immediately prior to her faculty appointment at the law school, she was Associate General Counsel at Kajeet, Inc., a telecommunications company located in Bethesda, Maryland. Her prior experience also included time in private practice as a litigator and transactional attorney with the Fish & Neave IP Group at Ropes & Gray in Palo Alto, California, and Washington, D.C. Professor Campbell teaches the Intellectual Property Law Clinic and is the Director of the Maryland Intellectual Property Legal Resource Center (MIPLRC) both of which are located on the campus of the University of Maryland at College Park. In addition to her law faculty appointment, she holds an appointment as Associate Professor at the Maryland Technology Enterprise Institute, located at the A. James Clark School of Engineering at College Park. In addition to the Intellectual Property Law Clinic, Professor Campbell teaches courses on patent law and trademarks and unfair competition at Carey Law.