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Determining the Requirements for Delivery and License Rights; Modular Open Systems Approaches

September 12 @ 12:00 pm - 1:30 pm

$189

Building on our Sessions 1-4 overview of the foundations of IP coverage in Federal procurements, Session 5 will delve into two critical aspects of the challenges, and potential solutions and sources of compromise, faced by Federal agencies and their contractors.   First, we will explore one of the historical stumbling blocks for Federal agencies:   determining the agency’s requirements for delivery of data & software (and associated license rights).  Second, we will look at one of the more recent developments in complex technology acquisitions, the requirements and implementation of Modular Open Systems Approaches (MOSA)—which provides a framework to resolve many of the historical challenges in IP & data rights.   An more specific overview of topics covered:

(Note:  Before diving into the Session 5 agenda, we will revisit & wrap-up the tail-end of the Session 4 material regarding commercial data & software – topics listed for convenience below*)

Issues Related to Delivery of Technical Data and Computer Software

  • Are there contract clauses allowing the government to require delivery of technical data and computer software not called for in the original contract?
  • Can a contractor protect its proprietary rights by resisting the inclusion of a contract requirement calling for the delivery of technical data or computer software, or by including language that precludes delivery of certain data or software?
  • How does a government agency determine what technical data must be delivered as part of contract performance?
  • Where in a contract is the requirement to deliver technical data specified?
  • When a contract calls for the writing of a computer program, how does it specify what must be delivered to the government?
  • Can the parties agree that the government will have access to technical data and computer software instead of delivery?
  • Can the parties agree that the technical data and computer software will be delivered to an escrow agent instead of the government?

Modular Open Systems Approaches (MOSA)

  • How do all of these rules & restrictions apply to data deliverables, as distinguished from data rights or licenses?
  • What exactly is a “modular open systems approach” (MOSA)?
  • When will DoD be required to use MOSA for its acquisitions?
  • Can MOSA be applied to legacy systems already in sustainment, or is it only for new development?
  • What is a “major system interface”
  • How does MOSA relate to the so-called “Doctrine of Segregability”?
  • Are there any special data rights or other IP considerations necessary for MOSA?
  • Will MOSA requirements be required to flow down to commercial subcontractors & suppliers?

* Wrap-up of topics from Session 4:  Commercial Technical Data & Commercial Computer Software

  • Does the government treat technical data and computer software pertaining to commercial items differently than technical data and computer software pertaining to noncommercial items?
  • Is there a definition of a commercial item?
  • Can the government accept the vendor’s standard commercial license when it buys commercial computer software?
  • Can the government allow competitors of the vendor to modify or upgrade commercial computer software?
  • Can the government modify or upgrade commercial computer software with its own employees?
  • How should a contractor deal with subcontractors furnishing commercial items?

(Note:  Before diving into the Session 5 agenda, we will revisit & wrap-up the tail-end of the Session 4 material regarding commercial data & software – topics listed for convenience below*)

Issues Related to Delivery of Technical Data and Computer Software

  • Are there contract clauses allowing the government to require delivery of technical data and computer software not called for in the original contract?
  • Can a contractor protect its proprietary rights by resisting the inclusion of a contract requirement calling for the delivery of technical data or computer software, or by including language that precludes delivery of certain data or software?
  • How does a government agency determine what technical data must be delivered as part of contract performance?
  • Where in a contract is the requirement to deliver technical data specified?
  • When a contract calls for the writing of a computer program, how does it specify what must be delivered to the government?
  • Can the parties agree that the government will have access to technical data and computer software instead of delivery?
  • Can the parties agree that the technical data and computer software will be delivered to an escrow agent instead of the government?

Modular Open Systems Approaches (MOSA)

  • How do all of these rules & restrictions apply to data deliverables, as distinguished from data rights or licenses?
  • What exactly is a “modular open systems approach” (MOSA)?
  • When will DoD be required to use MOSA for its acquisitions?
  • Can MOSA be applied to legacy systems already in sustainment, or is it only for new development?
  • What is a “major system interface”
  • How does MOSA relate to the so-called “Doctrine of Segregability”?
  • Are there any special data rights or other IP considerations necessary for MOSA?
  • Will MOSA requirements be required to flow down to commercial subcontractors & suppliers?

* Wrap-up of topics from Session 4:  Commercial Technical Data & Commercial Computer Software

  • Does the government treat technical data and computer software pertaining to commercial items differently than technical data and computer software pertaining to noncommercial items?
  • Is there a definition of a commercial item?
  • Can the government accept the vendor’s standard commercial license when it buys commercial computer software?
  • Can the government allow competitors of the vendor to modify or upgrade commercial computer software?
  • Can the government modify or upgrade commercial computer software with its own employees?
  • How should a contractor deal with subcontractors furnishing commercial items?

Second Thursday of the Month (*exceptions)

12:00 pm – 1:30 pm (ET)

Click here for the full series registration!

April 11: Basic Principles Governing IP in Government Contracts; Government Use of Technology to Which is has Acquired No Rights

May 9: Emerging Issues in IP/Data Rights – New Legislation, the Section 813 Advisory Panel, and Beyond

June 13: Rights in Inventions & Patents; Introduction to Rights in Technical Data and Computer Software

July 11: Detailed Review of Rights in Technical Data and Computer Software; Special Rules for Commercial Technical Data and Computer Software

September 12: Determining the Requirements for Delivery and License Rights; Modular Open Systems Approaches

October 10: IP Rights Issues in Source Selections, and Negotiating Specialized Licenses or Deliveries

November 14: Emerging Issues in IP/Data Rights – Part 2: Developments in the Aftermath of the Section 813 Panel; Issues on the Horizon

Details

Date:
September 12
Time:
12:00 pm - 1:30 pm
Cost:
$189
Event Categories:
,

Venue

Online

Other

Delivery Method
Live Virtual Training