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Nash & Gray: Demystifying IP – Emerging Issues in IP/Data Rights – Part 2: Developments in the Aftermath of the Section 813 Panel; Issues on the Horizon
November 14, 2019 @ 12:00 pm - 1:30 pm$189
This session will revisit and update the topics presented in Session 2 — emerging issues in Government procurement of IP/data rights, including the new DoD IP policy and stand-up of the “IP Cadre;” an update of the most significant recent statutory, regulatory, and policy developments; and a forecast of what is likely to come next.
(Note: In addition to our regularly-scheduled topic, we will revisit & wrap-up the tail-end of the Session 4 material regarding commercial data & software – topics listed for convenience below*)
Developments in the Aftermath of the Sect ion 813 Panel; Issues on the Horizon:
- Recap: The Section 813* Government-Industry Advisory Panel Final Report, November 2018 (* Sec. 813(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016);
- Quick Recap: The Section 875* “Independent Review” of Department of Defense (DoD) Access to IP Rights of Private Sector Firms (for Weapon System Sustainment) (* Sec. 875 of the FY 2016 NDAA);
- New! Standing up the DoD “IP Cadre” — as required by Sec. 2322 of Title 10, United States Code (USC) (Management of IP matters within the DoD)
- New! DoD IP Policy – DoD Instruction 5010.44, “Intellectual Property (IP) Acquisition and Licensing” (10/16/19)
- What is the Army doing in the IP arena?
- What is the Air Force doing in the IP arena?
- What is the Navy doing in the IP arena?
- Early Engagement on DoD IP Rulemaking: a planned series of public meetings on draft revisions to the Defense Federal Acquisition Regulation Supplement
- IP related Legislation – what’s on the horizon for new statutory provisions, as well as implementation efforts for recent changes:
- What to expect in the FY 2010 National Defense Authorization Act
- Up-front negotiation of price for technical data for major weapon systems (10 USC 2439); and
- Consideration of certain matters during acquisition of non-commercial computer software (new 10 USC 2322a);
- Establishment of a preference for specially negotiated license rights (new 10 USC 2320(f));
- New statutory rights allocations to support Modular Open Systems Approaches (MOSA), including activities for the “segregation and reintegration” of proprietary technologies
- DoD’s mandatory right for “deferred ordering” of technical data
- Massive streamlining of the complex scheme of presumptions of development funding for commercial technologies and exceptions for major systems
- Limited authority for DoD to use and release asserted-proprietary data during the challenge & validation procedures
- Revision of IP related elements of the Small Business Innovation Research (SBIR) Policy Directive, by the Small Business Administration (84 FR 12794, April 2, 2019); and
* 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
- November 14, 2019
12:00 pm - 1:30 pm
- Event Categories:
- Intellectual Property, Nash & Gray: Demystifying Intellectual Property/Data Rights in Government Contracts
- Delivery Method
- Live Virtual Training