Nash & Gray: Emerging Issues in IP/Data Rights – New Legislation, the Section 813 Advisory Panel, and Beyond

Special Guest:  Richard “Dick” Ginman, former chair of the Sec. 813 Government-Industry Advisory Panel

This session will review emerging issues in Government procurement of IP/data rights, including a survey of the most significant recent statutory, regulatory, and policy developments, and a forecast of what is likely to come next.   The session will cover:

• 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);
• 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);
• A collection of new “stand-alone” statutory requirements regarding —
  1. Management of IP matters within the DoD (Sec. 2322 of Title 10, United States Code (USC));
  2. Up-front negotiation of price for technical data for major weapon systems (10 USC 2439); and
  3. Consideration of certain matters during acquisition of non-commercial computer software (new 10 USC 2322a);

• The ongoing flurry of revisions to the existing DoD technical data rights statutes (10 USC 2320 & 2321), including:
  1. Establishment of a preference for specially negotiated license rights;
  2. New statutory rights allocations to support Modular Open Systems Approaches (MOSA), including activities for the “segregation and reintegration” of proprietary technologies;
  3. DoD’s mandatory right for “deferred ordering” of technical data;
  4. Massive streamlining of the complex scheme of presumptions of development funding for commercial technologies and exceptions for major systems; and
  5. 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
• New Army IP policy & implementation guidance (see Army Directive 2018-26; Dec 7, 2018).

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