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Nash & Gray: Demystifying IP – Detailed Review of Rights in Technical Data and Computer Software; Special Rules for Commercial Technical Data and Computer Software
July 11, 2019 @ 12:00 pm - 1:30 pm$189
Intellectual Property issues are raised in nearly every Federal procurement, and are critical and foundational in high-tech acquisition. Although the recent and ongoing statutory and regulatory changes to the rules for acquiring IP will be a focus area in the 2019 virtual class series, a key aspect of understanding how the game is changing, and what is likely to come next, is understanding the rules as they exist today – especially regarding “data rights” issues (i.e., delivery of, and rights in, technical data and computer software). Session 4 presents a deeper dive into the rules covering data rights, including a focus on commercial data & software. An overview of topics covered:
“Data Rights” — Technical Data and Computer Software
- What is technical data, and how is it different from computer software?
- What contract clauses are used to establish the parties’ rights to technical data and computer software?
- What is the test for determining when the government gets rights to technical data and computer software generated in the performance of a government contract?
- Is the term “developed” clearly defined or understood?
- Are there different levels of rights that the government takes to technical data and computer software?
- When does the government get unlimited rights to technical data and computer software?
- What can the government do with limited rights technical data or restricted rights computer software?
- When does the government take government purpose rights to technical data and computer software?
- When the government gives limited rights technical data, restricted rights computer software, or data or software subject to government purpose rights, to a third party, what restrictions, if any, are imposed on the third party?
- When the government is authorized to release data or software to others only for limited purposes or activities, does the IP owner receive notice of the release or have any legal remedies if the recipient of the data/software violates those restrictions?
- When and how does (must?) a contractor protect limited rights data or restricted rights software?
- When does the contractor have to inform the government that the technical data and computer software will be subject to limited rights, restricted rights, or government purpose rights?
- Can the contractor mark the unlimited rights technical data and computer software to show that it has title?
- Does the government have the right to remove legends asserting limited rights, restricted rights, or government purpose rights?
- What if proprietary data or software is delivered with no markings, or with markings that do not meet all the marking requirements of the standard IP clauses?
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?
The Nash & Gray virtual class series provides access to two experts in Government Contracting Intellectual Property law and policy, on a monthly basis. The sessions will dive deep into important and timely issues related to IP and Data Rights for government employees and contractors. And, of course, bring your questions to the sessions.
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
- July 11, 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