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Nash & Gray: Demystifying IP – IP Rights Issues in Source Selections, and Negotiating Specialized Licenses or Deliveries

October 24, 2019 @ 12:00 pm - 1:30 pm


As mentioned during the last session, we will be finishing-up the material from the latter portion of the July session, including commercial rules and delivery issues. Topics to be covered during this session include:

  • Are there limitations on the Government’s ability to require contractors to give up rights during a competition [for new development work]?
  • Can the Government evaluate the offerors’ proposals to restrict rights as part of the selection of the source [for a development contract]?
  • Is there any guidance to source selection officials on how to evaluate the benefits of obtaining greater rights against the benefits of lower development costs and the potential for a higher performing system (using proprietary items, components of computer software)?
  • What is the difference between evaluation and valuation of IP (or IP rights)?
  • How does an agency determine what rights it needs in addition to the standard license rights specified in the clauses?
  • What if the Government can meet its needs with less than the standard or default rights?
  • When an agency determines that it needs additional rights, does it normally suggest in the solicitation that offerors propose giving some level of government purpose rights?
  • Are there examples of solicitation language where an agency has required the competitors to propose giving up rights to meet a government need?
  • Can an offeror or contractor be required to enter into negotiations for license rights different than the standard licenses?
  • What is the likely impact of recent statutory changes establishing a Government “preference” for specially negotiated licenses, and requiring up-front negotiation of price for technical data deliverables?
  • Are there any limits on what the Government can require, or agree to, as a specially negotiated license?
  • Can the Government acquire title/ownership of data or software as a result of negotiations?
  • How do all of these rules & restrictions apply to data deliverables, as distinguished from data rights or licenses?

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


October 24, 2019
12:00 pm - 1:30 pm
Event Categories:




Delivery Method
Live Virtual Training