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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 @ 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

Details

Date:
November 14
Time:
12:00 pm - 1:30 pm
Cost:
$189
Event Categories:
,

Venue

Online

Other

Delivery Method
Live Virtual Training