Understanding and Protecting Technical Data Rights

This session will begin by setting a foundation of traditional intellectual property found in the commercial sector. We will shift our focus to Government Data Rights under both the FAR and DFARS, defining the different level of technical data rights and rights in software, and discussing the distinctions between the two. Next, we will discuss SBIR/STTR technical data rights both before and after May 2, 2019, as well as how commercial data rights are treated. Then we will focus on how companies protect their intellectual property when performing on Government contracts. We will discuss background technology/pre-existing data, data assertions, how to track development, and proper legending/marking of technical data. Then we will briefly discuss data rights under grants, cooperative agreements, and Other Transactions (OTs or OTAs). We will close with emerging topics in technical data.

Instructor: Erin Davis