Intelectual Property (IP)

Intellectual Property In Department of Defense Contracting | Whitcomb Selinsky, PC

QUESTIONS COVERED IN THIS WEBINAR

What are the main types of intellectual property (patents, copyrights, trademarks, and trade secrets), and what distinguishes each one?

How does the Department of Defense’s policy impact the acquisition of data and software rights?

What is the difference in acquisition and handling of commercial versus non-commercial items, specifically in relation to technical See more +

QUESTIONS COVERED IN THIS WEBINAR

What are the main types of intellectual property (patents, copyrights, trademarks, and trade secrets), and what distinguishes each one?

How does the Department of Defense’s policy impact the acquisition of data and software rights?

What is the difference in acquisition and handling of commercial versus non-commercial items, specifically in relation to technical data and computer software?

What specific rights and restrictions exist for the government and contractors in relation to intellectual property, technical data, and software developed at private expense?

How do the definitions of technical data and computer software apply according to the Defense Federal Acquisition Regulation Supplement (DFARS) and the DeForest Clauses?

How are the government’s rights in non-commercial data developed by the contractor defined and protected?

What is the importance and process of negotiating special license rights in contracts?

KEY TAKEAWAYS OF THIS WEBINAR

Understanding Intellectual Property (IP) Rights: The four main types of IP—patents, copyrights, trademarks, and trade secrets—are outlined. The discussion includes the nature of these rights and how they relate to Department of Defense (DoD) contracting.

Government IP Policy: The DoD policy around acquiring data and software rights is discussed, especially in regards to the Defense Federal Acquisition Regulation Supplement (DFARS).

Significance of Commercial vs Non-Commercial Items: Ann emphasizes the importance of distinguishing between commercial and non-commercial items, specifically regarding technical data and computer software.

Technical Data and Computer Software Definitions: These are defined, and the government’s rights to these are elucidated. This includes their application according to the DeForest Clauses.

Rights Acquisition: The seminar also highlights the types of rights the government can acquire and the limitations of these rights, including those relating to technical data or software developed at private expense.

Contract Negotiation: The seminar underscores the importance of negotiating special license rights to best meet specific project needs and protect contractor interests.

Contract Delivery Requirements: Finally it points towards the importance of clearly specifying delivery requirements in a contract to avoid future complications. See less –

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