Intellectual Property in Government Contracts 2012 Statutory and Regulatory Supplement

Intellectual Property in Government Contracts 2012 Statutory and Regulatory Supplement

by Ralph C. Nash Jr., Leonard Rawicz

Paperback

$99.00

Overview

With ongoing controversies over policies for intellectual property used in the performance of government contracts, failure to comply can lead to serious consequences including loss of a patent or other intellectual property rights.

Intellectual Property in Government Contracts, Sixth Edition,
clearly explains the substantive issues in this critical area of contracting,
including the steps needed to segregate and protect private work from government work.

The 2012 Statutory and Regulatory Supplement provides the current version of all statutes, regulations, Executive Orders, and policy documents referenced in the main volume.

Product Details

ISBN-13: 9780808029618
Publisher: Wolters Kluwer Law & Business
Publication date: 04/04/2012
Pages: 700
Product dimensions: 6.00(w) x 9.00(h) x 1.50(d)

Table of Contents

Chapter 1 Intellectual Property Rights

I Intellectual Property - Selected Statutory Provisions 1

A Patent Law 1

B Copyright Law 31

C Protection of Semiconductor Chip Products 52

D Digital Millenium Copyright Act 60

E Vessel Hull Design Protection Act 66

F Uniform Trade Secrets Act 72

G Federal Trade Secrets Act 74

H Trademark Law 75

Chapters 2 and 3 Allocation of Patent Rights and Interpretation of Patent Rights Provisions

I Allocation of Patent Rights - Acquisition Provisions 77

A Bayh-Dole Act 77

B Leahy-Smith America Investments Act 85

C President Reagan Memorandum, February 18, 1983 86

D Department of Commerce Patent Regulations 87

E Federal Acquisition Regulation Patent Provisions 109

F Department of Defense FAR Supplement Patent Provisions 136

II Patent Policy-Statutory Agencies 149

A National Aeronautics and Space Administration Act of 1958 149

B National Aeronautics and Space Administration Patent Waivers 152

C National Aeronautics and Space Administration Patent Provisions 166

D Department of Energy 184

III Assistance Agreements 262

A Office of Management and Budget Circular A-1 10 262

B Department of Energy Financial Assistance Rules 264

Chapter 4 Rights in Technical Data

I Department of Defense Technical Data Statutes 277

II Department of Defense FAR Supplement Technical Data Rights 289

A Data Rights Policy 289

B Technical Data Rights Clauses 317

III United States Code, Title 41-Data Statutes 363

IV Federal Acquisition Regulation Data Rights 373

V Department of Energy Acquisition Regulation 411

VI National Aeronautics and Space Administration FAR Supplement 427

Chapter 5 Rights in Computer Software

I Federal Acquisition Regulation 433

A Definitions 433

B Commercial Items 434

C Rights in Data and Computer Software 434

D Computer Software Clauses 438

II National Aeronautics and Space Administration 445

A Regulatory Provisions 445

B Clauses 449

III Department of Defense FAR Supplement 451

A Definitions 451

B Rights in Computer Software and Computer Software Documentation, Subpart 227.72 452

C Clauses 470

IV National Aeronautics and Space Administration Open Source License 487

Chapter 6 Data Acquisition

I Acquisition Planning 493

A Civilian Agency Statutes 493

B Department of Defense Statutes 494

II Acquisition Planning Regulations 497

A Federal Acquisition Regulation 497

B Department of Defense FAR Supplement 498

III Acquisition of Data 501

A Federal Acquisition Regulation 501

B Department of Defense FAR Supplement 505

Chapter 7 Technology Transfer Mechanisms

I Cooperative Research and Development Agreement Technology Transfers 507

A Utilization of Federal Technology, 15 U.S.C. § 3710 507

B Cooperative Research and Development Agreements, 15 U.S.C. § 3710a 512

C Rewards for Scientific, Engineering, and Technical Personnel of Federal Agencies, 15 U.S.C. § 3710b 518

D Cooperative Research and Development Agreements Under Stevenson-Wydler Technology Innovation Act of 1980, 10 U.S.C. § 2371a 519

E Facilitating Access to Science and Technology, Executive Order 12591 519

F Department of Defense Technology Transfer Directive 5535.3, May 21, 1999 522

G Department of Energy Transfer Clauses 527

II Government Employee Invention Rights 549

A Employee Activities, 15 U.S.C. § 3710D 549

B Providing a Uniform Patent Policy for the Government With Respect to Inventions Made by Government Employees and for the Administration of Such Policy, Executive Order 10096 549

C Providing for the Protection Abroad of Inventions Resulting from Research Financed by the Government, Executive Order 9865 554

D Uniform Patent Policy for Rights in Inventions Made By Government Employees, 37 C.F.R. 501 555

III Licensing of Government-Owned Inventions 561

A Domestic and Foreign Protection of Federally Owned Inventions, 35 U.S.C. § 207 561

B Licensing Federally Owned Inventions, 35 U.S.C. § 209 562

C Distribution of Royalties Received By Federal Agencies, 15 U.S.C. § 3710c 563

D Licensing of Government Owned Inventions, 37 C.F.R. § 404 566

IV Other Transactions 573

A Statutory Authority 573

B Regulatory Coverage 579

Chapter 8 Government Use of Proprietary Intellectual Property

I Authorization or Consent Statute, 28 U.S.C. § 1498 591

II Patents and Copyrights, Federal Acquisition Regulation Subpart 27.2 593

III Federal Acquisition Regulation Infringement and Royalty Clauses 598

IV Department of Defense FAR Supplement, Spare Parts 604

V Department of Energy Acquisition Regulation 627

Chapter 9 Freedom of Information Act

I Freedom of Information Act, 5 U.S.C. § 552 631

II Executive Orders and Memorandum 641

A Predisclosure Notification Procedures for Confidential Commercial Information, Executive Order 12600, June 23, 1987 641

B Improving Agency Disclosure of Information, Executive Order 13392, December 14, 2005 643

C Memorandum for the Heads of Executive Departments and Agencies, Subject: Freedom of Information Act, January 21, 2009 648

D Memorandum for the Heads of Executive Departments and Agencies, Subject: Transparency and Open Government, January 21, 2009 649

E Memorandum for the Heads of Executive Departments and Agencies, Subject: Freedom of Information Act 650

III Department of Defense FOIA Regulations, 32 C.F.R. § 286 652

IV Department of Defense FOIA Withholding Authority, 10 U.S.C. § 130 699

Chapter 10 Intellectual Property Remedies

I Administrative Claims; Statutory Authorities 701

A Royalty Adjustment Act of 1942, 56 Stat. 1013 701

B Department of Defense Authorization, 10 U.S.C. § 2386 701

C Patents and Technical Information, 22 U.S.C. § 2356 701

D Secrecy Orders: Right to Compensation, 35 U.S.C. § 183 702

E Department of Energy Authorization, 42 U.S.C. § 7261 703

F Time Limitation on Damages, 35 U.S.C. § 286 703

II Department of Defense FAR Supplement Administrative Infringement Claims 703

A Regulatory Coverage 703

B Department of Defense FAR Supplement Clauses 709

III Protests 716

A Review of Protests, Effect on Contracts Pending Decision, 31 U.S.C. § 3553 716

B Federal Acquisition Regulation Subpart 33.1-Protests, Disputes, and Appeals 718

C Court of Federal Claims, 28 U.S.C. § 1491(b) 728

IV Judicial Claims 729

A Patent and Copyright Cases, 28 U.S.C. § 1498 729

B Time for Commencing Action Against the United States, 28 U.S.C. § 2401 731

C Time for Filing Suit, 28 U.S.C. § 2501 731

Appendix: Intellectual Property: Navigating Through Commercial Waters 733

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