Folks-
The Government is telling our company that they will obtain UNLIMITED RIGHTS 10 years AFTER contract execution. (i.e. contract signed in 2003, GPR expires 2013). Our company position is 10 years after execution of the DELIVERY ORDER (DO). The data we are providing to perform under the DO was not even developed back in 2003.
Also, DFAR clause states: DFARS 252.227-7013 ((2):
".....................shall commence upon execution of the contract, subcontract, letter contract (or similar contractual instrument), contract modification, or option exercise that required development of the items, components, or processes or creation of the data described in paragraph ((2)(i)( of this clause."
In our deliverables to the Government, we have stated the expiration date as 10 years from each DO until the Government states otherwise. Well they have now taken exception.
Is there any case law available, or precedent that would support my company's position? I am not an IP attorney and would truly be thankful for any "insights" that might exist.
Why would our company at contract execution, sign up to give the Government UNLIMITED RIGHTS 10 years down the road to our propriatary data-not yet developed- on a DO contract??
Thank you all!!