jeff4757 Posted September 20, 2012 Report Share Posted September 20, 2012 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!! Link to comment Share on other sites More sharing options...
C Culham Posted September 21, 2012 Report Share Posted September 21, 2012 jpaynehydroid - No attorney here either and no case law to offer up but reading the basic facts you have provided it looks like you missed an important step in negotiating the contract. While the 5 year period was negotiated to 10 years you missed the opportunity to clarify that the period of 10 years would commence based on "date of order" rather than execution of the DO "contract". Link to comment Share on other sites More sharing options...
jeff4757 Posted September 21, 2012 Author Report Share Posted September 21, 2012 yes, I inherited this issue as I was not here and the principals of the company did not address it. However, It seems the DFAR clause cited above supports our position. Can I lean onn that language? Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted September 21, 2012 Report Share Posted September 21, 2012 What is the date of the clause, 252.227-7013 in your contract? Link to comment Share on other sites More sharing options...
Navy_Contracting_4 Posted September 21, 2012 Report Share Posted September 21, 2012 yes, I inherited this issue as I was not here and the principals of the company did not address it. However, It seems the DFAR clause cited above supports our position. Can I lean onn that language? Are you suggesting that the original DO contract did not "require[ ] development of the items, components, or processes or creation of the data" at issue, and that it was only upon issuance of a "similar contractual instrument," the DO, that creation of he data was required? It will be interesting to see whether that argument prevails, but it sounds like the best one you can muster, and may be worth pursuing. However, I'm not an attorney, nor an intellectual property (IP) expert, so if these data rights are valuable, I recommend you consult with an IP attorney. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted September 21, 2012 Report Share Posted September 21, 2012 You wrote: 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. What do you mean by "In our deliverables"? Did the contract or the order itself stipulate a negotiated agreement on 10 years, or did your company try to unilaterally impose a ten year period when you delivered the data? The clause says: The Government shall have government purpose rights for a five-year period, or such other period as may be negotiated, in technical data.... Emphasis added. Did your company negotiate an agreement on ten years? Is the agreement in the contract or order? Do you have other documentation of the agreement? Link to comment Share on other sites More sharing options...
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