jeff4757 Posted October 16, 2013 Report Share Posted October 16, 2013 Folks- Can you point me to the appropriate FAR clause that addresses Commercial Items and Intellectual Property? Many thanks! Link to comment Share on other sites More sharing options...
Boof Posted October 16, 2013 Report Share Posted October 16, 2013 JP, Are you really asking: What commercial item clause addresses intellectual property? Or perhaps: What clauses should be added to a commercial item contract to protect intellectual property? Please clarify your question and perhaps give more info about what property you are trying to protect. Link to comment Share on other sites More sharing options...
jeff4757 Posted October 16, 2013 Author Report Share Posted October 16, 2013 Boof- What clauses should be added to a commercial item contract to protect intellectual property? Our firm is trying to protect design and software code for manufactured items. Thank you! Link to comment Share on other sites More sharing options...
ji20874 Posted October 16, 2013 Report Share Posted October 16, 2013 I recommend a careful reading of FAR Subpart 27.4, Rights in Data and Copyrights. Link to comment Share on other sites More sharing options...
Retreadfed Posted October 16, 2013 Report Share Posted October 16, 2013 jpayne, is your contract with a DoD component or a civilian agency? If it is with DoD, check DFARS 227 because DoD has a system that is substantially different from the civilian agencies. Link to comment Share on other sites More sharing options...
jeff4757 Posted October 16, 2013 Author Report Share Posted October 16, 2013 DoD sir! The question being: What clauses should be added to a commercial item contract to protect intellectual property? Thanks! Link to comment Share on other sites More sharing options...
ji20874 Posted October 16, 2013 Report Share Posted October 16, 2013 Okay, I recommend a careful reading of DFARS Subpart 227.71 and .72 (the DoD supplement to FAR 27.4). No one here can definitively answer your question. We don't know if you're talking about already-produced data or data that will be produced under the new contract -- or whether you're dealing with a special or existing work -- whether performance is inside the US or outside -- whether the government agency is seeking unlimited rights or something less than that -- and so forth and so on. Your answer will be found through a careful reading of DFARS Subpart 227.71 and .72. Maybe you don't need a contract clause, but only a license agreement? Based on your reading of DFARS Subpart 227.71 and .72 and your knowledge of the circumstances of your contract, you will be able to choose from the following clauses-- 252.227-7000 Non-Estoppel. 252.227-7001 Release of Past Infringement. 252.227-7002 Readjustment of Payments. 252.227-7003 Termination. 252.227-7004 License Grant. 252.227-7005 License Term. 252.227-7006 License Grant---Running Royalty. 252.227-7007 License Term--Running Royalty. 252.227-7008 Computation of Royalties. 252.227-7009 Reporting and Payment of Royalties. 252.227-7010 License to Other Government Agencies. 252.227-7011 Assignments. 252.227-7012 Patent License and Release Contract. 252.227-7013 Rights in Technical Data--Noncommercial Items. 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation. 252.227-7015 Technical Data--Commercial Items. 252.227-7016 Rights in Bid or Proposal Information. 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions. 252.227-7018 Rights in Noncommercial Technical Data and Computer Software—Small Business Innovation Research (SBIR) Program. 252.227-7019 Validation of Asserted Restrictions--Computer Software. 252.227-7020 Rights in Special Works. 252.227-7021 Rights in Data--Existing Works. 252.227-7022 Government Rights (Unlimited). 252.227-7023 Drawings and Other Data to Become Property of Government. 252.227-7024 Notice and Approval of Restricted Designs. 252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. 252.227-7026 Deferred Delivery of Technical Data or Computer Software. 252.227-7027 Deferred Ordering of Technical Data or Computer Software. 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government. 252.227-7030 Technical Data--Withholding of Payment. 252.227-7032 Rights in Technical Data and Computer Software (Foreign). 252.227-7033 Rights in Shop Drawings. 252.227-7037 Validation of Restrictive Markings on Technical Data. 252.227-7038 Patent Rights—Ownership by the Contractor (Large Business). 252.227-7039 Patents--Reporting of Subject Inventions. Link to comment Share on other sites More sharing options...
Beantown_Contracts Posted October 17, 2013 Report Share Posted October 17, 2013 In addition to the recommendations noted above, I would suggest (at a minimum), a multi-day class re: Rights in Technical Data & Computer Software. There are numerous options available via NCMA as well as public and private educational outlets. I keep a copy of one particular 500+ page course manual adjacent to my Cibinic & Nash library. I don't want to be seen as promoting one provider over another here, so please feel free to message me if you'd like further details. Link to comment Share on other sites More sharing options...
.gif)
Recommended Posts