The National Academies Press

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Pages 47-48

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From page 47... ... 47 policy, an agency may fail to "retain[] ownership of the rights to potentially patentable products or processes developed by its employees working on state time using state resources."688 Although the study discusses an agency's need to know its rights under the patent laws, the same need for guidance pertains to other IP, i.e., copyrights, trademarks, and trade secrets.689 The California study identifies subjects that a guidance or policy on technology contracting should address, including products that may be IP, whether created by employees or contractors; when and whether to protect products as IP; whether, whenever possible, copyrights or trademarks should be registered; when to allow others to use an agency's IP; the need for an inventory of IP; and when and whether to pursue claims for infringement of an agency's IP rights.690 CONCLUSION Although acquisitions of technology are not unlike procurements of other types of goods and services, the type of technology and the nature and purpose of an acquisition affect an agreement's terms and conditions. Read the entire page →
From page 48... ... 48 an independent contractor would otherwise own the copyright in a work for a transit agency, agencies should include a work product clause in their technology agreements so that they own the copyright in any works developed for them. With respect to experimental, developmental, or research work funded by the FTA, the federal government reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for the government's purposes, any data, or copyright therein, that are subject to a funding agreement. Read the entire page →

From page 47...

... 47 policy, an agency may fail to "retain[] ownership of the rights to potentially patentable products or processes developed by its employees working on state time using state resources."688 Although the study discusses an agency's need to know its rights under the patent laws, the same need for guidance pertains to other IP, i.e., copyrights, trademarks, and trade secrets.689 The California study identifies subjects that a guidance or policy on technology contracting should address, including products that may be IP, whether created by employees or contractors; when and whether to protect products as IP; whether, whenever possible, copyrights or trademarks should be registered; when to allow others to use an agency's IP; the need for an inventory of IP; and when and whether to pursue claims for infringement of an agency's IP rights.690 CONCLUSION Although acquisitions of technology are not unlike procurements of other types of goods and services, the type of technology and the nature and purpose of an acquisition affect an agreement's terms and conditions.

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From page 48...

... 48 an independent contractor would otherwise own the copyright in a work for a transit agency, agencies should include a work product clause in their technology agreements so that they own the copyright in any works developed for them. With respect to experimental, developmental, or research work funded by the FTA, the federal government reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for the government's purposes, any data, or copyright therein, that are subject to a funding agreement.

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