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2.2.1 INTELLECTUAL PROPERTY AND DATA RIGHTS:

This section addresses the allocation and protection of rights for agreements with state and local governments in the following five areas: (1) rights in patents and inventions generated or used in the performance of the agreement; (2) data rights; (3) handling of data; (4) publication of resulting data; and (5) release of general information to the public. Because the participant is a domestic government agency, a simplified approach to intellectual property and data rights is taken, as reflected in the applicable sample clauses. For guidance on these topics, see Chapter 1, section 1.2.10.

2.2.1.1. PATENT AND INVENTION RIGHTS:

Sample Clause, see appendix 2, clause 2.2.a. "Intellectual Property and Data Rights" Patent and Invention Rights Sample Clause.

2.2.1.2. RIGHTS IN DATA:

Sample Clause, see appendix 2, clause 2.2.b. "Intellectual Property and Data Rights" Rights in Data Sample Clause.

2.2.1.3. HANDLING OF DATA:

Where appropriate, sample clause 2.2.c. in appendix 2 can be used.
Sample Clause, see appendix 2, clause 2.2.c. "Intellectual Property and Data Rights" Handling of Data Sample Clause.

2.2.1.4. RESULTING DATA:

Where appropriate, sample clause 2.2.d. in appendix 2 can be used.
Sample Clause, see appendix 2, clause 2.2.d. "Intellectual Property and Data Rights" Resulting Data Sample Clause.

2.2.1.5. RELEASE OF GENERAL INFORMATION TO THE PUBLIC:

It is customary to include, if applicable, a clause in agreements with domestic governmental agencies which provides for the release of general information to the public.
Sample Clause, see appendix 2, clause 2.2.e. "Intellectual Property and Data Rights" Release of General Information to the Public Sample Clause.
In the event that a state or local government entity requests rights to intellectual property and data arising from reimbursed activities under the agreement for purposes of enhancing commercial utilization of the involved technology, the appropriate patent and data rights clauses for such an agreement are the Standard Reimbursable patent and invention rights clause and the Standard Reimbursable data rights clause (see appendix 1, sample clauses 1.2.e.e. and 1.2.i.i. respectively).

2.3.3. INTELLECTUAL PROPERTY AND DATA RIGHTS:

This section addresses the allocation and protection of rights for agreements with U.S. Federal Government entities in the following five areas:
(1) rights in patents and inventions generated or used in the performance of the agreement;
(2) data rights;
(3) handling of data;
(4) publication of resulting data; and
(5) release of general information to the public.
Because the participant is a U.S. Federal Government entity, a simplified approach to patents and inventions is taken, as reflected in the applicable sample clause. The considerations for the data issues are identical to those described for state and local governments of the United States and, therefore, the same allocation and protection scenario in section 2.2.1. is appropriate (see sample clauses 2.2.b. - 2.2.e. in appendix 2.)

2.3.3.1. PATENT AND INVENTION RIGHTS:

Sample Clause, see appendix 2, clause 2.3.d. "Intellectual Property and Data Rights" Patent and Invention Rights Sample Clause.