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2.2.a. "Intellectual Property and Data Rights" Patent and Invention Rights Sample Clause.

Title to inventions made (conceived or first actually reduced to practice) as a consequence of, or in direct relation to, the performance of the activities under this agreement will remain with the respective inventing parties and no invention and patent rights are exchanged between the parties unless otherwise specifically agreed and set forth in this agreement. In the event an invention is made jointly by employees of the parties or an employee of a party’s contractor, the parties will consult and agree as to future actions toward establishment of patent protection for the invention.

2.2.b. "Intellectual Property and Data Rights" Rights in Data Sample Clause.

It is the intent of the parties that the information and data exchanged in furtherance of the activities under this agreement will be exchanged without use and disclosure restrictions unless required by national security regulations or otherwise agreed to by the parties for specifically identified information or data.

2.2.c. "Intellectual Property and Data Rights" Handling of Data Sample Clause.

(a) In the performance of this agreement, it is anticipated that participant and its contractors and subcontractors may have access to, be furnished, or use the following categories of data (which may be technical data, computer software, administrative, management information, or financial, including cost or pricing):
(1) Data of third parties which the Government has agreed to handle under protective arrangements; and
(2) Government data, the use and dissemination of which, the Government intends to control.
(b) In order to protect the interests of the Government and the owners, licensors and licensees of such data, participant agrees, with respect to any such third party or Government data that is either marked with a restrictive legend, or specifically identified in this agreement, to:
(1) Use, disclose, and reproduce such data only to the extent necessary to perform the work required under this agreement.
(2) Allow access to such data only to those of its employees or contractors that require access for their performance under this agreement.
(3) Preclude access and disclosure of such data outside participant’s organization.
(4) Return or dispose of such data, as NASA may direct, when the data is no longer needed for performance under this agreement.
(c) Participant agrees to inform and instruct its employees and contractors of its and their obligations under this clause and to appropriately bind its employees and contractors contractually to comply with the access, use, disclosure, and reproduction provisions of this clause.
(d) In the event that data include a legend that participant deems to be ambiguous or unauthorized, participant may inform NASA of such condition. Notwithstanding such a legend, as long as such legend provides an indication that a restriction on use or disclosure was intended, participant shall treat such data pursuant to the requirements of this clause unless otherwise directed, in writing, by NASA.
(e) Notwithstanding the above, participant shall not be restricted in the use, disclosure, and reproduction of any data that is or becomes generally available, or public knowledge without breach of this clause by participant; is known to, in the possession of, or is developed by participant independently of any disclosure of, or without reference to, proprietary, restricted, confidential, or otherwise protectable data hereinunder; is rightfully received by participant from a third party without restriction; or is required to be produced by participant pursuant to a court order or other Government action. If participant believes that any of these events or conditions that remove restriction on the use, disclosure, and reproduction of the data apply, participant shall promptly notify NASA of such belief prior to acting on such belief, and, in any event, shall give notice to NASA prior to an unrestricted use, disclosure, or reproduction of such data.

2.2.d. "Intellectual Property and Data Rights" Resulting Data Sample Clause.

Data generated under this agreement will be reserved to Principal Investigators [and Co-Investigators, where appropriate] for scientific analysis and first publication rights for a period of time [generally not more than one year] beginning with receipt of the data and any associated spacecraft data in a form suitable for analysis. NASA and [other party] may also have access to, and use of, the data and and associated spacecraft data during the agreed-upon period, but such access and use will not prejudice the first publication rights of the investigators.
Final results of the experiments will be made available to the scientific community through publication in appropriate journals or other established channels as soon as practicable and consistent with good scientific practice. In the event such reports or publications are copyrighted, NASA and [other party] shall have a royalty-free right under the copyright to reproduce, distribute, and use such copyrighted work for their purposes.

2.2.e. "Intellectual Property and Data Rights" Release of General Information to the Public Sample Clause.

Releases may be made by the appropriate party for its own portion of the program/cooperation as desired. Insofar as participation of the other party is involved, the parties will seek to consult with each other prior to any releases, consistent with the parties’ respective laws and policies.

2.3.d. "Intellectual Property and Data Rights" Patent and Invention Rights Sample Clause.

Unless otherwise agreed by the parties, custody and administration of inventions made as a consequence of, or in direct relation to, the performance of activities under this agreement will remain with the respective inventing party. In the event an invention is made jointly byemployees of the parties or an employee of a party’s contractor, the parties will consult and agree as to future actions towardestablishment of patent protection for the invention.