3.5.l. "Intellectual Property Rights/Transfer of Goods andTechnical Data" Invention and Patent Rights Sample Clause.
Nothing in the agreement shall be construed as granting or implying any rights to, or interest in, patents or inventions of the parties or their contractors or subcontractors.
3.5.m. "Intellectual Property Rights/Transfer of Goods and Technical Data" Invention and Patent Rights/Joint Invention Sample Clause.
In the event that an invention is jointly made by employees of the parties, their contractors or subcontractors, during the implementation of this agreement, the parties shall consult and agree as to the responsibilities and costs of actions to be taken to establish and maintain patent protection (in any country) for such invention and on the terms and conditions of any license or other rights to be exchanged or granted by or between the parties.
3.5.n. "Intellectual Property Rights/Transfer of Goods and Technical Data" Transfer of Goods and Technical Data Sample Clause.
The parties are obligated to transfer only those technical data (including software) and goods necessary to fulfill their respective responsibilities under this agreement, in accordance with the following provisions:
1. The transfer of technical data for the purpose of discharging the parties’ responsibilities with regard to interface, integration, and safety shall normally be made without restriction, except as required by national laws and regulations relating to export control or the control of classified data. If design, manufacturing, and processing data and associated software, which is proprietary but not export controlled, is necessary for interface, integration, or safety purposes, the transfer shall be made and the data and associated software shall be appropriately marked. Nothing in this article requires the parties to transfer goods or technical data contrary to national laws and regulations relating to export control or control of classified data.
3.5.o. "Intellectual Property Rights/Transfer of Goods and Technical Data" Rights in Resulting Data Sample Clause.
2. All transfers of proprietary technical data and export-controlled goods and technical data are subject to the following provisions. In the event a party finds it necessary to transfer goods which are subject to export control or technical data which is proprietary or subject to export controls, and for which protection is to be maintained, such goods shall be specifically identified and such technical data shall be marked with a notice to indicate that they shall be used and disclosed by the receiving party and its related entities (e.g., contractors and subcontractors) only for the purposes of fulfilling the receiving party’s responsibilities under the programs implemented by this agreement, and that the identified goods and marked technical data shall not be disclosed or retransferred to any other entity without the prior written permission of the furnishing party. The receiving party agrees to abide by the terms of the notice, and to protect any such identified goods and marked technical data from unauthorized use and disclosure, and also agrees to obtain these same obligations from its related entities prior to the transfer.
3. All goods, marked proprietary data, and marked or unmarked technical data subject to export control, which are transferred under this agreement, shall be used by the receiving party exclusively for the purposes of the programs implemented by this agreement.
Data generated under this agreement will be reserved to the Principal Investigators [and Co-Investigators, where appropriate] for scientific analysis and first publication rights for a period of time [generally not more than 1 year] beginning with receipt of the data and any associated data in a form suitable for analysis. NASA and [other party] may also have access to, and use of, the data and any associated 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.
3.5.p. "Intellectual Property Rights/Transfer of Goods and Technical Data" Patent and Copyright -- Authorization, Consent, Indemnification Sample Clause.
In order to avoid any possible interruption in the conduct of this cooperative project, NASA hereby gives the U.S. Government’s authorization and consent (without prejudice to any rights of indemnification) for all use and manufacture of any invention or work covered by a U.S. patent or copyright in the performance of [other party’s] responsibilities under this agreement, including the performance of such responsibilities by [other party’s] contractors or subcontractors.
In the event the U.S. Government incurs any liability for the practice of inventions or works covered by privately owned U.S. patents or copyrights, either as royALTies owned under an existing U.S. Government license or as an unlicensed practice of such inventions or works (infringement), and such liability is incurred as a result of [other party’s] and/or any of [other party’s] contractors’ or subcontractors’ performance of [other party’s] responsibilities under the agreement, [other party] agrees to indemnify and hold the U.S. Government harmless against such liability, including patent infringement costs and reimbursement for expenses incurred by the U.S. Government in defending against any suit or claim for such royalties or infringements.
3.5.q. "Intellectual Property Rights/Transfer of Goods and Technical Data" 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.