CON 216- Intellectual Property

Question 1

Distinguish between the different types of Government contract data rights.

Answer 1

• Unlimited Data Rights: Data created exclusively with Government funds. Government has the right to use, modify, reproduce, release, etc., to anyone.
• Limited Rights: Created exclusively with private funds. Contractor has the right to restrict the Government’s rights to use, modify, release, reproduce, perform, display or disclose technical data pertaining to items, components, or processes.
• Government Purpose Rights: Created with both Government and private funding. Government may use, modify, reproduce, release, etc., within the Government or to someone outside the Government as long as the data is only used for a Government Purpose.
• Negotiated Rights: Data rights in addition to the rights stated above as negotiated between the parties and set out in the resulting contract.

Question 2

Identify situations when the Government may have rights to intellectual property.

Answer 2

• When a product is invented under a Government contract, the contractor can file for a patent on the product and take title to it, however, if it does, the Government is granted a license to use the invention or have someone else use it on its behalf.
• The Government can allow a contractor to utilize the patent of another patent holder for reasonable compensation. 28 U.S.C. § 1498 as well as FAR 52.227-1.

Question 3

Identify the key features of the various methods used to protect intellectual property

Answer 3

Patents are government grants to inventors that provide a limited monopoly on the invention for 20 years.

Trade secrets are vital to corporate growth and are statutorily protected by the Uniform Trade Secrets Act and 18 U.S.C. §1839. As long as its kept confidential, protections apply.

Copyrights protect original works from being reproduced without the author’s permission for the life of the author plus 70 years.

Trademarks are used to distinguish a product or service from similar products or services are legally recognized and protected as long as the creator continues to use it.

Question 4

Does the Government copyright its stuff?

Answer 4

The Government DOES NOT copyright works that it

wants to protect—–it CLASSIFIES them.

Question 5

What about Government employee copyrights?

Answer 5

Government employees cannot copyright their work
produced while on official duty.

Software Rights are also Copyright protected:
Only the expression of the idea is protected, not
the idea itself.
Example: Source codes and object codes are
protected.

Question 6

what is the best way to protect your proprietary

property? Trade Secret or Patent?

Answer 6

If it can be reversed engineered, Patent it.

If it can’t be reversed engineered, keep it a Trade Secret

Question 7

Three types of property are?

Answer 7

1. Real property.
2. Personal property.
3. Mixed Property (Real & Personal).

Question 8

Real property?

Answer 8

Land, buildings, or things that are PERMANENTLY
attached to or growing on land. if you can pick it up
and move it, then, it isn’t “real” property.

Question 9

Personal Property?

Answer 9

Personal property is all property other than “real property”.
Personal property is everything other than “real”
property in which a legal interest may be held.

Question 10

What are the two types of personal property?

Answer 10

Tangible: (Tangible personal property = chattel)
Things you can physically touch, ie car, clothes.

Intangible:
Things that you own but can’t physically touch, ie
contract rights, stocks, accounts receivable.

Question 11

Mixed Property?

Answer 11

Some of both real & personal.

Not all together one or the other, real or personal.

Examples include:
A lease on a rental house that you own:
House = real property.
Lease = intangible personal property.

Question 12

What is intellectual property?

Answer 12

used to describe the

ownership of “creative ideas” or “creative means”!

Question 13

Where do our rights to intellectual property come from?

Answer 13

The United States Constitution
Article I, Section 8 – Enumerated Powers

The Congress shall have Power…..To promote the progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

Question 14

What are the types of Intellectual Property?

Answer 14

There are four legal-rights types of intellectual property:
Patents.
Trademarks.
Trade Secrets.
Copyrights.