Tag Archives: Technical Data

Creating Intellectual Property is Hard; Losing It to Uncle Sam is Easy

Companies invest vast resources in the development of intellectual property with the legitimate expectation that they will be the principal, if not exclusive, beneficiaries of their intellectual endeavors. Protecting technical data and computer software when dealing with the U.S. Government is not impossible, but to do so you must complete a fairly complicated obstacle course … Continue Reading

What Does 2013 Have In Store for Government Contractors and Their Lawyers?

By Louis Victorino and Jonathan Aronie (originally published in the San Diego Business Journal) It has been noted, the more things change, the more they stay the same. In the world of Government Contracts Law, however, the more things change, the more the phone rings. And while we’re only a few weeks into 2013, the … Continue Reading

New ITAR Rule on Transfer of Defense Articles to Dual and Third-Country Nationals Creates Substantial New Compliance Obligations

By John M. Hynes On May 16, 2011, the Department of State (“Department”) published its final rule in the Federal Register amending provisions of the International Traffic in Arms Regulations (“ITAR”) regarding the transfer of ITAR controlled defense articles (including technical data) to dual and third-country nationals employed by approved foreign end-users.  See 76 Fed. … Continue Reading

Frankenstein’s Monster: Data Rights Changes Adopted In The National Defense Authorization Act For Fiscal Year 2011

By Louis D. Victorino A great deal of discussion has transpired regarding recent legislation that reportedly could alter significantly the established “follow-the-funds” test used for the allocation of intellectual property rights in data developed under a government contract. The legislation involved is a provision of the National Defense Authorization Act for Fiscal Year 2011 (the “Act”), signed … Continue Reading

A Brief Guide to Alternative Contracting Arrangements for R&D

The United States has long been the world’s principal purchaser of (a) research and development services, (b) the products generated by the R&D, and (c) the intellectual property relating to that R&D.  Historically, Government-funded R&D has evoked images of an omnipresent, overly intrusive, audit-fixated purchaser bent on levying a host of required terms and conditions … Continue Reading
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