Rights in technical data and software under federal contracts raise complexities that are not encountered on the grants and agreements side, and differ markedly from rights to inventions under the Bayh-Dole Act with which many research administrators are familiar. In addition, federal granting agencies have created guidelines and grant conditions that require data sharing in various programs and circumstances. This interactive workshop will discuss these complexities and pitfalls to be aware of in negotiating the data rights terms of federal research agreements. The differences in approach between civilian agency and defense contracts, the varying definitions of "data" subject to federal rights, the various categories of these rights, issues with regard to copyright and computer software, and a variety of special clauses, including the "notorious" FAR Special Works, DFARS 7000 clauses and NIH Public Access Policy will be discussed. (This workshop will not address FDA clinical trial requirements).Examples of approaches and solutions drawn from participants' negotiating experiences will be an important aspect of the workshop.
Participants will gain an in-depth understanding of:
Working knowledge of Federal Acquisitions Regulations (FAR), Defense Supplement (DFARS) and federal research grant policy and agreement terms and conditions.
Advanced