Intellectual Property in Government Contracts

Intellectual Property in Government Contracts : Protecting and Enforcing IP at the State and Federal Level

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This book provides a unique comprehensive survey of U.S. federal intellectual property procurement laws as well as a detailed analysis of state procurement rules. Encompassing the concerns of the private and government sectors, this book is a groundbreaking, valuable resource for both sectors. It gives an extensive overview of U.S. federal and state procurement systems, and strategies for handling government misuse of private-sector IP rights. The book is intended for an expanding audience of academics, government lawyers, in-house and outside private attorneys specializing in procurement law, and practitioners of international and intellectual property more

Product details

  • Paperback | 514 pages
  • 154.94 x 233.68 x 35.56mm | 839.14g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 0195338561
  • 9780195338560

Review quote

This book is a valuable resource for anyone dealing with U.S federal and state procurement systems providing strategies for handling government misuse of private-sector IP rights Stephen Albainy-Jenei, Patent Baristas; phramacompanies.infoshow more

About James McEwen

James McEwen, a partner of Stein McEwen LLP, has prepared and prosecuted patent applications in computer hardware and software, control systems, mechanical and optical devices, semiconductor manufacturing, batteries, and display device technologies. In addition, Mr. McEwen has prepared and been involved in patent validity and infringement opinions, reissue and reexamination proceedings, intellectual property licensing and settlement negotiations, intellectual property licensing with elements of the Federal government, trademark prosecution, domain name disputes, trade secret protection, and provided litigation support in patent infringement claims. David S. Bloch is a partner with the law firm of Winston & Strawn, LLP., at their San Francisco office. David focuses his practice on complex intellectual property disputes, as well as the intersections of antitrust, government contracts, and intellectual property law. He is a graduate of Reed College and The George Washington University (M.P.H., J.D. with honors), and served as a Fellow in International Trade Law at the University Institute of European Studies in Turin, Italy, in 1997. Richard M. Gray is Associate General Counsel (Acquisition & Logistics), Department of Defense Office of General Counsel. Mr. Gray was formerly the Director of the Intellectual Property Office, and Associate General Counsel, in the Acquisition Law Division of the Department of the Air Force, Office of the General Counsel. Mr. Gray also participates in regulatory and statutory drafting, and coordinating Air Force reporting to Congress and the Government Accountability Office. Additionally, Mr. Gray practices in the areas of cyberspace and computer law, information management, information assurance, e-authentication, and information technology more

Table of contents

I. Introduction; A. The Government Market and the Private Sector; B. The Importance of Sovereignty Immunity in Analyzing Government Contracts; II. U.S. Government Procurement Practices; A. The Role of Government in the Procurement System; 1. Government as Developer of Intellectual Property Rights; 2. Government as Acquirer of Intellectual Property Right; 3. Government as Rule-Maker; 4. Government and Private Sector Uses of and Needs for IP; 5. IP Developers Versus Second-Source Part Replicators; B. The Past, Present, and Future of Government Procurement; 1. Pre-set Rules Regulate Government Contracts; 2. The Present: Federal Acquisition System; a. Patent Protection; b. Copyright and Trade Secret Protection; c. Trademark Protection; d. Other Provisions; 3. The Future: Beyond Acquisition; a. Grants and Cooperative Agreements; b. CRADAS; c. Other Transactions; d. Prize Authorities; e. Venture Funding; III. Contracting With The States; A. An Overview of State Procurement Law: What are States Buying, and How?; B. Key Differences Between the State and Federal Procurement Systems; C. Intellectual Property Transactions at the State Level; IV. Technology Transfer; A. Stevenson-Wydler and E.O. 12591; B. CRADAs and OTs as Technology Transfer Vehicles; C. Technology Transfer at the State Level; 1. Technology Transfer of Public University IP; 2. Technology Transfer from Public Research Programs; 3. Public-Private Partnerships; D. Technology Transfer in the European Union: A Comparative Analysis; V. Remedies When Government Misuses Intellectual Property Rights; A. The Importance of Sovereign Immunity in Government Litigation; B. The Anatomy of a Federal Contract Dispute; C. Remedies against the Government; 1. Remedies for Patent Infringement; 2. Remedies for Copyright Infringement; 3. Remedies for Trademark Infringement; a. Background and History of Government Uses of Trademarks; b. Use of Trademarks to Obtain Injunctive Relief against the Government; c. Hypotheticals Involving Government Trademark Misuse; 4. Remedies for Trade Secret Infringement; VI. Conclusionshow more