Intellectual Property Rights
Developing intellectual property (IP) is only half the equation for success in today’s marketplace. The organization creating the intellectual property must also know how to obtain – and retain – rights in it. Whether acting as inventor, manufacturer, licensor or licensee, all businesses face an increasingly complex legal and practical landscape as a result of ongoing changes in IP law worldwide.
Contractors doing business with the government face unique challenges in obtaining, protecting and capitalizing on rights in intellectual property. A variety of regulatory schemes govern the allocation of rights in inventions and data depending on the nature of the contract and the government customer in question. Contractors must identify and understand that the applicable rules are key, particularly in this era of restricted federal budgets as government agencies increasingly seek to maximize IP “bang” for their procurement “buck.” How effectively they can navigate the applicable IP requirements helps to determine many contractors’ ability to maintain profitability and a strong competitive position.
Jackson Kelly assists clients at every stage of the IP process, from identification and assertion of data rights in proposals and negotiating contracts to drafting downstream licenses and handling IP disputes. The Firm has extensive experience helping contractors and grantees assess their current and anticipated intellectual property in light of contractual requirements and applicable regulations. Working closely with the client, attorneys advise on strategies for securing and protecting IP rights and handle negotiations with both government purchasers and downstream licensees. The Firm also assists clients in their efforts to establish and implement effective internal procedures for identifying and managing IP assets.
Jackson Kelly clients who have intellectual property matters include contractors in the aerospace, biotech, defense, engineering, healthcare, higher education, IT services, manufacturing, research and development and software industries.
Conducted comprehensive assessment of research and engineering firm’s development of radio and sensor technology and providing advice concerning IP assertions in government contract negotiations and related commercial licensing.
Negotiated software licenses and services agreements with numerous federal, state and local government purchasers and their contractors on behalf of a multinational commercial software and IT services company.
Handled negotiations of a wide variety of technology licenses between research and development government contractor and its non-government customers.
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