Intellectual Property in Government Contracts
Protecting and Enforcing IP at the State and Federal Level
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Product details:
- Publisher Oxford University Press
- Date of Publication 23 April 2009
- ISBN 9780195338560
- Binding Paperback
- No. of pages514 pages
- Size 235x157x28 mm
- Weight 851 g
- Language English 0
Categories
Long description:
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 litigation.
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
Table of Contents:
Introduction
A. The Government Market and the Private Sector
B. The Importance of Sovereignty Immunity in Analyzing Government Contracts
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
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
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
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
Conclusion
