|
Section 13.05 Intellectual Property. Tex. Health & Safety Code § 12.020 authorizes DSHS to
<br />protect intellectual property developed as a result of this Contract.
<br />a) "Intellectual property" means created property that may be protected under copyright,
<br />patent, or trademark/service mark law.
<br />b) For purposes of this Contract intellectual property prepared for DSHS use, or a work
<br />specially ordered or commissioned through a contract for DSHS use is "work made for
<br />hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the
<br />extent that title and interest to any such work may not, by operation of law, vest in DSHS,
<br />or such work may not be considered a work made for hire, Contractor irrevocably assigns
<br />the rights, title and interest therein to DSHS. DSHS shall have the right to obtain and
<br />hold in its name any and all patents, copyright, registrations or other such protections as
<br />may be appropriate to the subject matter, and any extensions and renewals thereof.
<br />Contractor must give DSHS and the State of Texas, as well as any person designated by
<br />DSHS and the State of Texas, all assistance required to perfect the rights defined herein
<br />without charge or expense beyond those amounts payable to Contractor for goods
<br />provided or services rendered under this Contract.
<br />c) If federal funds are used to finance activities supported by this Contract that result in the
<br />production of intellectual property, the federal awarding agency reserves a royalty -free,
<br />nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to
<br />authorize others to use, for federal government purposes (1) the copyright in any
<br />intellectual property developed under this Contract, including any subcontract; and (2)
<br />any rights of copyright to which a Contractor purchases ownership with contract funds.
<br />Contractor shall place an acknowledgment of federal awarding agency grant support and
<br />a disclaimer, as appropriate, on any publication written or published with such support
<br />and, if feasible, on any publication reporting the results of or describing a grant- supported
<br />activity. An acknowledgment shall be to the effect that "This publication was made
<br />possible by grant number from federal awarding a eg ncy )" or "The project
<br />described was supported by grant number from
<br />( federal awarding agency and "Its contents are solely the responsibility of the authors
<br />and do not necessarily represent the official views of the ( federal awarding agency
<br />d) In the event the terms of a federal grant award the copyright to Contractor, DSHS
<br />reserves a royalty -free, nonexclusive, worldwide and irrevocable license to reproduce,
<br />publish or otherwise use, and to authorize others to use, for DSHS, public health, and
<br />state governmental noncommercial purposes (1) the copyright, trademark, service mark,
<br />and/or patent on an invention, discovery, or improvement to any process, machine,
<br />manufacture, or composition of matter; products; technology; scientific information;
<br />trade secrets; and computer software, in any work developed under a grant, subgrant, or
<br />contract under a grant or subgrant; and (2)
<br />any rights of copyright, service or trade marks or patents to which a grantee, subgrantee
<br />or a Contractor purchases ownership with contract funds.
<br />e) If the results of the contract performance are subject to copyright law, the Contractor
<br />cannot publish those results without prior review and approval of DSHS. Contractor shall
<br />submit requests for review and approval to the Division Contract Management Unit
<br />assigned to the Program Attachment.
<br />General Provisions (Core Subrecipient) 2010 27
<br />
|