[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR27.408]

[Page 526]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 27--PATENTS, DATA, AND COPYRIGHTS--Table of Contents
 
               Subpart 27.4--Rights in Data and Copyrights
 
Sec. 27.408  Cosponsored research and development activities.

    (a) In contracts involving cosponsored research and development 
wherein the contractor is required to make substantial contributions of 
funds or resources (i.e., by cost-sharing or by repayment of 
nonrecurring costs), and the contractor's and the Government's 
respective contributions to any item, component, process, or computer 
software, developed or produced under the contract are not readily 
segregable, the contracting officer may limit the acquisition of or 
acquire less than unlimited rights to any data developed and delivered 
under such contract. Agencies may regulate the use of this authority in 
their supplements. Basically such rights should, at a minimum, assure 
use of the data for agreed-to Governmental purposes (including 
reprocurement rights as appropriate), and will address any disclosure 
limitations or restrictions to be imposed on the data. Also, 
consideration may be given to directed licensing provisions if needed to 
carry out the objectives of the contract. Since the purpose of the 
cosponsored research and development, the legitimate proprietary 
interests of the contractor, the needs of the Government, and the 
respective contributions of both parties may vary, no specific clauses 
are prescribed, but a clause providing less than unlimited rights in the 
Government for data developed and delivered under the contract (such as 
license rights) may be tailored to the circumstances consistent with the 
foregoing and the policy set forth in 27.402. As a guide, such clause 
may be appropriate when the contractor contributes money or resources, 
or agrees to make repayment of nonrecurring costs, of a value of 
approximately 50 percent of the total cost of the contract (i.e., 
Government, contractor, and/or third party paid costs), and the 
respective contributions are not readily segregable for any work element 
to be performed under the contract. Such clause may be used for all or 
for only specifically identified tasks or work elements under the 
contract. In the latter instance, its use will be in addition to 
whatever other data rights clause is prescribed under this subpart, with 
the contract specifically identifying which clause is to apply to which 
tasks or work elements. Further, such clause may not be appropriate 
where the purpose of the contract is to produce data for dissemination 
to the public, or to develop or demonstrate technologies which will be 
available, in any event, to the public for their direct use.
    (b) Where the contractor's contributions are readily segregable (by 
performance requirements and the funding therefor) and so identified in 
the contract, any data resulting therefrom may be treated under such 
clause as limited rights data or restricted computer software in 
accordance with 27.404 (d) or (e), as applicable; or if such treatment 
is inconsistent with the purpose of the contract, rights to such data 
may, if so negotiated and stated in the contract, be treated in a manner 
consistent with paragraph (a) of this section.