Washington, D.C., partner William Bergmann and associate Bukola Aina co-authored an article, "Intellectual Property Rights In Government Contracting," which was published in the July 27, 2009, edition of Government Contract Litigation Reporter.
According to the authors, "In the global economy, Intellectual Property rights—including patents, copyrights, trademarks and trade secrets—are often some of the most valuable assets owned by a company. Maintaining IP rights is crucial to both small and large companies, especially within industries that are highly technical. Companies engaging in business with government agencies are faced with a unique set of issues related to retaining and protecting their IP rights. Government contracting has the advantage of providing a company with access to federal funding for (a) research and development work relating to new technology, and (b) further contract work leading to the commercialization of that new technology for use by the government or the private sector."
Bergmann and Aina continue: "Government contractors can retain a significant portion of their IP rights during this process, but only by adhering to various statutes and regulations. In addition to protecting their own IP rights, contractors must be prepared to defend themselves against infringement claims that may be brought by other companies as a result of work performed under government contracts. This issue often occurs when the government awards a contract to one of two competitors and the other company alleges that carrying out the contract necessarily violates its IP rights."
Click to read the full article, "Intellectual Property Rights In Government Contracting."