Management Guide to Intellectual Property for State Departments of Transportation (2015) / Chapter Skim
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Pages 95-99
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95 This chapter presents some examples of how a state DOT might manage potential IP assets. The scenarios provided cover patents, trademarks, copyrights, and trade secrets.
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96 Management Guide to Intellectual Property for State Departments of Transportation • Option 3. The state DOT also could pursue IP protection and subsequently license the IP to the contractor and others in exchange for royalty payments.
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IP Management Application Examples 97 Had the state DOT relinquished ownership rights to the contractor, the contractor could have received financial gains without any compensation to the state DOT. In terms of maximizing taxpayer value, this may not have been the most desirable strategy.
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98 Management Guide to Intellectual Property for State Departments of Transportation and thoughts of the authors, and other published works. Although fair use may apply to much of the work included in the state DOT's document, the state DOT has been careful to cite all works from which they extracted material and has requested copyright clearance for works that they believe to be copyright protected.
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From page 99... ...
IP Management Application Examples 99 Given the number of proposals that the state DOT receives each year, the absence of controlling federal regulations, and variations across state laws with regard to trade secrets, it is essential that a state DOT have policies in place to guide decisions about managing proprietary IP it may receive as part of a bid or proposal -- particularly if the proposal contains self-identified trade secret information. Questions the state DOT may consider include: • What responsibilities, if any, does the state DOT have for keeping the contractor's trade secret secure?
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