Defense contractors may soon face changes to their rights in computer software and technical data.
The U.S. Department of Defense (DOD) has proposed revisions to the Defense Federal Acquisition Regulation Supplement (DFARS) designed to shift intellectual property rights terms from the current standard to terms that are more individualized by contract – resulting in ownership and license rights that are more favorable to the government and less favorable to contractors. Among other changes, the new rules will require contractors to assign monetary value to their technical data and computer software in proposals. The new rules also will encourage the government to negotiate for special license rights.