Page History
Title: | U.S. Competitiveness in Licensing |
Publication date: | 11/27/2012 |
Effective date: | 3/12/2007 |
BRIEF
Policy Summary
Berkeley Lab's Technology Transfer and Intellectual Property Management (TTIPM) department must make intellectual-property licensing and assignment decisions that give preference to third parties providing economic and technological benefits to the U.S. domestic economy.
Who Should Read This Policy
Berkeley Lab researchers and TTIPM staff
To Read the Full Policy, Go To:
The POLICY tab on this wiki page
Contact Information
Licensing Manager
Technology Transfer and Intellectual Property Management
[email protected]
End Brief
Title: | U.S. Competitiveness in Licensing |
Publication date: | 11/27/2012 |
Effective date: | 3/12/2007 |
POLICY
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A. Purpose
This policy describes intellectual property licensing requirements at Lawrence Berkeley National Laboratory (Berkeley Lab)
B. Persons Affected
Berkeley Lab researchers and Technology Transfer and Intellectual Property Management (TTIPM) staff
C. Exceptions
Berkeley Lab can request approval from the Department of Energy (DOE) Contracting Officer if the U.S. competitive requirement is not met.
D. Policy Statement
Berkeley Lab supports the U.S. domestic economy through its intellectual property licensing program.
- Some of the factors TTIPM considers in its licensing program include:
- Whether related research & development will be performed in the U.S., and whether licensed products or components of licensed products will be substantially manufactured in the U.S.
- Whether a proposed licensee has a business located in the U.S.
- If the licensee is controlled by a foreign company or government, whether that foreign country's government allows U.S. entities to enter into cooperative research agreements and whether it protects U.S. intellectual property rights
- When a foreign company or government controls a potential licensee, TTIPM will research specified U.S. Trade Representative reports and other relevant information to reach conclusions regarding the foreign country's intellectual property stance.
- In the case of exclusive licenses, TTIPM will require that the licensees substantially manufacture in the U.S. licensed products for the U.S. market.
E. Roles and Responsibilities
Role | Responsibility |
TTIPM Licensing Staff |
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Department of Energy | Responds to any requests for a waiver of the U.S. industrial competitiveness requirement within 30 days |
F. Definitions/Acronyms
Term | Definition |
Exclusive License | An agreement between an owner and another party that permits the other party to make certain use of the property, with the understanding that the owner may not concurrently grant any other licenses that have the same rights within the scope or field covered by the exclusive license |
Policy | Statements or directives from the federal, state, or local government; the University of California; or Berkeley Lab senior management that set a course of action, define acceptable conduct, or implement governing principlesExample: Berkeley Lab Site Access |
TTIPM | Technology Transfer and Intellectual Property Management |
G. Recordkeeping Requirements
TTIPM Licensing keeps records of its consideration of U.S. industrial competitiveness factors as well as copies of any required DOE approvals.
H. Implementing Documents
None
I. Contact Information
Licensing Manager
Technology Transfer and Intellectual Property Management
[email protected]
J. Revision History
Date | Revision | By whom | Revision Description | Section(s) affected | Change Type |
1/2/2012 | 0 | H. Clark | New | All | Major |
11/27/2012 | 1 | V. Wolinsky | New | All | Minor |
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DOCUMENT INFORMATION
Title: | U.S. Competitiveness in Licensing |
Document number | 10.05.004.000 |
Revision number | 1 |
Publication date: | 11/27/2012 |
Effective date: | 3/12/2007 |
Next review date: | 11/27/2015 |
Policy Area: | Licensing |
RPM Section (home) | Information Management |
RPM Section (cross-reference) | None |
Functional Division | Technology Transfer and Intellectual Property Management |
Prior reference information (optional) |
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Source Requirements Documents
U.S. Department of Energy Contract No. DE-AC02-05CH11231, Clause I.92(f) – DEAR 970.5227-3, Technology Transfer Mission (Deviation July 2006), U.S. Industrial Competitiveness for Licensing and Assignments of Intellectual Property
Implementing Documents
None
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ADDITIONAL INFORMATION
Title: | U.S. Competitiveness in Licensing |
Document number | 10.05.004.000 |
Revision number | 1 |
Publication date: | 11/27/2012 |
Effective date: | 3/12/2007 |
Next review date: | 11/27/2015 |
Policy Area: | Licensing |
RPM Section (home) | Information Management |
RPM Section (cross-reference) | None |
Functional Division | Technology Transfer and Intellectual Property Management |
Author name/contact info | Heidi Clark, [email protected] |
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Revision 0 publication date | 1/2/2012 |
Retirement date | n/a |
Prior reference information (optional) |
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Inputs from more than one Functional Area? | No |
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Inputs from more than one Policy Area? | No |
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30-day notification needed? | No |
30-day start date | n/a |
30-day end date | n/a |
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LDAP protected? | No |
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Need TABL reminders? | No |
Frequency | n/a |
Brief reminder text: | n/a |
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Approval Sheet for this revision received (date) |
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Key labels/tags:
- Licensing, U.S. Industrial Competitiveness, substantial U.S. manufacture requirement, economic benefit
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