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Intellectual Property Rights Clauses in Agreements - ADS 318.2

According to ADS 318.2, Intellectual Property Rights, Primary Responsibilities, the Office of General Counsel (General Counsel) is the primary USAID office responsible for reviewing and providing guidance on intellectual property rights reports. Moreover, both contracting officers and agreement officers are responsible for ensuring that:

  • Appropriate intellectual property rights provisions and clauses are included in solicitation documents and funding agreements;
  • Appropriate intellectual property rights provisions and clauses are included in grants and cooperative agreements with U.S. nongovernmental organizations; and
  • Claims by offerors, applicants, or current implementers of exclusive or proprietary rights to intellectual property that has specific and frequent application in USAID activities are closely examined.

As an additional management oversight, contracting officer’s technical representatives (COTRs) and AOTRs ensure that the provisions and other applicable regulations are met. For intellectual property materials used overseas, the COTR and AOTR must coordinate with the Regional Legal Advisor to ensure that the beneficiary rights in intellectual property developed for a project are properly documented under local laws.

Source: AUDIT REPORT NO. 6-268-11-003-P December 6, 2010

This information is derived from audit reports of the Office of the Inspector General. The source refers to the audit report, which is available on this site as part of the Audit Database Project: an educational tool for compliance with USAID regulations.  Please see the disclaimer of this site before using this information.

Tags: Awards and Contracts

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