ROLM Intellectual Data/Property Rights Ownership Sought

Description

Blueprint drawing numbers16-200901, 78-115493, 200959-05_0B6J0, 200972-03_0B6J0, 201049-01_14345, 201050-01_14345, and 201050-02_14345 contain unauthorized restrictive markings, and based upon information and belief, have been abandoned by the Owner/Contractor. The Government asserts its right to require the Owner/Contractor to furnish clear and convincing evidence of the propriety of any restrictive markings used by the contractor under contract on Blueprint drawing numbers 16-200901, 78-115493, 200959-05_0B6J0, 200972-03_0B6J0, 201049-01_14345, 201050-01_14345, and 201050-02_14345. The Government shall correct, cancel, ignore and/or remove any marking not authorized by contract on any technical data on Blueprint drawing numbers 16-200901 78-115493, 200959-05_0B6J0, 200972-03_0B6J0, 201049-01_14345, 201050-01_14345, and 201050-02_14345 if: (1) the Owner/Contractor fails to respond within sixty (60) days to the inquiry by the Government concerning the propriety of the markings, or (2) the Owner/Contractor's response fails to substantiate, within sixty (60) days after the notice, the propriety of limited rights markings by clear and convincing evidence, or of restricted rights markings by identification of the restrictions set forth in the contract.

If no response to the Government’s inquiry has been received within sixty (60) days by the Contracting Officer, or if the response fails to substantiate by clear and convincing evidence that the markings were authorized, the Government shall cancel, ignore and/or remove such markings from Blueprint drawing numbers 16-200901, 78-115493, 200959-05_0B6J0, 200972-03_0B6J0, 201049-01_14345, 201050-01_14345, and 201050-02_14345, notify the Owner/Contractor accordingly, and, thereafter, the Government shall use such technical data on Blueprint drawing numbers 16-200901, 78-115493, 200959-05_0B6J0, 200972-03_0B6J0, 201049-01_14345, 201050-01_14345, and 201050-02_14345 with unlimited rights in accordance with DFARS 252.227-7013. Unlimited Rights means rights to use, duplicate, or disclose technical data, in whole or in part, in any manner and for any purpose whatsoever, and to have or permit others to do so.