Considerations For Federal Contractor Trade Secret Protection

By Kurt Kappes and Daniel Straus (January 31, 2019, 9:46 PM EST) -- Most federal government procurement contracts require contractors to grant the government unlimited license rights in certain technical data and computer software related to contract performance. After granting the government unlimited rights, contractors retain valuable ownership rights in their trade secrets, technical data and computer software. A recent case from the Armed Services Board of Contract Appeals, Appeals of The Boeing Company, ASBCA Nos. 61387, 61388, highlights the importance of contractors taking proactive steps to protect their ownership rights in trade secrets, technical data and computer software during contract formation, rather than waiting to resolve such issues during contract performance.[1]...

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