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Contractor to own IP: No Explicit License Rights for Canada

Attention: The Government Procurement provisions of the North American Free Trade Agreement (NAFTA) continue to apply until the recently announced United States-Mexico-Canada Agreement (USMCA) is ratified and enters into force. More information about the USMCA will be provided in the coming weeks.

Item Information

Revision History

Date Status ID Title
2008-05-12 Active K3002C Contractor to own IP: No Explicit License Rights for Canada (2008-05-12) K3002C

Remarks – Recommended Use of SACC Item

Use the following clause in contracts to delete the copyright clause in general conditions 2010B and 2035, when the client department has specified that copyright in the work will belong to the contractor and when Canada does not wish to have any license to the work.

Use this clause in conjunction with general conditions 2010B and 2035. Clause K3030C may be used in conjunction with this clause when material subject to copyright protection will be created in the performance of the contract and the client department wishes to ensure that it obtains a license to exercise all rights comprised in the copyright in that material.

Do not use this clause in conjunction with general conditions 2040.

Legal text for SACC item

The general conditions are amended by deleting in its entirety the section entitled "Copyright", and replacing it with the following:

"Without affecting any existing intellectual property rights or relating to information or data supplied by Canada for purposes of the Contract, copyright in anything conceived, developed, or produced as part of the Work under the Contract will belong to the Contractor."