License to Intellectual Property Rights in Canada-owned Information

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Attention! As part of the Acquisitions Program’s transformation agenda, PSPC is planning to archive and migrate the SACC manual to the CanadaBuys website. The SACC manual will continue to be available on the BuyandSell website to ensure continuity of service during this transition period. At this time, an initial version of the archived version of the SACC has been posted on CanadaBuys. We encourage you to go visit the site and get comfortable with the new format of the SACC at the following:

Archived - Standard Acquisition Clauses and Conditions Manual | CanadaBuys

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Item Information

Revision History

Date Status ID Title
2008-05-12 Active K3315C License to Intellectual Property Rights in Canada-owned Information (2008-05-12) K3315C

Remarks – Recommended Use of SACC Item

Use the following clause in contracts when Canada will own the foreground information pursuant to supplemental general conditions 4007 or clause K3410C, if the client department or agency agrees to grant the contractor access to Canada-owned information for purposes of contractor's further development or commercial exploitation of the licensed foreground information, where such development and commercial exploitation is permitted under the license from Canada. Such a license to Canada-owned information would be negotiated separately between the client department or agency and the contractor.

If appropriate, replace "certain Canada-owned information" by a list of specific items Canada may be willing to licence to the contractor.

Use this clause in conjunction with K3305C.

Legal text for SACC item

If the Contractor wishes to make use of certain Canada-owned information for purposes of the commercial exploitation or further development of the Foreground Information licensed to the Contractor, the Contractor may make a written request for a license to exercise the required Intellectual Property Rights in such Canada-owned information, to the client department or agency for whom the Work is or was performed. The Contractor must give the client department or agency an explanation as to why such a license is required. The client department or agency must respond in writing to any request for such a license within a reasonable period of time. If the client department or agency agree to grant such a license, it will be on conditions to be negotiated between the Contractor and the client department or agency. It is understood that those conditions may include payment of compensation to Canada.