State Ownership. The Parties agree that TWC will own all right, title and interest in and to the work products including deliverables, source and object code and documentation developed by the Vendor in connection with the contract.
2.15.1 All work products including deliverables, source and object code and documentation, in whole or in part, will be deemed works made for hire of TWC for purposes of copyright law and copyright will belong solely to TWC.
2.15.2 To the extent that any such work product or deliverable does not qualify as a work made for hire under applicable law, and to the extent that the deliverable or work product includes materials subject to copyright, patent, trade secret, or other proprietary right protection, Vendor agrees to assign, and hereby assigns, all right, title, and interest in and to the work products and deliverables, including without limitation all copyrights, inventions, patents, trade
2.15.3 Vendor will assist TWC or its nominees (including, but not limited to, the State of Texas) to obtain copyrights, trademarks, or patents for all such work products or deliverables in the United States and any other countries. Vendor agrees to execute all papers and to give all facts known to it necessary to secure United States or foreign country copyrights and patents, and to transfer to TWC all the right, title, and interest in and to such work products or deliverables. Vendor agrees to not assert any moral rights under applicable copyright law with regard to such work products and deliverables.
2.15.4 Vendor agrees to reproduce and include TWC's copyright and other proprietary notices and product identifications provided by Vendor on such copies, in whole or in part, or on any form of the work products or deliverables.
State Ownership. The Agency shall have the right to use, disclose, or duplicate all information and data developed, derived, documented, or furnished by the Health Plan resulting from this Contract. Nothing herein shall entitle the Agency to disclose to third parties data or information that would otherwise be protected from disclosure by state or federal law.
State Ownership. Ownership of all information and data developed, derived, documented, or furnished by the contractor resulting from this contract resides with the Division, State of Mississippi. The Division shall have unlimited use of this information to disclose, duplicate or utilize for any purposes whatsoever.
State Ownership. The Parties agree that TWC will own all right, title and interest in and to the work products including deliverables, source and object code and documentation developed by the Vendor in connection with the contract.
2.18.1. All work products including deliverables, source and object code and documentation, in whole or in part, will be deemed works made for hire of TWC for purposes of copyright law and copyright will belong solely to TWC.
2.18.2. To the extent that any such work product or deliverable does not qualify as a work made for hire under applicable law, and to the extent that the deliverable or work product includes materials subject to copyright, patent, trade secret, or other proprietary right protection, Vendor agrees to assign, and hereby assigns, all right, title, and interest in and to the work products and deliverables, including without limitation all copyrights, inventions, patents, trade secrets, and other proprietary rights therein (including renewals thereof) to TWC.
2.18.3. Vendor will assist TWC or its nominees (including but not limited to the State of Texas) to obtain copyrights, trademarks, or patents for all such work products or deliverables in the United States and any other countries. Vendor agrees to execute all papers and to give all facts known to it necessary to secure United States or foreign country copyrights and patents, and to transfer to TWC all the right, title, and interest in and to such work products or deliverables. Vendor agrees to not assert any moral rights under applicable copyright law with regard to such work products and deliverables.
2.18.4. Vendor agrees to reproduce and include TWC's copyright and other proprietary notices and product identifications provided by Vendor on such copies, in whole or in part, or on any form of the work products or deliverables.
State Ownership. Although compulsory licensing erodes the proprietary interest of an owner of intellectual property, it is less invasive than outright nationalization, the taking of property into public ownership in exchange for payment of ‘fair compensation’to its owner. Public ownership has returned in recent times but more as a response to financial emergency than as a policy for more settled times. Historically, the law of the European Union’s predecessors was neutral on the issue of state ownership of the means of production. The TFEU still provides that ‘The Treaties shall in no way prejudice the rules in Member States governing the system of property ownership’,15 a formulation relative to public ownership and traceable back to the EC Treaty16 and prior to that, expressed slightly differently, to the Treaty of Paris.17 But the TFEU also provides for ‘a highly competitive social market economy’.18 The require- ment of equal treatment, in all its manifestations including but not confined to the law of state aid, means that a state-owned undertaking cannot (except conceivably in very particular circumstances unrelated to the issues being examined) be given new privileged access to a strategic position in the economy of an EU or EEA state.19 Similarly, the freedoms embodied in the TFEU and the EEA Agreement preclude any steps that might have the effect of penalizing an undertaking from another Member State/contracting party state for having successfully scaled the commanding heights of an economy in a host state, following the exercise of its right of establishment there.20 Given that compulsory licensing is available and that, because it does not involve outright transfer, the amount of ‘fair compensation’ payable is the value of not more than a non-exclusive limited licence of the total intellectual property right; given also that fair compensation would be the open market price on a willing-purchaser, willing-seller basis determined, in the absence of agreement, by an expert valuer, it is difficult to see what benefit the state could obtain from outright nationalization that it could not obtain at less cost from a compulsory licence. It should also be noted that the fact that an undertaking is wholly or partly owned by a Member State does not of itself entitle the state to accord to that undertaking any treatment more favourable21 or less favourable22 than accorded to wholly private undertakings.
State Ownership. The State, directly or indirectly through State-owned entities, shall acquire and hold an ownership interest, or an option to take an ownership interest, in the Project as provided in Articles 7.2 and 7.
State Ownership. The Agency shall have the right to use, disclose, or duplicate all information and data developed, derived, documented, or furnished by the PDHP resulting from this contract. Nothing herein shall entitle the Agency to disclose to third parties data or information that would otherwise be protected from disclosure by state or federal law.
State Ownership. The State retains title to and all ownership rights in State Data but grants Provider the right to access and use State Data for the purpose of complying with its obligations under this Agreement and any applicable Statement of Work. The State also retains title and ownership to that certain source and object code that is made available by it or developed by Provider for the State and that is embedded in the hardware and software used by Provider to provide Subscription Services and Non-subscription Services to the State under this Agreement. Such source code and object code will be accompanied by documentation that is sufficiently annotated. Unless otherwise specified in a Statement of Work, the State owns all Work Product. The State shall have all rights, title and interest, including ownership of copyright, in and to the Work Product and all copies and derivatives of the Work Product. To the extent that any of the Work Product is not deemed a “work for hire” by operation of law, Provider irrevocably assigns, transfers and conveys, and shall cause Provider’s agents to irrevocably assign, transfer and convey, to the State without further consideration, all of its right, title and interest in and to such Work Product, including all rights of patent, copyright, trade secret or other proprietary rights in such materials. Provider acknowledges that the State and the assigns of the State shall have the right to obtain and hold in their own name any intellectual property rights in and to such Work Product. Provider agrees to execute any documents or take any other actions as may reasonably be necessary, or as the State may reasonably request, to perfect the State’s ownership of any such Work Product. At no cost to the State, Provider shall (i) deliver to the State, upon the State’s request during the term of this Agreement or at the expiration or termination of all or part of Provider’s performance under this Agreement, a current copy of all Work Product in the form and on the media in use as of the date of the State’s request, or as of such expiration or termination, as the case may be; and (ii) upon the expiration or termination of this Agreement, destroy or erase all other copies of Work Product in Provider’s possession.
State Ownership. 17 1.14 Damages from Federal Disallowances .............................. 17 1.15
State Ownership. The department and agency will have the right to use, disclose, or duplicate, all information and data developed, derived, documented, or furnished by the contractor resulting from the contract. Nothing herein will entitle the department and agency to disclose to third parties data or information which would otherwise be protected from disclosure by state or federal law. DAMAGES FROM FEDERAL DISALLOWANCES In addition to any remedies available through the contract, in law or equity, the contractor must reimburse the agency for any federal disallowances or sanctions imposed on the department or agency as a result of the contractor's failure to abide by the terms of the contract.
