Intellectual Property Protection
#Why is this Important
#Reference
#Overview
#Criticality
#Sample RFP Language
#Sample Contract Clauses
Why is this Important:
Similar to completely defining the data that is to be protected, the institution of higher education will also want to maintain tight control over the ownership of its data and marks. Intellectual property (including data) is a valuable commodity.
Reference:
Appendix 1 ISO/IEC 27002:2005, Reference 6.2.3(t)
Overview:
Clauses specify that institution data included/used in a vendor application does not become property of the vendor.
Also consider: Provide contractor with the right and license to utilize and display such names, logos, brands, marks and other institutional content only to the extent necessary to include them in the application / system provided by contractor under the contract.
Criticality: Category 2.
Sample RFP Language:
- Not Applicable. Theme best addressed with contract clauses.
Sample Contract Clauses:
- [Vendor] acknowledges that all content uploaded to [Vendor]'s service, or made accessible to [Vendor]'s systems or personnel remains the intellectual property of the Institution or the individual providing the content as defined by existing regulation and Institution policy.
- Use of Institution name, marks, or logos: All use by [Vendor] of Institution name, marks, and content must be approved in advance and in writing by Institution. All rights to the Institution marks and content shall at all times remain the property of the [governing body of Institution] and [Vendor] shall be allowed to use them only in the performance of its obligations under the terms and conditions of the contract during the term specified in the contract. The contract does not confer upon [Vendor] any other rights, goodwill or other interest in the Institution marks or content. [Vendor]'s use of the Institution name, marks, or content under the contract must not state or imply that Institution endorses the [vendor]'s products or services. [Vendor] has no right to use the Institution name, marks, or content to promote [Vendor]'s products and services. [Vendor]'s use of the Institution name, marks and content must comply with the rules and regulations and policies of Institution's [governing body of Institution], as well as all Institution policies.
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