第２章
　　　　IP legislation and policy background

Contents
The IP regulation applicable to IP generated through government funds is determined primarily by the nature of the funding vehicle
The IP regulation applicable to IP generated through government funds is determined primarily by the nature of the funding vehicle (continued)
Technology transfer legislation is also important as a result of the ‘gray zone’ between ‘IP ownership’ and technology transfer
The primary mechanism of IP regulation is the FAR (Federal Acquisition Regulation), or legislation enacted by individual agencies to supercede the FAR
The FAR grants government contractors the right to apply for patents in their work for the government, although there are a number of formal reasons for exception
However, copyright automatically resides with the government, although the government has the freedom to grant copyright to the contractors should they ask for it
Software copyright, in particular, is explicitly covered by the FAR
European IP philosophy, to the extent reflected in the Esprit program, preserves contractors’ rights to IP (over government claims), leaving IP in the hands of those most likely to commercialize.