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The Vermont Statutes Online



Title

03

:
Executive






Chapter

014

:
STANDARDS FOR CONTRACTS INCLUDING PRIVATIZATION CONTRACTS











 

§

346. State contracting; intellectual property, software design, and information

technology

(a) The

Secretary of Administration shall include in Administrative Bulletin 3.5 a

policy direction applicable to State procurement contracts that include services

for the development of software applications, computer coding, or other

intellectual property, which would allow the State of Vermont to grant

permission to the contractor to use or own the intellectual property created

under the contract for the contractor's commercial purposes.

(b) The

Secretary may recommend contract provisions that authorize the State to

negotiate with a contractor to secure license terms and license fees, royalty

rights, or other payment mechanism for the contractor's commercial use of

intellectual property developed under a State contract.

(c) If the

Secretary authorizes a contractor to own intellectual property developed under

a State contract, the Secretary may recommend language to ensure the State

retains a perpetual, irrevocable, royalty-free, and fully paid right to

continue to use the intellectual property. (Added 2013, No. 199 (Adj. Sess.), §

18.)