Why does DOE retain government license and march-in rights?
Retention of these rights in CRADAs is required by law. The Government license is viewed as recognition of the Government investment that created the facility and the background technology from which a CRADA arises. March-in rights are retained by the Government to assure that technology arising from laboratories is commercialized. Should a laboratory licensee or CRADA partner abandon commercialization, the government has the right to require the partner to license a third party, who is interested in commercializing the technology, at a reasonable royalty. These rights have never been exercised.
Related Questions
- Is the GPL compatible with Government Unlimited Rights contracts, or does the requirement to display the license, etc, violate Government Unlimited Rights contracts?
- Can the University license technology developed with government funds, such as research grants from the NIH or DOE?
- Why does DOE retain government license and march-in rights?
