Steps to conduct
Insurance negotiations: Use
appropriate negotiation techniques to make
sure that:
- Important issues are determined
- The state's position is properly set
forth
- Alternatives are explored where there
is disagreement
- Agreement is reached on all contract
terms
- Negotiation ethics are followed
In negotiating price and other
terms, make sure that the following are
resolved, as provided by the procurement
plan:
- Patents and royalties questions
- Copyright questions
- Insurance questions
- Labor questions
- Taxes
- Certificate of current pricing data
Determine whether ethical standards
have been adhered to, especially:
- Covenants against contingent fees (report
to higher authority any failure to furnish
required information or any other information).
- Standards prohibiting officials from
receiving any benefit, gratuities, or
kickbacks (report any violation to the
contracting officer).
Property Rights Management
Intellectual property laws confer a bundle
of exclusive rights in relation to the particular
form or manner in which ideas or information
are expressed or manifested, and not in
relation to the ideas or concepts themselves
(see idea-expression divide). It is therefore
important to note that the term "intellectual
property" denotes the specific legal
rights which authors, inventors and other
IP holders may hold and exercise, and not
the intellectual work itself.
Intellectual property laws are designed
to protect different forms of intangible
subject matter, although in some cases there
is a degree of overlap.
- Copyright may subsist in creative and
artistic works (eg. books, movies, music,
paintings, photographs and software),
giving a copyright holder the exclusive
right to control reproduction or adaptation
of such works for a certain period of
time
- A patent may be granted in relation
to an invention that is new, useful and
not simply an obvious advancement over
what existed when the application was
filed. A patent gives the holder an exclusive
right to commercially exploit the invention
for a certain period of time (typically
20 years from the filing date of a patent
application)
- A trademark is a distinctive sign which
is used to distinguish the products or
services of one business from those of
another business
- An industrial design right protects
the form of appearance, style or design
of an industrial object (eg. spare parts,
furniture or textiles).
- A trade secret (also known as "confidential
information") is an item of confidential
information concerning the commercial
practices or proprietary knowledge of
a business
Patents, trademarks and designs fall into
a particular subset of intellectual property
known as industrial property. Like other
forms of property, intellectual property
(or rather the exclusive rights which subsist
in the IP) can be transferred (with or without
consideration) or licensed to third parties.
In some jurisdictions it may also be possible
to use intellectual property as security
for a loan.
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