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The Department of Defense is actively pursuing “Other Transactions” (OTs) instead of procurement contracts. This allows DOD and its contractors to avoid many of the most burdensome aspects of the procurement regulations.

DOD's Other Transactions: Data Rights & Intellectual Property Simplified

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The Department of Defense is actively pursuing “Other Transactions” (OTs) instead of procurement contracts. This allows DOD and its contractors to avoid many of the most burdensome aspects of the procurement regulations. But it also allows for even more confusion than usual about how to handle intellectual property rights, particularly rights in technical data and computer software, because there are no “standard” IP clauses for OTs.Morrison & Foerster Partner Jay DeVecchio has written a <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltefaca2a1a876415e/627317ca0d4d8e1d7f10f312/190701-dod-data-rights-ip-simplified.pdf">Briefing Paper</a>, published by Thomson Reuters, that sorts out these issues and offers clear, practical advice. With Thomson Reuters’ permission we have attached Jay’s paper, which we hope will assist you in your OT negotiations.