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2010 SESSION
10101352DBe it enacted by the General Assembly of Virginia:
1. That § 2.2-2822 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-2822. Ownership and use of intellectual property developed by certain public employees; Creative Commons copyrights.
A. Patents For purposes of this section,
"intellectual property" means patents, copyrights or,
trademarks, and any materials that were potentially patentable or
copyrightable or work product protected under federal or state
intellectual property laws.
B. Intellectual property developed by a state employee
during working hours or, within the scope of his employment,
or when using state-owned or state-controlled facilities shall be the property
of the Commonwealth.
BC. The Secretary of Administration, in consultation
with the Secretary of Technology, shall establish policies a written
policy, subject to the approval of the Governor, regarding the protection
and release of patents and copyrights intellectual property owned
by the Commonwealth. Such policies policy shall include, at a
minimum, the following:
1. A policy granting Grant state agencies the
authority over the protection and release of patents and copyrights
intellectual property created by employees of the agency. Such policy
shall authorize state agencies to release all potentially copyrightable
materials under the Creative Commons or Open Source Initiative licensing
system, as appropriate., provided that the agency adopts an intellectual
property policy consistent with the written policy developed by the Secretary
of Administration pursuant to this section;
2. A provision authorizing state [ Require
A
provision authorizing ] agencies to seek patent
protection only in those instances where the agency reasonably determines the
patent has significant a commercial value that, at a minimum,
exceeds the cost of obtaining the patent. The Within 30 days of
submitting a patent application, the responsible state agency shall file
with the Secretary a summary of the expected commercial value of the
patent., the cost to the agency to develop the patentable work, the
expected cost of the patent application, and the expected value such patent
will add to the agency or the Commonwealth;
3. A procedure authorizing state Authorize
agencies to determine whether to license or transfer to a state employee
any interest in potentially patentable material intellectual property
developed by that employee during work hours, within the scope of his
employment, or when using state-owned or state-controlled facilities, as
well as to determine the terms of such license or transfer.;
4. A procedure authorizing state Authorize
agencies to determine whether to license or transfer to a private entity
any interest in potentially patentable material intellectual property
developed by that agency, as well as to determine the terms of such license or
transfer;
5. Authorize the use of Creative Commons and Open Source Initiative licensing systems, as appropriate; and
6. Include a series of guidelines to assist agencies in developing agency-specific intellectual property policies.
CD. Nothing in this section shall be construed
to limit access to public records as provided in the Virginia Freedom of
Information Act (§ 2.2-3700 et seq.).
DE. This section shall not apply to employees of
public institutions of higher education who shall be subject to the patent and
copyright policies of the institution employing them.
F. A state agency that licenses or transfers any interest in intellectual property to a state employee or private entity shall submit an annual report to the Secretary of Administration that includes a general description of the intellectual property, the terms of the license or transfer, and the amount paid to the agency.
2. That the Secretary of Administration, in consultation with the Secretary of Technology, shall submit a final copy of the intellectual property policy and guidelines required pursuant to this act to the House Committee on Science and Technology, the Senate Committee on General Laws and Technology, and the Joint Commission on Technology and Science no later than December 1, 2010.