California Code of Regulations
Title 3 - Food and Agriculture
Division 1 - Administration
Chapter 5 - Grant Administration
Section 323.2 - Department Use
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
The Recipient shall grant the Department use of intellectual property developed as a result of a grant award as follows:
(a) The Recipient shall notify the Department of trademark or patent applications filed or approved for any invention resulting from a grant award from the Department.
(b) The Recipient shall be responsible for the costs associated with trademark or patent applications; such costs are not allowable charges to the grant award.
(c) The Recipient shall formally grant the Department a limited use license to any invention resulting from a grant award from the Department.
(d) The Recipient shall formally grant the Department a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use the copyrighted material resulting from a grant award from the Department, including in cooperation with other public agencies.
1. New section filed 9-21-2016; operative 1-1-2017. Exempt from Administrative Procedure Act pursuant to Food and Agricultural Code Section 485(d), which provides "Procedures, forms, and guidelines established for these grant programs, including the application process, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code." (Register 2016, No. 39).
Note: Authority cited: Sections 407 and 485, Food and Agricultural Code. Reference: Sections 201, 401, 401.5, 404 and 485, Food and Agricultural Code; and Section 18901.2, Revenue and Taxation Code.
