Data Rights

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Sure, America has the Grand Canyon, baseball, and apple pie, but you know what it doesn’t have? A nationwide data protection law. Instead, data protection has been left up to a pastiche of state laws, regulations, and enforcement actions that demand many companies choose one state law to rule them all. California led the pack, being the first to pass a data protection law, the California Consumer Privacy Act of 2018, going into effect January 1, 2020. Following California, only four other states have successfully enacted a data protection law, with Colorado and Virginia passing such laws in 2021 and Utah and Connecticut in 2022.Continue Reading Coming Soon? The American Data Privacy and Protection Act (SPOILERS)

The Interagency Edison (“iEdison”) system is the principal mechanism for preserving rights to title in Government-funded inventions. Its use is now mandatory per 37 CFR 401.16, and we expect FAR 52.227-11, Patent Rights – Ownership by the Contractor, to see parallel amendments soon. Despite its use by multiple agencies to satisfy the reporting obligations imposed on funding recipients under the Bayh-Dole Act, most agree and recognize that the system is broken…badly broken.
Continue Reading iEdison’s 2020 New Year’s Resolution – Improvement! Time to Submit Your Comments