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<br />Grant for Legislatively-named Municipality FY19: Updated November 2018
<br />10 Government Date Practices and Intellectual Property Rights
<br />10.1 Government Data Practices
<br />The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat.
<br />Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all
<br />data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this
<br />grant contract. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in
<br />this clause by either the Grantee or the State. If the Grantee receives a request to release the data
<br />referred to in this Clause, the Grantee must immediately notify the State. The State will give the
<br />Grantee instructions concerning the release of the data to the requesting party before the data is
<br />released. The Grantee’s response to the request shall comply with applicable law
<br />10.2 Intellectual Property Rights
<br />(A) Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual
<br />property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the
<br />Works and Documents created and paid for under this contract. Works means all inventions,
<br />improvements, discoveries (whether or not patentable), databases, computer programs, reports,
<br />notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks
<br />conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and
<br />subcontractors, either individually or jointly with others in the performance of this contract.
<br />Works includes “Documents.” Documents are the originals of any databases, computer programs,
<br />reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes,
<br />disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its
<br />employees, agents, or subcontractors, in the performance of this contract. The Documents will be
<br />the exclusive property of the State and all such Documents must be immediately returned to the
<br />State by the Grantee upon completion or cancellation of this contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to
<br />be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the
<br />Works and the Documents to the State. The Grantee must, at the request of the State, execute all
<br />papers and perform all other acts necessary to transfer or record the State’s ownership interest in
<br />the Works and Documents.
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<br />(B) Obligations
<br />1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable)
<br />is made or conceived for the first time or actually or constructively reduced to practice by the
<br />Grantee, including its employees and subcontractors, in the performance of this contract, the
<br />Grantee will immediately give the State’s Authorized Representative written notice thereof,
<br />and must promptly furnish the Authorized Representative with complete information and/or
<br />disclosure thereon.
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<br />2. Representation. The Grantee must perform all acts, and take all steps necessary to ensure that
<br />all intellectual property rights in the Works and Documents are the sole property of the State,
<br />and that neither Grantee nor its employees, agents, or subcontractors retain any interest in and
<br />to the Works and Documents. The Grantee represents and warrants that the Works and
<br />Documents do not and will not infringe upon any intellectual property rights of other persons
<br />or entities. Notwithstanding Clause 8, the Grantee will indemnify; defend, to the extent
<br />permitted by the Attorney General; and hold harmless the State, at the Grantee’s expense, from
<br />any action or claim brought against the State to the extent that it is based on a claim that all or
<br />part of the Works or Documents infringe upon the intellectual property rights of others. The
<br />Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or
<br />action arises, or in the Grantee’s or the State’s opinion is likely to arise, the Grantee must, at
<br />the State’s discretion, either procure for the State the right or license to use the intellectual
<br />property rights at issue or replace or modify the allegedly infringing Works or Documents as
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