SF 1448

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; providing for the 
  1.3             protection of state agency intellectual property; 
  1.4             appropriating money; amending Minnesota Statutes 1994, 
  1.5             section 16B.483; repealing Minnesota Statutes 1994, 
  1.6             section 16B.405.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 16B.483, is 
  1.9   amended to read: 
  1.10     16B.483 [INTELLECTUAL PROPERTY.] 
  1.11     Before executing a contract or license agreement involving 
  1.12  intellectual property developed or acquired by the state, a 
  1.13  state agency shall seek review and comment from the attorney 
  1.14  general on the terms and conditions of the contract or agreement.
  1.15     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.16  "intellectual property" means anything subject to federal or 
  1.17  state copyright, trademark, trade secret, or patent laws.  
  1.18     Subd. 2.  [AUTHORIZATION.] With the prior approval of the 
  1.19  commissioner, and in accordance with applicable federal or state 
  1.20  law, an agency may register copyrights or trade or service 
  1.21  marks, obtain patents, or protect trade secrets developed or 
  1.22  acquired by the agency.  An agency seeking to take such action 
  1.23  may apply to the commissioner for temporary classification of 
  1.24  such property under chapter 13.  
  1.25     Subd. 3.  [SALE OR LICENSE OF INTELLECTUAL 
  1.26  PROPERTY.] Notwithstanding sections 16A.1285 and 16B.29, an 
  2.1   agency may sell or license intellectual property.  The sale 
  2.2   price or license fee may be based on market considerations.  The 
  2.3   terms and conditions governing any sale or license of 
  2.4   intellectual property shall be approved by the commissioner, 
  2.5   subject to the review of the attorney general.  
  2.6      Subd. 4.  [INTELLECTUAL PROPERTY PROCEEDS.] Proceeds of the 
  2.7   sale or licensing of intellectual property by an agency are 
  2.8   appropriated to the agency.  An appropriation to an agency under 
  2.9   this section does not cancel but is carried forward to the next 
  2.10  fiscal year.  
  2.11     Subd. 5.  [ACCESS TO DATA.] Nothing in this section 
  2.12  relieves a state agency from fulfilling its responsibilities to 
  2.13  provide access to data as required under chapter 13.  
  2.14     Sec. 2.  [APPROPRIATION.] 
  2.15     $....... is appropriated to the attorney general from the 
  2.16  general fund to complete an inventory of state intellectual 
  2.17  property and a report to the legislature by February 1, 1996.  
  2.18  $....... is appropriated to the attorney general from the 
  2.19  general fund to provide legal services related to the 
  2.20  acquisition and disposition of state intellectual property. 
  2.21     Sec. 3.  [REPEALER.] 
  2.22     Minnesota Statutes 1994, section 16B.405, is repealed.