[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Pages 39211-39212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18507]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 27

[FAC 90-40; FAR Case 95-308; Item X]
RIN 9000-AH09


Federal Acquisition Regulation; General Agreement on Tariffs and 
Trade Patent Authorization

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule amending 
the Federal Acquisition Regulation (FAR) to provide internal Government 
guidance

[[Page 39212]]

for situations involving use of a patent without authorization from the 
patent holder. This regulatory action was not subject to Office of 
Management and Budget review under Executive Order 12866, dated 
September 30, 1993, and is not a major rule under 5 U.S.C. 804.

EFFECTIVE DATE: September 24, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-40, FAR case 95-308.

SUPPLEMENTARY INFORMATION:

A. Background

    The Uruguay Round of the Multilateral Trade Negotiations of the 
General Agreement on Tariffs and Trade (GATT) resulted in the ``Final 
Act Embodying the Results of the Uruguay Round of Multilateral Trade 
Negotiations; Agreement Establishing the World Trade Organization; 
Annex 1C, Agreement on Trade-Related Aspects of Intellectual Property 
Rights, Including Trade in Counterfeit Goods.'' Articles 30 and 31 
thereof contain requirements related to use of a patent without 
authorization from the patent holder, including use by the Government. 
The rule advises contracting officers to consult with legal counsel in 
such situations.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. Therefore, the Regulatory 
Flexibility Act does not apply. However, comments from small entities 
concerning the affected FAR subpart will be considered in accordance 
with 5 U.S.C. 610. Such comments must be submitted separately and cite 
5 U.S.C. 601, et seq. (FAC 90-40, FAR case 95-308), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 27

    Government procurement.

    Dated: July 16, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Part 27 is amended as set forth below:

PART 27--PATENTS, DATA, AND COPYRIGHTS

    1. The authority citation for 48 CFR Part 27 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

    2. Section 27.209 is added to read as follows:


27.209  Use of patented technology under the General Agreement on 
Tariffs and Trade (GATT).

    (a) Article 31 of Annex 1C, Agreement on Trade-Related Aspects of 
Intellectual Property Rights, to GATT (Uruguay Round) addresses 
situations where the law of a member country allows for use of a patent 
without authorization from the patent holder, including use by the 
Government.
    (b) The contracting officer should consult with legal counsel 
regarding questions under this section.

[FR Doc. 96-18507 Filed 7-25-96; 8:45 am]
BILLING CODE 6820-EP-P