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ATTACHMENT C: DOE Intellectual Property Provisions <br />Intellectual Property Provisions (NRD-1003) <br />Nonresearch and Development <br />Nonprofit organizations are subject to the intellectual property requirements at 10 CFR <br />600.136(a), (c) and (d). All other organizations are subject to the intellectual property <br />requirements at 10 CFR 600.136(a) and (c). <br />600.136 Intangible property. <br />(a) Recipients may copyright any work that is subject to copyright and was <br />developed, or for which ownership was purchased, under an award. DOE reserves a <br />royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise <br />use the work for Federal purposes, and to authorize others to do so. <br />(c) DOE has the right to: <br />(1) Obtain, reproduce, publish or otherwise use the data first produced under an <br />award; and <br />(2) Authorize others to receive, reproduce, publish, or otherwise use such data <br />for Federal purposes. <br />(d) In addition, in response to a Freedom of Information act (FOIA) request for <br />research data relating to published research findings produced under an award that <br />were used by the Federal Government in developing an agency action that has the <br />force and effect of law, the DOE shall request, and the recipient shall provide, within <br />a reasonable time, the research data so that they can be made available to the public <br />through the procedures established under the FOIA. If the DOE obtains the research <br />data solely in response to a FOIA request, the agency may charge the requester a <br />reasonable fee equaling the full incremental cost of obtaining the research data. This <br />fee should reflect the costs incurred by the agency, the recipient, and applicable <br />subrecipients. This fee is in addition to any fees the agency may assess under the <br />FOIA (5 U.s.C. 552(a)(4)(A)). <br />31