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<br />ARTICLE 9. Intellectual Property
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<br />Texas Health and Safety Code ~12.020(a), as amended, authorizes RECEIVING AGENCY to apply for, register,
<br />secure, hold, and protect a patent, copyright, trademark or other evidence of protection or exclusivity issued in or
<br />for intellectual property.
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<br />"Intellectual property" consists of inventions; discoveries; improvements to any process, machine, manufacture, or
<br />composition of matter; products; technology; scientific information; trade secrets; computer software; literary
<br />works; musical works with any accompanying words; dramatic works with any accompanying music; pantomimes
<br />and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works;
<br />sound recordings; architectural works; words, names, symbols, devices, slogans or any combination thereofwhich
<br />have been adopted and used by RECEIVING AGENCY to identify goods and/or services and distinguish them from
<br />those of others; and any other creative works if they may be protected by a patent, copyright, trademark, service
<br />mark, collective mark, or certification mark or other evidence of protection or exclusivity whether or not protection
<br />or exclusivity has been applied for or received.
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<br />"Mark," for purposes of trademark and service mark, includes a word, name, symbol, device, slogan or any
<br />combination thereof which has been adopted and used by RECEIVING AGENCY to identify goods and/or services
<br />and distinguish them from those of others. Federal trademark law also provides for collective marks and
<br />certification marks.
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<br />"Patent" protects any new and useful process, machine, manufacture, or composition of matter, or any new and
<br />useful improvement.
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<br />"Work made for hire," a concept under copyright law, is a work prepared by an employee within the scope of his or
<br />her employment; or a work specially ordered or commissioned for use as a contribution to a collective work, as a
<br />part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an
<br />instructional text, as a test, as answer material for a test, or as an atlas, and the parties expressly agree in a written
<br />instrument signed by them that the work shall be considered a work made for hire.
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<br />The term "works," for purposes offederal copyright law, includes software; literary works; musical works with any
<br />accompanying words; dramatic works with any accompanying music; pantomimes and choreographic works;
<br />pictorial, graphic, and sculptural works; motion pictures and other audiovisual works, sound recordings and
<br />architectural works.
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<br />All work performed that results in the production of original books, manuals, films, or other original material is the
<br />exclusive property of RECEIVING AGENCY. All right, title, and interest in and to said property shall vest in
<br />RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work made for hire" for
<br />copyright purposes and made in the course of the services rendered pursuant to this contract. To the extent that title
<br />to any such work may not, by operation of law, vest in RECEIVING AGENCY or such work may not be considered
<br />a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to RECEIVING
<br />AGENCY, RECEIVING AGENCY shall have the right to obtain and to hold in its own name any and all patents,
<br />copyrights, trademarks, service marks, certification marks, collective marks, registrations, or such other protection
<br />as may be appropriate to the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY
<br />shall ensure all rights, titles, and interest in and to the intellectual property are secured to RECEIVING AGENCY
<br />from PERFORMING AGENCY and its subrecipients, PERFORMING AGENCY agrees to give RECEIVING
<br />AGENCY and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by
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<br />(LGS)
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<br />2002 GENERAL PROVISIONS Page 7
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