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Martensen IP Offers Valuable Insights on Best Practices for Protecting Your IP from Hidden Risks in Government Contracts
Martensen IP Offers Valuable Insights on Best Practices for Protecting Your IP from Hidden Risks in Government Contracts

Associated Press

timea day ago

  • Business
  • Associated Press

Martensen IP Offers Valuable Insights on Best Practices for Protecting Your IP from Hidden Risks in Government Contracts

07/28/2025, Colorado Springs, CO // KISS PR Brand Story PressWire // Your SBIR Phase proposal and how (or by whom) your IP is crafted might grant the government more rights than intended. Learn how specific language and developmental approaches can jeopardize your intellectual property and future commercialization efforts. The Hidden Risk in Government Contracts Securing a Phase II or III SBIR award is a significant achievement. However, many companies unknowingly jeopardize their intellectual property (IP) rights through the language used in their proposals and how they produce their deliverables. What seems like standard, or 'boilerplate' text can inadvertently grant the government extensive rights, potentially diminish the value of your innovations, and deter future investors or acquirers. And managing risk using 1099s or independent contractors can lead to a loss of control of future opportunities. Understanding Government IP Rights In government contracts, the rights the government obtains to IP depend largely on prior assertions of your rights, what you have agreed to deliver, and the specific terms outlined in the contract. The primary categories of government rights include: Unlimited rights. The government can use, disclose, reproduce, and distribute technical data or software in any manner and for any purpose. This typically applies when the government fully funds development (DoD) or development was accomplished in performance of the contract (non-DoD)*. Government purpose rights. The government can use, disclose, reproduce, and distribute the technical data or software within the government without restriction and can share it with other contractors but only for government purposes. This applies when development is funded by a mix of government and private funds under defense contracts (DoD). Limited/Restricted rights. The government can use the technical data or software within the government but cannot disclose it to third parties without permission. This usually applies when the development is entirely funded at private expense (DoD) or developed not in performance of the contract. (non-DoD) SBIR data rights. Under a SBIR/STTR award, the government gains limited and restricted rights in the data and software delivered. These rights last for 20 years, after which the government's rights become unlimited. The Proposal Becomes the Contract A critical aspect often overlooked is that the proposal you submit can become an integral part of the contract. Terms and descriptions used in the proposal are often incorporated by reference or copied directly into the contract, making them legally binding. Simply put, the government contract usually accepts exactly what is offered. Common Pitfalls in Proposal Language Overly broad descriptions. Providing detailed technical data without appropriate restrictions can lead to unintended rights being granted. Lack of proper markings. Failing to assert and mark proprietary information correctly can result in the government assuming broader rights than intended. Inconsistent terminology. All the words used in a proposal should be selected carefully, but in the world of IP certain terms are particularly important. Government rights in IP are tied to the use of these words. Using terms like 'develop' or 'create' in a proposal without understanding their contractual implications can be detrimental. Recognize that Phase III refers to work that derives from, extends, or completes an effort made under prior SBIR/STTR Funding Agreements. Matching prior terminology on prior SBIR/STTR grants on a Phase III proposal ensures IP rights are maintained. Subcontractor Missteps A common mistake is taking steps to minimize cost that increases risk. Small companies are typically cash-poor. To be efficient, hirings are minimized, and contractual help is maximized. Resources are engaged on an 'as needed' basis, and independent contractors and 1099s are common. The government, however, looks at independent contractors and 1099s differently. From the government's perspective, an independent contractor or 1099 is a subcontractor, and a subcontractor, not the prime, possesses (owns) the IP. Lacking correct wording in everyone's working agreement, the company may not actually control the IP. And the government may be looking at awarding a Phase III contract to your independent contractor, not you. Best Practices for Protecting Your IP Safeguard Your Innovation The language used in your SBIR proposal and worker agreements is not just a formality; it's a critical component that can define the future of your intellectual property and the value of your company. By understanding the implications and taking proactive steps, you can protect your innovations and maintain their commercial value. Ready To Ensure Your IP Is Protected? Schedule a free 30-minute consultation with our experienced IP attorneys to review your proposal and safeguard your intellectual property rights. Book Your Free Consultation! Martensen specializes in intellectual property (IP) strategies for the identification, protection, and monetization of IP, particularly with respect to government contracts, providing deep expertise in SBIR/STTR programs, defense tech, and dual-use commercialization. *Federal Acquisition Regulation (FAR) and Department of Defense Federal Acquisition Regulation Supplement (DFARS) govern non-DoD and DoD rights, respectively. About Martensen IP At the intersection of business, law and technology, Martensen understands the tools of IP. Martensen knows the business of IP. We understand the tech market, especially when the government is a customer, and we know how to plan, assess, and adjust. Patents, trademarks, copyrights, trade secrets, licenses are our tools. Martensen IP Media Contact Source: Release ID: 1682734

Rampant abuse of subsidised cooking oil
Rampant abuse of subsidised cooking oil

The Star

time22-07-2025

  • Business
  • The Star

Rampant abuse of subsidised cooking oil

PETALING JAYA: Subsidised cooking oil meant for household usage has been sold in bulk to restaurants and caterers, with over 50 tonnes of the product diverted. The Auditor-General's report series 2/2025 revealed that as much as 55,167kg of subsidised cooking oil was sold to these quarters, in breach of official guidelines. In the report published yesterday, it said this did not align with the standard operating procedures of the Cooking Oil Price Stabilisation Scheme (COSS) guidelines issued by the Domestic Trade and Cost of Living Ministry. An audit at a Kelantan-based retailer last July found a business, which operated as a restaurant, had stored up to 204kg of subsidised cooking oil. In 2024, the company had purchased 11,390kg of subsidised oil from five manufacturers. CLICK TO ENLARGE An unrecorded sale of 561kg between the retailer and a manufacturer was also flagged. In Terengganu, a wholesaler was found to have sold cooking oil to multiple caterers between January 2023 and June 2024. Audit checks revealed 189 cash transactions worth RM77,657.50 involving subsidised oil. A separate case in Miri, Sarawak, found that a supplier had distributed RM5,700 worth of subsidised cooking oil to unlicensed individuals for free between April and July last year. The supplier claimed to represent an NGO. Following these findings, the ministry confirmed that the Kelantan company's controlled goods licence had been revoked and its eCOSS account deactivated to prevent further supply. The unrecorded transaction will meanwhile be referred to the ministry's enforcement division. The wholesaler's account in Terengganu has also been deactivated pending investigations. The report also revealed cases of retailers selling more than three packets of subsidised oil per customer. This includes a case in Selangor where a retailer sold 170 packets worth RM425 to a catering company, and a separate case in Terengganu where a trader made two transactions of subsidised cooking oil totalling RM57.50. The report also revealed discrepancies in how subsidised cooking oil stocks were recorded and kept in the inventory. 'Lack of effective enforcement will open opportunities for companies to manipulate sales in their stock books,' the Auditor-General's report said. It also said there were no clear guidelines for managing spoiled cooking oil nor its sale, resulting in two companies storing 942kg of the product for sale to used cooking oil collectors. The report said a total of 16 companies were involved in this. To this, the Domestic Trade and Cost of Living Ministry said its COSS guidelines would be reviewed to include a procedure for this. To plug leakages, the Auditor-General recommended that the COSS scheme be overhauled. 'There must also be targeted distribution schemes to ensure only eligible households can purchase the subsidised product, and limit it from being sold to foreigners and commercial entities. 'The purchase limit should also be reviewed,' it stated. It said the COSS system must be used holistically to prevent any leakages. The A-G's report also proposed that targeted initiatives such as the Sumbangan Asas Rahmah (Sara) programme be expanded.

One of Colorado's Top Wealth Advisors, Robert C. Smith, Co-Author's New Book To Help Retirees Save
One of Colorado's Top Wealth Advisors, Robert C. Smith, Co-Author's New Book To Help Retirees Save

Miami Herald

time16-07-2025

  • Business
  • Miami Herald

One of Colorado's Top Wealth Advisors, Robert C. Smith, Co-Author's New Book To Help Retirees Save

CENTENNIAL, CO / ACCESS Newswire / July 16, 2025 / Retirees face a myriad of obstacles to retiring successfully. Retire On Your Terms is a new book for successful professionals, business owners, widows and other retirees who want to take full control of their financial future and retire with confidence. It was written to expose the myths, mistakes, and blind spots that can derail even the most diligent retirees. Drawing on decades of real-world experience, the book offers readers a clear, personalized roadmap to reduce taxes, protect their wealth, and create a reliable income plan that supports their unique retirement lifestyle. "Retirement should be about freedom, not fear," says financial educator, author and wealth advisor, Robert Smith. "This book is about helping retirees reclaim control - on their terms - by exposing industry myths and offering real solutions that most advisors never talk about." The book includes real life client stories, including how affluent retirees unknowingly fall victim to outdated advice, overly complex financial products, and tax traps that erode their wealth. Readers will discover proactive strategies to optimize retirement income, reduce future tax liabilities, and achieve clarity through comprehensive, coordinated planning. Retire On Your Terms is more than a traditional retirement planning book. It offers:

Troops, terror and tears in Los Angeles as Ice raids show no sign of slowing
Troops, terror and tears in Los Angeles as Ice raids show no sign of slowing

The Guardian

time14-07-2025

  • Politics
  • The Guardian

Troops, terror and tears in Los Angeles as Ice raids show no sign of slowing

It was an extraordinary show of force, displayed in a mostly empty public park. On Monday, a convoy of federal agents descended upon Los Angeles's MacArthur Park – in the heart of a predominantly immigrant neighborhood. Chaperones from a summer camp hurried children indoors, as protesters and media rushed to the scene. It was unclear whether immigration officials actually arrested anyone that morning. City leaders denounced the spectacle as a 'political stunt' designed to terrorize Angelenos who have been reckoning with a relentless onslaught of immigration raids that began in early June. The ubiquitous presence of Immigration and Customs Enforcement (Ice) agents, and the threat of arrest, have become a part of daily life for immigrants across the city and broader region. The raids have also taken an economic toll on neighborhoods like MacArthur Park, where business owners say trade has slowed to a crawl as people choose to stay home. Right across from the park, B&Z Osorio Restaurant has seen business cut in half since the Trump administration ramped up enforcement in the city. CO, who asked to be identified only by initials for safety reasons, is an employee at the restaurant known for its pupusas and sopa de gallina. He said that when the troops showed up earlier this week, a security guard ran into stores to warn everyone. Customers who were dining dashed outside to their cars. CO and his uncle slid a metal gate to close the entryway. Since the onset of raids, CO said, his uncle, the owner and founder, has cut back on restaurant hours and produce orders to save money due to the drop-off in customers. At 10am on Thursday, when the restaurant would usually be full of families eating breakfast, there was only one booth occupied. CO says that they have tried calling their local customers to offer them special deals, but many families have refused. 'They're either too scared or they haven't gone to work because of Ice. They say they'd rather cook at home. It's better and safer,' CO said. Monday's 'stunt and show of power', CO said, does little to help improve the current situation: 'Our customer base is mainly Hispanic. They are targeted the most.' It's been nearly a month since immigration raids in LA and the surrounding region sparked massive protests. But as the weeks wear on and the demonstrations die down, the Trump administration's enforcement operations showed no sign of slowing. Lawyers and advocates say that those arrested, including some US citizens, have been targeted for arrest at random – and likely because of how they look. In a legal complaint, legal aid and immigrant rights groups have accused the DHS of engaging 'in an extraordinary campaign of targeting people based on nothing more than the color of their skin, and in some cases, where they live or work'. On Friday, a federal judge granted a temporary restraining order against the government's aggressive immigration sweeps, barring federal agents from stopping people in the district unless there is 'reasonable suspicion' that a person is violating immigration law. The order stops agents from using factors including 'apparent race or ethnicity, speaking Spanish or English with an accent, presence at a particular location (eg bus stop, car wash, tow yard, day laborer pick up site, agricultural site, ect)' as reasons to stop someone. The ruling could have major implications –disrupting the federal government's relentless raids in the region. For weeks, armed and masked agents have made arrests outside car washes, Home Depot stores, churches and schools. Immigrants have been wrested away from their tamale carts and fruit stalls. On Thursday, agents targeted farms in Ventura county, east of LA, and arrested 200 people. One farmworker died, after a 30ft fall from a building during the raid. Since 6 June, the Department of Homeland Security (DHS) has said that it has arrested nearly 2,800 immigrants across the region. Limited publicly available arrest data from the DHS shows that most of those who were arrested had no criminal convictions. Some have already been swiftly deported to their home countries. Others have been sent to immigration detention centers in California's high deserts or to facilities out of state, where they have been without medications and adequate food. Families and lawyers have had trouble finding and speaking to loved ones who've been arrested. MacArthur Park, about 2 miles (3km) west of the city's downtown, has been known since the 1980s as the Ellis Island of the west for its diverse population, a home for many Mexican and Central American immigrants who speak Indigenous languages. The park has also been a central area for free meal distributions for those in need and a summer camp for kids run by Los Angeles's parks and recreation department. Jerica Medina, a cosmetician from Honduras, says that business has slowed down at her two MacArthur Park hair and nail salons – and that even the Covid-19 pandemic was busier than what's going on now with the Ice presence. 'I'm sad and angry for this community. It's impossible for us [the Latino community] to win,' Medina said, with tears falling slowly down her face. 'You know what Hitler did? That's what I feel right now. Except there are a lot of cellphones to record what happens.' At the Home Depot up on Wilshire Boulevard, a dozen jornaleros (day labourers) stand outside the parking lot. The dozens of vehicles and horses seen on Monday are no longer here, but two volunteers wearing sunhats still look at the cars passing by through binoculars to ensure that they are not Ice vehicles. Fernando Isaí, a volunteer organizer with the Los Angeles Tenants Union who was on patrol, said that since the first Ice raids at this store in June, community members have come together in shifts to help protect the area. The focus is on building consent with the workers and a 'network of care'. 'There was a very low turnout among jornaleros that week after the first raids,' Isaí said. Although people are on high alert, he said, workers have come back even this week. The tenants' union and other community organizations have focused on sharing information about immigrant rights and how to verify any sightings. Violet, who declined to give her last name for privacy concerns, said that fewer clients are coming into her supplement and naturalistic healing shop. However, more people are calling in and reporting that they can't sleep and experience more anxiety and depression. Despite everything that is going on, she and the other doctors tell clients to stay positive. 'When something bad happens, we retain it. We have the capacity of quickly forgetting everything good that has happened to us and everything that we have achieved,' she said, trying to strike a note of optimism. 'This will pass.'

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