27.204-1
Use of patented technology under the United States-Mexico-Canada Agreement
Contracting officers must consult legal counsel when questions arise about patented technology under the USMCA, especially regarding public health and pharmaceuticals.
Overview
FAR 27.204-1 addresses the use of patented technology in the context of the United States-Mexico-Canada Agreement (USMCA). When issues or uncertainties arise regarding the use of patented technology under this trade agreement, contracting officers are instructed to seek guidance from legal counsel. The section specifically references Article 20.6(a) of the USMCA, which pertains to public health and pharmaceuticals, highlighting the importance of considering these provisions in relevant contracting situations.
Key Rules
- Consultation Requirement
- Contracting officers must consult with legal counsel when questions about patented technology under the USMCA arise.
- Reference to USMCA Article 20.6(a)
- Special attention should be given to public health and pharmaceutical issues as discussed in Article 20.6(a) of the USMCA.
Responsibilities
- Contracting Officers: Must seek legal counsel when facing questions about patented technology under the USMCA, especially regarding public health and pharmaceuticals.
- Contractors: Should be aware that patented technology issues under the USMCA may require legal review and could impact contract terms.
- Agencies: Should ensure contracting officers have access to legal resources for interpreting USMCA provisions.
Practical Implications
- This section exists to ensure compliance with international trade obligations and to prevent unauthorized use of patented technology in government contracts.
- It impacts daily contracting by requiring legal review for complex intellectual property issues under the USMCA, particularly in sensitive areas like pharmaceuticals.
- Common pitfalls include failing to consult legal counsel or overlooking USMCA provisions that could affect contract performance or compliance.