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a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids <br />appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant <br />or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the Judicial <br />Branch, or a State agency." <br />b. No funds or other resources received from the Division under this Agreement may be used <br />directly or indirectly to influence Legislation or any other official action by the Florida Legislature or any <br />State agency. <br />(23) COPYRIGHT, PATENT AND TRADEMARK <br />EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN <br />CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO <br />THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION <br />WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE <br />RECIPIENT TO THE STATE OF FLORIDA. <br />a. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and <br />entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. <br />b. If any discovery or invention is developed in the course of or as a result of work or services <br />performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery <br />or invention to the Division for a determination whether the State of Florida will seek patent protection in <br />its name. Any patent rights accruing under or in connection with the performance of this Agreement are <br />reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are <br />produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the <br />performance under this Agreement are transferred by the Recipient to the State of Florida. <br />c. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all <br />intellectual properties relating to the performance of this Agreement that he or she knows or should know <br />could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- <br />existing intellectual property that is disclosed. Failure to disclose will indicate that no such property <br />exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights that <br />accrue during performance of this Agreement. <br />d. If the Recipient qualifies as a State University under Florida law, then, pursuant to Section <br />1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall <br />become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly <br />by one or more employees of both parties hereto, each party shall have an equal, undivided interest in <br />and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-paid, nonexclusive <br />license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked <br />work products, developed solely by the Recipient, under this Agreement, for Florida government <br />purposes. <br />14 <br />