(a) "Intellectual property" means computer programs, software, software tools and data.
(b) "Person" means a person as defined in ORS 174.100, a federal, state or local government body, a Native American tribe or an agent or representative of a tribe.
(2) Subject to any superior patent rights or copyrights, the Housing and Community Services Department may license, share or otherwise provide for the use by a person of intellectual property acquired or developed by the department.
(3) Except as provided in this subsection, the department may charge reasonable fees for licensing, sharing or otherwise providing for the use of intellectual property under subsection (2) of this section. The department may not charge a fee under this subsection to a federal, state or local government body. Moneys from the fees are continuously appropriated to the department for the purpose of acquiring, developing or providing for the use of intellectual property.
(4) The department may take actions that the department deems necessary and appropriate to carry out the authority granted under this section, including but not limited to applying for patents or copyright registration to perfect or preserve the department’s rights in intellectual property.
(5) ORS 291.042 does not apply to intellectual property or fees described in this section. [2003 c.605 §1]
Note: 456.562 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.