Current through Register Vol. 63, No. 12, December 1, 2024
Section 813-003-0025 - Fees(1) As permitted by ORS 456.562 and these rules, the Department may charge reasonable fees for the licensing, sharing or other use of Intellectual Property. The Department also may charge reasonable fees for providing training and other technical support with respect to the use of Intellectual Property.(2) In establishing reasonable fees, the Department may consider factors including, but not limited to its costs in acquiring, developing, protecting, maintaining, marketing, licensing (or otherwise allowing the use), and monitoring the use of Intellectual Property generally and of the particular Intellectual Property specifically, the demand for Intellectual Property, market rates for similar or comparable products, Department program needs, the nature and resources of the Person to use the Intellectual Property, the purposes for which the Intellectual Property will be used, and the public interest in its use. Considered costs may include, but are not limited to the relevant time, personnel and materials employed, the allocable portion of indirect costs, and reserves for updating, acquiring, developing, and administering the use of Intellectual Property, as well as for contingencies.(3) Payment of fees shall be made in the amount and at such time, place and manner as the Department may require.Or. Admin. Code § 813-003-0025
OHCS 4-2004, f. & cert. ef. 11-23-04Stat. Auth.: ORS 183, 456.555
Stats. Implemented: ORS 291.055, 456.562