Intellectual Property in Relation to Information Technology

Intellectual Property is any "intangible asset", consisting of knowledge and ideas, that has been produced through the intellectual efforts of its creator(s). Intellectual Property includes, but is not limited to, copyright, trade marks, designs and patents.

What is the Government policy on IT-related Intellectual Property?

It is government policy that all agencies should be willing to negotiate IT-related Intellectual Property (IP) rights if a company wishes to pursue the commercialisation of that IP, unless this would interfere with the primary work or objectives of the agency.

The default position regarding the ownership of Intellectual Property Rights in the Government Information Technology Conditions (GITC) head agreement (clause 56) is that the IP should be vested in the Crown.  For examples of alternative clauses, see Ownership of IP - Schedule 4 and the Intellectual Property User Guide Note.

 

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