IP in Government Contracts

How the State of Victoria deals with IP in contracts is a significant issue.

Principle 9 of the the State of Victoria’s Intellectual Property Policy Intent and Principles provides that:

9. When State procurement may result in intellectual property being generated, the State:

a) addresses in an agreement any rights to intellectual property (including pre-existing intellectual property) that may arise as a consequence of the procurement;

b) secures a licence to the intellectual property, only to the extent necessary to achieve the purposes of the procurement; and

c) only acquires ownership of the intellectual property if a licence is not adequate in the circumstances.

Principle 10 of the Policy deals with IP in grants and funding agreements.

The Department of Treasury and Finance has prepared a presentation providing further guidance on IP in Government contracts, which you can access here.

The IP Guidelines, which will be released shortly, will also discuss these issues in greater detail.

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Victorian Government submission to Copyright inquiry

In August 2012, the Australian Law Reform Commission (ALRC) published the Copyright and the Digital Economy Issues Paper (Issues Paper), inviting responses to a series of questions to assist its inquiry into whether the Copyright Act 1968 (Cth) (Act) is adequate and appropriate in the digital environment.

The Department of Treasury and Finance coordinated the Victorian Government’s response to the Issues Paper, available here

The Victorian Government’s submission was prepared in consultation with all departments and relevant agencies. It was approved by the Assistant Treasurer, as the Minister responsible for the Intellectual Property Policy.

The key aspects of the Victorian Government’s submission include that:

• the statutory licensing scheme concerning the use of copyright material by the Crown in the Act is appropriate;

• the statutory licensing scheme has a number of inadequacies which can make its application complex, uncertain or inflexible, creating high costs and inefficiency for the Victorian Government;

• the Act should be amended to address these inadequacies and improve the statutory licensing scheme;

• the Act fundamentally impedes the Victorian body administering archives, the Public Record Office Victoria (PROV), in digitising records and making them available online;

• the Act should be amended to allow greater digitisation and communication of works by or on behalf of PROV; and

• the current legislative regime for orphan works poses significant restrictions to the use of, access to and dissemination of records by PROV and should be amended.

The ALRC is due to release a Discussion Paper later this year. Further information on the inquiry is available at the ALRC’s website

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Implementation of the State’s IP Policy

Thank you for the positive feedback we continue to receive in relation to the State of Victoria’s Intellectual Property Policy Intent and Principles.  You can read the Victorian Government’s press release on the new IP Policy by clicking here.

The Department of Treasury and Finance is now developing the supporting IP Guidelines, which will deal with a range of topics, including moral rights, how to select the right copyright licence and how to keep useful records of your IP.

If you would like to contribute to the development of the State’s IP Guidelines, which will provide greater detail on how to implement the policy, please contact us.

The IP Policy Intent and Principles are available for download (in PDF and Word).

Intellectual Property Policy Intent and Principles (PDF)
Intellectual Property Policy Intent and Principles (DOCX)

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Launch of the Victorian Government’s Intellectual Property Policy

The Victorian Government has launched the Intellectual Property Policy Intent and Principles for implementation across the Victorian public sector.  This policy mandates the State’s approach to the management of all forms of intellectual property.

The policy has been developed following extensive consultation with the Victorian public sector, industry, and the community.

You can access the policy here.

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The IP Policy public consultation has come to an end

The public consultation phase of the whole of Victorian government IP Policy has now drawn to a close after three successful weeks of feedback.

A big thank you to everybody who provided us with comments on the policy. Overall, the responses were positive and helpful. Some of the comments are being incorporated into the final version of the policy; other issues will be expanded upon in the IP Guidelines.

We have posted a selection of the feedback received on the website, which can be accessed here or by clicking on the “Feedback” tab above.

In order for this policy to become a whole of Victorian government policy, the policy must now be endorsed by the Victorian Government. Once this occurs in the coming months, we will make the finalised version available on this website. We will also continue to use this website for consultation for the IP Guidelines which are scheduled for release later this year.

Thanks again for your commitment to and engagement with the State of Victoria’s Intellectual Property Policy.

The IP Policy Team

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The IP Policy Consultation is live!

Welcome to the Intellectual Property Policy consultation blog.

This site is designed to provide context for, and give you an opportunity to provide feedback on, the Victorian Government’s draft intellectual property policy.

The IP Policy Intent and Principles document is the core policy document, so please make sure you read it before making any comments.

Please click here to access the IP Policy Intent and Principles.

The policy consultation will run for 3 weeks until 15 July 2012.

If you would like to make a formal submission you can attach a document to your comments. You may also contact us directly.

Thank you for your contributions.

The IP Policy Team

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