Information Standards> Current Information Standards & guidelines> Intellectual Property (IS25)

Intellectual Property (IS25)

Purpose

The purpose of this Standard is to provide high-level guidance in the development of policies and practices in the management of the Queensland Government’s information and communication technology (ICT) intellectual property portfolio. This Information Standard must be read in conjunction with the Queensland Public Sector Intellectual Property Principles (IP Principles) and Queensland Public Sector Intellectual Property Guidelines (IP Guidelines) developed by the Department of State Development.

This Information Standard fits under Mechanisms and Standards within the Enterprise Architecture Representation section of the Government Enterprise Architecture (GEA) Framework .

Policy statement

The management of ICT intellectual property created by Queensland Government agencies can result in more efficient operation of service delivery and opportunities to develop local industry, increase revenue, and deliver on the Government’s commitment to a Smart State. Queensland Government agencies have a responsibility to:

effectively manage the State's ICT intellectual property assets in their custody for the social and economic benefit of the people of Queensland; and
respect the ICT intellectual property rights of others and ensure employees are made aware of ICT Intellectual Property issues and understand their obligations.

Issue and review

This Standard was issued by the Director-General of the Department of Public Works in October 2004. Review of this Standard will occur on an annual basis.

Current Version: V3.00 (Reviewed March 2007)

Implementation

The authority for the implementation of the mandatory principles of the Information Standards is primarily derived from the Financial Management Standard 1997. This Information Standard has been based on the IP Principles, endorsed by Cabinet Decision No. 4009 dated 22 April 2003 and its associated Guidelines endorsed by Cabinet Decision No. 4474 dated 29 September 2003 .

High-level risk assessment: Completion - March 2005
High risk principles implementation: Completion - September 2005

Implementation advice and toolboxes are provided to assist agencies in implementing the mandatory principles of each Information Standard.

IS25 implementation toolbox

Mandatory principles

Principle 1 – Accountability for ICT intellectual property

Agencies are responsible for ensuring ICT intellectual property assets owned or used by that agency are dealt with in accordance with all relevant legislative and regulatory obligations, including those outlined in the IP Principles. Agencies must ensure due care, skill and diligence is exercised in all areas of ICT intellectual property management including:

the identification, security, preservation, maintenance, availability and enhancement of the operational and commercial value of ICT intellectual property assets owned or controlled by the agency;
ensuring ICT intellectual property is not developed solely for the purpose of commercialisation; and
determining whether or not a commercialisation method is in accordance with the core business of the agency, noting that commercialisation of ICT intellectual property by an agency should generally be ancillary to that agency's core business.

Implementation advice

Principle 2 – Management of ICT intellectual property

Agencies must ensure processes and procedures are in place to identify and record ICT intellectual property generated by public sector employees or consultants in the course of their duties. These processes must be in line with the IP Principles and at a minimum address how the agency intends to deal with:

the provision of agency contact officer details for industry/general public to request permission to reproduce copyright material created by the agency (including websites);
the ownership and disclosure of ICT intellectual property in relation to legal agreements and/or procurement contracts;
seeking suitably qualified advice in matters pertaining to ICT intellectual property, particularly in relation to ownership and protection of the State (e.g. indemnity clause); and
the provision of training for staff involved in ICT intellectual property management.

Implementation advice

Principle 3 - Commercialisation of ICT intellectual property

Before commercialising an ICT intellectual property asset, agencies must ensure that the IP Principles and IP Guidelines are used to assess the risks and commercial potential of the asset. At a minimum, agencies must ensure that:

commercialisation of ICT intellectual property is assessed and managed by appropriately skilled personnel;
an ICT asset is not commercialised if by doing so, it detrimentally affects the on-going operational value of the ICT asset to the Queensland Government;
where practical, Queensland or Australian commercial ‘partners’ are selected to deal with the distribution or commercialisation of ICT intellectual property assets; and
the selling, licensing or disposing of ICT intellectual property assets is conducted in an open and competitive manner consistent with the National Competition Policy as in force or agreed in Queensland.

Implementation advice

Last updated 19 March 2008

Information Standards

Intellectual Property (IS25)

Purpose

Policy statement

Issue and review

Implementation

Mandatory principles

Principle 1 – Accountability for ICT intellectual property

Implementation advice

Principle 2 – Management of ICT intellectual property

Implementation advice

Principle 3 - Commercialisation of ICT intellectual property

Implementation advice

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