The need to manage Intellectual Property (IP) effectively has been recognised as an issue in recent years by both the public and private sectors.
The NSW Government generates and manages a considerable amount of IP whether its copyright in relation to a publication, a patented invention or a plant breeder's right arising from a new plant variety. This IP needs to be managed responsibly, in the same way NSW public sector agencies manage the State's tangible assets, such as its finances, buildings, infrastructure and the environment.
The Intellectual Property Management Framework for the NSW Public Sector has been developed to assist agencies to manage their IP effectively. It is the product of an extensive consultation process with public sector agencies, and draws on the expertise of specialist practitioners from across Australia.
A clear message from this consultation process is that no one model could meet the variety of IP issues facing the diverse range of NSW government agencies. Accordingly, the Framework has been developed to include mandatory Principles and a non-mandatory Better Practice Guide. The Framework consists of three parts:
- Part 1 - a set of mandatory Intellectual Property Principles, which all general Government Sector agencies must implement, and a non-mandatory Better Practice Guide that identifies better practice in the management of IP and includes information and advice about the creation, use, protection, and commercialisation of IP.
- Part 2 - an IP Resource Kit, which provides more detailed information about the different categories of IP, key contacts at a State and Commonwealth level, relevant legislation, policies and websites.
- Part 3 - a Summary Guide which includes the IP Principles, Better Practice Checklist and Advisory Signposts.
Although State Owned Corporations (SOCs) and Public Trading Enterprises (PTEs) are not required to implement the Principles, they are encouraged to do so. Similarly, all agencies, including SOCs and PTEs, are encouraged to implement those aspects of the Better Practice Guide which support their core functions and service delivery outcomes.
General Government Sector agencies are required to incorporate implementation of the IP Principles as part of their 2005/2006 business planning processes. Agencies should adopt a risk management approach when implementing the Framework and allocate appropriate resources to manage the risk. For example, if the extent of an agency's IP is copyright in relation to its publications, websites and software licences, then minimal resources are needed to manage the risk and implement the Framework. The Risk Management and Internal Control Toolkit, developed by NSW Treasury, is a useful guide and is available at www.treasury.nsw.gov.au.
In tandem with the Framework's development, the Premier's Department has worked with IPAA NSW to develop a training program to support agencies in implementing the Framework. Two one-day training courses are scheduled. The first is being held on 18 February 2005. Officers within your agency responsible for IP management and implementing the IP Management Framework are encouraged to attend. Information regarding the training program can be found at: www.nsw.ipaa.org.au/04_learning_development/learn_dev_calendar.htm.
For information about the Intellectual Property Management Framework for the NSW Public Sector, please contact Jennifer Perry on (02) 9228-3582. If agencies have specific IP queries, please refer to the Resource Kit part of the Framework.
Issued : Service Delivery Improvement, Office for Women, and Performance Development Division
Contact:: Jennifer Perry, Principal Project Manager, Service Delivery Improvement
Telephone no: 9228 3582 Facsimile: 9228 3121
File no: PSM/03411 PT11
Date: 9 February 2005
This Circular has not superseded any other Memorandum/Circular