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Service Agreement Information Kit for Funded Organisations

3.16 Intellectual property

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Under the Service Agreement, ownership of project intellectual property (Project IP) vests in the funded organisation unless the department specifically elects to own the Project IP in accordance with clause 16.

Where the department has not elected to own the Project IP, the organisation grants a license to the department to use the Project IP and other background or third party intellectual property to the extent needed to allow the department to enjoy the full benefit of services and the Service Agreement.

In certain circumstances, the department may require Project IP to be owned by the deartment on behalf of the State of Victoria. If the department proposes to own the Project IP, this will be discussed and confirmed with the organisation in writing prior to the relevant services being delivered.

The department will have regard to the Whole of Victorian Government Intellectual Property Policy (Intellectual Property Guidelines for the Victorian Public Sector (Version 1)(external link, opens in new window) when considering whether some or all of the Project IP should be owned by the department.

The intellectual property clause requires that the funded organisation properly manage the Project IP including:

  • registering, maintaining the registration of, protecting, managing, exploiting and (as appropriate) commercialising it for the benefit of the Victorian public
  • maintaining, improving, enhancing and developing it to the fullest extent reasonably necessary to maintain its usefulness and appropriateness to the organisation and the department for the provision of the services
  • using, reproducing, publishing, adapting, disseminating, communicating to the public, broadcasting, and performing it for the benefit of the Victorian public
  • complying with all applicable departmental or other Victorian Government policies relating to the Project IP.