4.8 Intellectual property
The Intellectual Property (IP) clause in the standard service agreement has changed over the years following negotiations between DHS, funded organisations and peak bodies. Prior to 2006-07, any IP developed under the service agreement vested in the State of Victoria.
By default, ownership of IP now vests in the funded organisation, which in turn grants licence to the department to use the IP.
The IP clause requires that the funded organisation properly manage the Project Intellectual Property as specified in this kit.
Properly manage means to:
- register, maintain the registration of, protect, manage, exploit and (as appropriate) commercialise it for the benefit of the Victorian public
- to maintain, improve, enhance and develop 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
- use, reproduce, publish, adapt, disseminate, communicate to the public, broadcast, and perform it for the benefit of the Victorian public
- comply with all applicable departmental or other Victorian government policies in respect of it.
In exceptional circumstances, DHS may negotiate that certain IP remains the property of the State of Victoria. Any exceptions will be discussed and confirmed with the organisastion in writing.