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Intellectual Property Management in NSW Government

December 16, 2015

The need to manage Intellectual Property (IP) effectively has been recognised as an issue by both the public and private sectors. The Intellectual Property Management Framework for the NSW Public Sector has been developed to assist agencies for this purpose.

Like all governments, the NSW Government generates and manages a considerable amount of IP whether 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 for the benefit of the State, in the same way public sector agencies manage tangible assets such as finances, buildings, infrastructure and the environment.

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.

General Government Sector agencies are required to incorporate implementation of the IP Principles as part of their business planning processes. Agencies are encouraged to adopt a risk management approach when implementing the Framework and allocate appropriate resources to manage the risk.

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.

Centium has a strong background in IP management and risk minimisation, particularly in the government sector. Members of our team have worked with a number of agencies in assessing their existing IP management controls, assessing risks to their assets and helping to better protect them. We have also assisted agencies in inventorying and valuing their IP as well as defining a “path to market”.

Contact us to discuss ways in which we could assist from an advisory and/or assurance perspective. It often adds a lot of value when an independent set of eyes look over your current practices.

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