Aim Statement

Government’s Aim

The Government has set goals for achieving economic transformation and sustainable development for New Zealand. The Government sees commercialisation of intellectual property rights (IPR) arising from ICT contracts as an important way to create benefits for New Zealand. Generally, it sees commercialisation of the IPR as best achieved by the commercial sector. The Government wishes to see IPR created under government ICT contracts become more readily available to the commercial sector.

Statement of Policy

Government agencies enter into ICT contracts primarily to receive the deliverables for which they have contracted, and to use those deliverables to carry out government business.

Exploitation of the IPR created, except in specific circumstances, is not a core business activity of government agencies and the commercial sector is usually better positioned and motivated to seek out and take advantage of marketplace opportunities. Only in limited circumstances should the government own and exploit the IPR created under a contract.

At the same time, government agencies must have certainty that they will continue to receive the deliverables for which they have contracted, and that this access continues in perpetuity in their agency and/or across government.

When entering into an ICT contract, agencies should apply the following principles:

1. Agencies’ decisions about IPR ownership and management should be consistent with the delivery of their core functions and services.
2. Generally, commercialisation of newly created IP is best achieved by the commercial sector.
3. Agencies should, where possible, make IPR ownership and licensing choices that assist the New Zealand commercial sector to develop and exploit newly created IP.
4. Agencies should adopt risk management methodologies when considering the appropriate ownership of newly created IPR to ensure that their level of exposure to risk is acceptable and managed.
5. Agencies should address IPR ownership, commercialisation and usage licences during the business case formulation phase of ICT projects, and include them in their project business cases.
6. Agencies should document the rationale for their choice of ownership, commercialisation and licensing options.
7. Agencies should set out their IPR ownership and commercialisation intention in their tender documentation when approaching the market (e.g. through a Request for Proposal/Tender), providing clarity for suppliers at the earliest stage of a project and potentially reducing the expense and time spent by both parties negotiating ownership of the IPR.
8. Agencies should always address IPR ownership and licences in ICT contracts.
9. When ownership of the IPR vests in the Supplier, agencies should consider obtaining a licence to the IPR that allows for use across the State Services.