Review Western Australian Government Intellectual Property Policy – FAQs

Frequently asked questions about the review of the Western Australian Government Intellectual Property Policy.
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Intellectual property (IP) can include written works, designs and images. IP developed or owned by WA Government agencies has potential economic, social and environmental benefits for the community.

The Western Australian Government Intellectual Property Policy (WA Government IP Policy) is being reviewed. As part of the review, we have released a Discussion Paper that outlines potential policy and implementation options.

We are seeking feedback on these proposals from government and non-government stakeholders with an interest in contributing to an updated WA Government IP Policy. You can provide feedback until 5pm on Friday 11 November 2022. To find out more about the review, read the frequently asked questions below.

What is government IP?

The rights of those who create IP are protected by law to ensure they receive recognition and financial reward for the use of their IP.

The activities of government or public sector agencies often leads to the development of publications, new technologies, scientific discoveries and innovations. The resulting IP is a valuable asset with many applications and potential benefits for the WA community.

Examples of WA Government IP include:

  • copyright protected publications
  • advertising material, artwork and photographs
  • training materials
  • software, computer programs and databases
  • inventions and plant breeders rights
  • trademarks and designs.

What is the WA Government IP Policy?

The WA Government IP Policy guides WA public sector agencies in the development, protection, management and use of IP and IP rights.

Who does the policy apply to?

The WA Government IP Policy applies to the public sector as defined under the Public Sector Management Act 1994, which includes:

  • all agencies (departments and Senior Executive Service organisations)
  • Ministerial offices
  • non-SES (Senior Executive Service) organisations.

The policy does not apply to entities listed in Schedule 1 of the Public Sector Management Act such as the Water Corporation and Port Authorities.

WA public sector agencies involved in science and medical research often enter into partnerships with universities and research institutes to develop IP. While the scope of the WA Government IP Policy does not extend to these partners, it is important these organisations are aware of the policy.

What is the purpose of the review?

The aim of the review is to develop an updated WA Government IP Policy that:

  • provides clear guidance to WA Government agencies
  • aligns with best practice
  • facilitates positive outcomes and prevents ‘opportunity losses’ for the state

The review will also support the development of an online toolkit to guide WA Government agencies on practical matters related to IP development and management.

The Department of Jobs, Tourism, Science and Innovation is carrying out a review of the WA Government IP Policy on behalf of the state and at the request of the Minister for State Development, Jobs and Trade.

Under the Industry and Technology Development Act 1998 the Minister is required to encourage and facilitate the commercialisation of IP and other resources of WA Government agencies.

What's in the discussion paper?

The Discussion Paper outlines the policy and implementation options the review is considering. Stakeholder feedback on these options will inform the development of the updated WA Government IP Policy.

The paper includes options for:

  • agency responsibilities for IP use, development and management
  • ownership of IP
  • commercialisation pathways
  • rewards and incentives, including benefit sharing arrangements
  • implementation measures including access to guidance and expertise.

Who are we seeking feedback from?

We are seeking feedback from stakeholders on the proposed policy and implementation options outlined in the Discussion Paper.

We’d like to hear from anyone who:

  • has an interest in the development of the updated WA Government IP Policy
  • has knowledge and experience related to the development, management and use of IP
  • engages in collaborative research partnerships with WA public sector agencies.  

 

IP Policy