Intellectual Property Policy

Overview

The Whole of Victorian Government Intellectual Property Policy Intent and Principles (IP Policy) is the State's framework for the ownership and management of its intellectual property (IP), and for its use of IP belonging to other parties.


The IP Policy Intent is that:

  • the State grants rights to its intellectual property, as a public asset, in a manner that maximises its impact, value, accessibility and benefit consistent with the public interest; and
  • the State acquires or uses third party intellectual property in a transparent and efficient way, while upholding the law and managing risk appropriately. 

The IP Policy includes important principles dealing with management of IP, commercialisation, procurement and other matters. The IP Policy emphasises the importance of granting rights to State IP in a flexible manner. 

Intellectual Property Guidelines

The IP Policy is supported by the Intellectual Property Guidelines. The Guidelines provide information on the Victorian Public Sector's management of intellectual property, and are designed to assist with implementation of the IP Policy. The Guidelines cover important topics such as Creative Commons licensing, procurement and commercialisation. The Guidelines are available here.


News

Implementation update

DTF is contacting agencies to encourage uptake of Creative Commons 4.0 licences to publications and to familiarise relevant staff with the Whole of Victorian Government Intellectual Property Policy.

Agencies are encouraged to review the following materials and, where appropriate, adopt Creative Commons licences:

  • websites;
  • templates; and
  • publications.

Agencies can advise DTF of their IP Coordinator, if one has been appointed, and provide details of current implementation activities. The form can be downloaded here. (DOCX 156kb)

DTF is pleased to provide training and support resources upon request, and is a ready point of contact for IP queries: IPpolicy@dtf.vic.gov.au or phone (03) 9651 2455.

IP Guidelines (Version 1) released

The Intellectual Property Guidelines for the Victorian Public Sector (Version 1) has been released. A fact sheet providing an overview of the Guidelines is also available.

Press coverage of the release of the Guidelines can be found at The Mandarinexternal site icon and PS Newsexternal site icon

The Guidelines and fact sheet can be downloaded here.

Agreement with Screenrights 2010 to 2016

The State has reached agreement with Screenrights for the period 1 July 2010 until 30 June 2016. The agreement makes payment under the statutory licence for the State's use of radio and television copyright material owned by third parties.

All Victorian government departments and agencies are bound by the agreement.

DTF has prepared fact sheets for departments and agencies providing further information on the agreement. 

Agreement with Copyright Agency 2013 to 2015

The State has reached agreement with Copyright Agency for the period 1 July 2013 until 30 June 2015. The agreement makes payment under the statutory licence for the State's use of written copyright material owned by third parties.

All Victorian government departments are bound by the agreement, while agencies have the choice to opt in to the agreement.

DTF has prepared fact sheets for departments and agencies providing further information on the agreement.

IP in procurement fact sheet

DTF has published a fact sheet on intellectual property in procurement.

IP Policy and Records Management

In May 2014, DTF made a presentation at the Records Management Network Meeting held by the Public Record Office Victoria, on the topic of IP Policy and Records Management.

Article on IP Policy and DataVic Access Policy

DTF has published an article on the IP Policy and DataVic Access Policy.

Creative Commons implemented at DTF

As part of the implementation of the IP Policy, DTF has implemented Creative Commons copyright licensing across the department. 

This ensures that copyright material released by the department is available to the community for re-use on flexible terms, and without prior permission. 

Creative Commons licensing will be applied to publications and the DTF website. The website's new copyright notice can be viewed here

IP in Government Contracts

How the State of Victoria deals with IP in contracts is a significant issue.

Principle 9 of the the State of Victoria’s Intellectual Property Policy Intent and Principles sets out how the State deals with IP during procurement, and Principle 10 deals with IP in grants and funding agreements.

The Department of Treasury and Finance has prepared a presentation providing further guidance on IP in Government contracts.

The IP Guidelines will also discuss these issues in greater detail.

Copyright inquiry by the Australian Law Reform Commission

The Australian Law Reform Commission (ALRC) is undertaking an inquiry to consider whether the exceptions and statutory licences in the Copyright Act 1968 are adequate and appropriate in the digital environment and whether further exceptions should be recommended.  

The Department of Treasury and Finance coordinated the Victorian Government's submission to the ALRC 

On 13 February 2014, the ALRC released a Final Report external site icon

Further information on the inquiry is available at the ALRC’s website external site icon

Comments and questions may be directed as follows:  

Email: IPpolicy@dtf.vic.gov.au

Phone: 03 9651 2455 or 03 9651 1517.