The term 'intellectual property' refers to ideas, information or material which has been produced as a result of intellectual effort and is protected by law, for example confidential information, technical and professional publications, copyright, trade marks, patent, plant variety rights and designs.
Agencies should consider the manner in which material that the government is satisfied represents genuine intellectual property presented by private parties may be protected. However genuine intellectual property should be distinguished from ideas or concepts presented to government, which may be considered by the private sector to reflect intellectual property, but which are high level in nature and do not constitute true intellectual property.
Intellectual property commonly encountered in projects includes:
• designs, drawings etc. relating to the construction of infrastructure and assets
• technology associated with delivery of services (e.g. technical solutions for more efficient treatment of waste water). Such technology is usually governed by some form of licence in any event
• operational processes for delivery of outputs
• innovative financing options
As a general rule, the government should not disclose to other proponents, any information provided to it by a proponent. Exceptions to this rule would include situations where information provided to the government results in changes to the output specification or project brief.