14.5.1 Identification of intellectual property

The term 'intellectual property' refers not only to legally protectable intellectual property (such as copyright, patents, registered designs etc.) but also to ideas and information protected only as confidential information at common law or under contract.

Departments and agencies should consider the manner in which genuine intellectual property presented by private parties may be protected. However, ideas or concepts presented to government, while they may be considered by the companies to reflect intellectual property, are often high-level in nature and do not constitute true intellectual property.

Intellectual property commonly encountered in PPPs 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; and

• operational processes for delivery of outputs.

While government should be alert to the issues, the owner is responsible for identifying specific intellectual property which it wishes to protect.