14.5.4 Protection of intellectual property from premature disclosure
Members of the public may seek access to documents provided during the bidding process through the relevant jurisdictions' Freedom of Information framework. There may be relevant exemption criteria that would cover the premature disclosure of government or bidders' intellectual property in this context. It may also be the case that if a freedom of information request is received then the government representative would need to consult the private party, and that private party may have rights to appeal the decision.
This is a complex area and legal advice should be sought before entering into arrangements to protect intellectual property.