7.8  Intellectual property and confidential information

Intellectual property includes various classes of rights protected by legislation (such as copyright, patents and registered designs), together with confidential information and trade secrets protected at common law or under contract. In any Partnerships Victoria project, there is a possibility of intellectual property passing between the government party and the private party. Section 13.5 of the National PPP guidelines: practitioners' guide discusses the intellectual property issues that arise during the procurement process. Appropriate provisions should be included in the project deed to govern intellectual property rights after contract execution. Intellectual property can be a source of complex issues, as such contract directors should refer to the whole-of-Victorian Government IP policy <http://www.dtf.vic.gov.au/Victorias-Economy/Victorian-Government-intellectual-property-and-data-policies/Intellectual-Property-Policy> and seek further legal advice, if required.

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