Developing a clear strategy for intellectual property (IP) rights will drive better value for money, support a competitive market and encourage innovative solutions.
It is important to create a common understanding of what IP is and how it might arise from the contract. Contracting authorities should engage early with suppliers on different options, what these would mean in practice and the impact on solutions suppliers might provide. In developing an IP strategy, consider:
• How do different IP positions change the cost of the project or programme? What is the potential cost impact on future work?
• What will happen at the end of the contract if we need to use the IP in future? How will this impact the market?
• Are you encouraging suppliers to provide their best ideas and innovations?
IP should be managed through the life of the contract with clear responsibilities set out in the contract.