OEH intellectual property policy

A. Introduction

1. The intellectual property held by the Office of Environment and Heritage (OEH) comprises significant assets to be managed in accordance with prudent commercial, financial and budgetary practices.
   
2. This policy is based on the Intellectual Property Management Framework for the NSW Public Sector.
   
3. The objective of this Policy, and the OEH Intellectual Property Management Framework that implements it, is to put in place effective practice management systems for the creation, use, sharing, protection, and commercialisation of intellectual property held by OEH, including intellectual property created by OEH's predecessors (the Department of Environment and Conservation, the Department of Environment and Climate Change, and the Department of Environment, Climate Change and Water), and the bodies and former bodies that now comprise OEH.

B. Management approach

4. OEH employees will have at least a basic understanding of intellectual property rights in respect of both intellectual property owned by OEH and the intellectual property rights of others.
   
5. Routine systems for the day-to-day handling of intellectual property will be implemented and maintained.
   
6. Asset management systems for all significant intellectual property held by OEH will be implemented and maintained.

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C. Allocation of intellectual property rights

7. OEH owns all intellectual property created by OEH employees in the course of their employment, and in the course of past employment by OEH's predecessors and by the bodies and former bodies that now comprise OEH (Environment Protection Authority, National Parks and Wildlife Service, Royal Botanic Gardens and Domain Trust, Lord Howe Island Board and Environmental Trust).
   
8. OEH should seek to own all intellectual property created by contractors under a service agreement. In some cases, where it is cheaper andit fully meets OEH needs, OEH may instead license the intellectual property from the contractor.
   
9. Under any grant funding agreement using OEH funds, OEH will either own all intellectual property created orhold a royalty-free unlimited licence to use or disseminate intellectual property that is required for OEH's operational needs and goals in the context of the grant funding agreement.
   
10. Under co-funding or partnership agreements, OEH will negotiate to acquire intellectual property that is required for OEH's operational needs and goals.

D. Authorship

11. A right to be named as an author or an artist in the publication of a work created in the course of OEH employment arises for:
    
    • scientific publications
      
    • photographs and other works of art
      
    • those classes of publications specified by the Deputy Chief Executive or Executive Director of the relevant group or division
      
    • a specific publication as agreed by the Deputy Chief Executive or Executive Director of the relevant group or division.

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E. Commercialisation

12. Commercialisation is generallyperipheral to those activities directly in support of OEH's public service goals. A decision about commercialising intellectual property should be based on a consideration of OEH's core functions and the intellectual property concerned.

F. Outcomes

13. Key performance outcomes of this policy are:
    • Maintaining and regularly reviewing the intellectual property management system
      
    • Establishing and protecting OEH's intellectual property rights and minimising infringements by OEH
    • Using OEH's intellectual property assets to enhance public service goals.

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