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In our experience, intellectual property (IP) has moved from a peripheral issue to a core capability for our government clients. All but a few government transactions involve at least some negotiation of IP rights.
We know that government agencies must manage particular risks when dealing with IP over and above the usual commercial issues that might arise with corporate clients. For example: the implementation of public policy through the development of legislation (acquisition of IP as property), the implementation of new programs (application of Crown rights (patents and copyright), branding issues, tensions between confidentiality obligations and governments' preference for transparency), data acquisition, management and dissemination necessary to support policy development or innovation in new policy areas (copyright and patent implications of software development, research and development involving IP ownership, licensing and commercialisation).
Government agencies are expected to manage IP issues in accordance with relevant IP policies and frameworks such as the Australian Government's statement of IP Principles and the Commonwealth Procurement Rules.
Our intellectual property lawyers regularly advise government agencies in all jurisdictions on a wide range IP related matters including complex materiel procurement, IT procurement and development, data management, research, commercialisation, funding arrangements, consultancies and general contracting.
Our approach with government clients is to focus on a risk analysis in the context of our clients' objectives. We work with clients to identify IP related risks, assess the significance of those risk and develop options to manage those risks.
This month, the Victorian Department of Treasury and Finance released the Intellectual Property Guidelines for the Victorian Public Sector.
On 28 December 2012, the PRC National People’s Congress passed Amendments to the PRC Labour Contract Law (the Amendments) in relation to the labour dispatch arrangement. The Amendments will come into force on 1 July 2013.
On 31 December 2012, the China International Economic and Trade Arbitration Commission (CIETAC), a foreign-related arbitration commission set up by the China Council for the Promotion of International Trade (also known as the China Chamber of International Commerce) (CCPIT), released its Announcement on Issues Concerning CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission" (the Latest Announcement). This is the latest development in a dispute, which has been on foot since April 2012, between CIETAC, the Shanghai Sub-Commission of CIETAC (CIETAC Shanghai), and the Shenzhen Court of International Arbitration (SCIA) (the CIETAC Dispute). SCIA was known as the South China Sub-Commission of CIETAC before 22 October 2012.