Intellectual property and contracting
Defence Intellectual Property Strategy
The Intellectual Property (IP) Strategy explains Defence's approach to IP. It seeks to achieve an appropriate balance between the commercial interests of industry and those of Defence. A fundamental principle of the IP strategy is that Defence will not seek to own IP created in connection with the Defence Innovation Hub unless there are compelling reasons to do so, such as national security.
The new IP Strategy will facilitate a relationship of collaboration over the life of each innovation contract.
Defence Innovation Contract template
The contract template has been designed to increase incentives to innovation and attract interest from industry through its user-friendly and plain English design; and flexible collaborative structure.
Our new contracting arrangements assist in streamlining contracting procedures to make it simpler and less costly for Australian industry to do business with Defence. You can expect greater collaboration with Defence and considerably reduced time to contract execution.
The structure of our Innovation contract is as shown:
- The Contract Framework sits at the front of the Innovation Contract and is signed by the parties.
- The Contract Framework does not change between phases - there is only ever one Contract Framework for an Innovation Contract.
Contract Phase Statement
- The Contract Phase Statement (CPS) includes all the critical information for the project.
- The innovation Contract will initially have one CPS attached to it for the first phase. When a project moves to a new phase, a new CPS will be agreed and added to the Innovation Contract.
- The Standard Terms are the same for each innovation Contract and there are no fields for the parties to include details.
- There are optional terms in the Standard Terms which the parties can decide to include, depending on the project. The optional terms are selected in the CPS.
Frequently asked questions
What does the Intellectual Property (IP) Strategy explain?
The IP Strategy sets out Defence’s approach to the treatment and protection of IP used or created in connection with projects funded by the Defence Innovation Hub, including existing IP contributed by both industry and Defence.
How is the IP strategy different to Defence's previous approach to IP?
This strategy recognises the critical role that IP plays in fostering and encouraging innovation and delivering vital capability to Defence and sets out IP Principles that seek to achieve an appropriate balance between the interests of Defence and industry.
Why has a new Contract Template been created?
The new contract template has been designed to make it easier for industry, academia and research organisations to work with Defence to develop innovative ideas. The template has been designed to attract interest and increase incentives for you to work with Defence through the user-friendly and plain English design, as well as the flexible collaborative structure.
What are the new contracting arrangements like?
The contracting arrangements have a different approach, look and feel to Defence’s existing contracting approaches and innovation programs, with a major change in respect to ownership of IP developed.
How is this different to standard procurement?
Consistent with the objectives of the Defence Industry Policy Statement and First Principles Review: Creating One Defence, the new contracting arrangements will assist to streamline tendering and contracting procedures to make it simpler and less costly for Australian industry to support Defence. Participants can expect greater collaboration with Defence and significantly reduced negotiation time.
Why are the new contracting arrangements better?
The new contracting arrangements:
- foster a new approach to innovation by looking closely at collaboration between Defence, industry and research organisations
- remove barriers to innovation by encouraging investment in Australia’s innovative ideas
- provide incentives for companies to innovate in Australia
- will transform the business environment for individuals and companies working with Defence to lower tendering and contracting costs, and reduce red tape.
How quickly can I get a contract signed?
The procurement framework has been designed with agility and efficiency in mind. While it is difficult to specify a timeframe for entering into contract for every innovation proposal, Defence anticipates that it will be able to enter into contracts much faster than it has under other programs. The Defence Innovation Hub will communicate and collaborate with you throughout the procurement stages.
What are the phases within the Contract?
Phase 1 – Technology/Concept Exploration
Phase 2 – Technology demonstrator
Phase 3 – Prototype system
Phase 4 – Integrated capability demonstration
You do not need to progress through every phase within the contract, you can start at any phase appropriate to the maturity of your innovation idea.
Will the Contract and IP Strategy change over time?
As a new program, Defence will be looking for continuous improvements across all aspects of the Defence Innovation Hub and this will include the Contract and IP Strategy. You will be involved in the improvement process and are encouraged to submit improvement ideas.