A contract forms the legal framework of a business relationship and exchange of promises between parties. It defines each party’s obligations. Business relationships between the Public Sector and externals can take different forms. An agency can be a purchaser of services, a service provider, a collaborator or partner, or a co-ordinator of partnerships. IP issues and considerations would differ depending on the form of the relationship, the extent of involvement and the intended outcome of the relationship.

In order to provide an understanding of IP issues that can arise in these different contexts, this course of the IP Practice series for the Public Sector, would first provide an overview of the basics of contract law. It will then deal with IP/IP-related clauses in common contracts such as IT/software, procurement, employment, commission, consultancy agreements etc. It will also detail common forms of IP contracts including non-disclosure agreements, confidentiality agreements, technology transfer agreements, licence agreements, assignments and research collaboration agreements. The Government’s Policy on IP and Procurement would be discussed in context of different situations.

At the end of this course, participants should be able to:

- Analyse essential IP contract terms;

- Understand how to best apply Government’s policy on procurement;

- Identify IP issues that can arise in common contractual situations;

- Take steps to see that these IP issues are addressed by ensuring proper and careful drafting of IP clauses in contracts.