IP Policies

The following documents provide direction and guidance for IP management in the WA health system:

• WA Health System Mandatory Intellectual Property Policy (MP 0156-21) (PDF 256KB)

The purpose of the IP Policy 0156-21 (PDF 256KB) (the Policy) is to specify processes that must be followed for the management of IP by WA health system entities (Health Service Providers and the Department of Health) in order to facilitate compliance with:

1. The Western Australian Government Intellectual Property Policy 2015 (external site), which provides a management framework to ensure WA Government agencies use their IP to maximise public benefit, knowledge transfer and encourage innovation. (Note that an update to the IP Policy 0156-21, to align with the Western Australian Government Intellectual Property Policy 2023, is pending).
2. Sections 13(2)(d) and 36(3)(f) of the Health Services Act 2016, which state that the Minister, and the Health Service Providers, may develop and turn to account any technology, software or other intellectual property that relates to their functions and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights
3. Chapter 7: Asset Management, of the WA Health Financial Management Manual. Section 701 of this manual refers to intangible assets, which would include IP with commercial potential. It requires that all WA Health officers are to ensure that the policy and its procedures relevant to this section are complied with, and will be held accountable for any non-compliance.

This Policy is also consistent with Strategy 8, Recommendation 28, of the 2019 Final Report of the Sustainable Health Review, which recommends the establishment of a WA health system central unit to provide advice and guidance on innovation such as intellectual property, legal, marketing and commercialisation protocols; and facilitate sharing and connecting of innovative work across the health system.

The Policy is contained within the Department of Health Research Policy Framework, which specifies the research requirements that all Health Service Providers must comply with in order to ensure effective and consistent research activity across the WA health system.

It is a mandatory requirement for the Department of Health pursuant to:

• Section 26(2)(l) of the Health Services Act 2016, and
• Section 29 of the Public Sector Management Act 1994.

This Policy supersedes IC 0228/15 Intellectual Property Management in WA Health.

Intellectual property guidelines

The WA health system Intellectual property guidelines, that accompany the policy, outline recommended best-practice approaches to key aspects of IP management in the different entities of the WA health system.

More information

Office of Medical Research and Innovation

Email:DOH.OMRI@health.wa.gov.au
Postal address:
Office of Medical Research and Innovation
Department of Health
PO Box 8172
Perth Business Centre 6849