The Service
Information Services Policies...
Intellectual property rights policy Hampshire Fire and Rescue Service (HFRS) are committed to fully protecting and exploiting its own Intellectual Property Rights (IPR) and to respecting the IPR of its customers, partners and other members of the business community.
Because the misuse or misappropriation of IPR may put the organisation at risk, all staff shall comply with this IPR policy as part of their standard employment contract.
IPR, including copyright, patent, design rights, trade marks and knowledge, will be protected by appropriate legal measures as well as contractual and technical measures.
Unless HFRS represents, of itself, a large proportion of the total market for a particular piece of software, it is unlikely that the supplier will accept a transfer of IPR to HFRS. This is normal practice and will normally by acceptable if other conditions of supply/purchase are not onerous.
If the IPR is not transferring to HFRS, it might be necessary, if a vital business function is affected, to enter into some ESCROW agreement in respect of the source code in case the supplier fails.
In most circumstances, purchasers should attempt to negotiate a site licence that therefore does not restrict the use of the software on HFRS computers.
Standard conditions of purchase apply here. Legal Services is the most appropriate source as there are several variants depending on the types of good or services being procured. Any terms of supply need to be examined to ensure that there are no conflicts with the authority’s appropriate purchase terms and conditions.
When third parties are involved in producing software for HFRS or for a partnership arrangement where HFRS is a major partner, then the issue of IPR ownership should be specifically considered at the outset of the relationship. In general terms and if reasonable, HFRS should own the IPR at the end of the relationship. A site licence should be the outcome if the IPR is not owned by HFRS.
It should be noted that any Open Source software included in the eventual product will not be covered by any claim of IPR and some declaration to that effect should be made.
When HFRS staff (primarily this applies to IS Department) are undertaking consultancy work or software development work inside HFRS, it is clear that the IPR resides with HFRS.
When HFRS staff (such as IS Department, IS consultants) do work for external customers which results in a report or a definitive piece of software, then the IPR should be claimed by HFRS.
When other people do work for (especially when retained on otherwise normal commercial terms) HFRS, then the IPR resulting from that work should be the property of the Authority and any counter proposals by the supplier in their conditions of supply should be resisted.
Information and services published by HFRS on the Web is HFRS copyright and all IPR rights are claimed. All published information shall claim this.
