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White Rose

White Rose

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consideration of subsidy and competition law, identifying non-exclusive and exclusive licencing and arrangements Experience a smooth and successful transition from KS2 to KS3 Maths that builds on ability and progress in primary maths This guidance is focused on UK government departments, agencies and public bodies, all of whom generate knowledge assets. Where an organisation is headed by an Accounting Officer, responsible for upholding Managing Public Money and managing that organisation’s assets, that organisation will fall within the scope of this guidance. [footnote 2] These organisations are primarily those classified to the central government sector by the ONS, but others will be in scope. This means those organisations should have a strategy for managing their knowledge assets, as covered in chapters 2 and 3. It should however be considered alongside the legal framework, and other relevant guidance or principles which may apply to individual organisations. Its scope does not extend to local and devolved government, or to universities, although it may still contain useful information that is relevant to their effective operations. capitalise on opportunities for income generation from knowledge assets, or to deliver wider social and economic benefits

Confidential information belonging to government bodies may be protected via a number of means, including the common law rules around breach of confidence and misuse of confidential information, Trade Secrecy legislation, and the Official Secrets Act. B. Public sector organisations should seek to ensure the UK receives a fair share of the benefits of a knowledge asset. as part of any financial incentives scheme it is worth being aware that if any patent benefits that accrue to an organisation are disproportionately greater than the reward to the individual, the individual can apply for compensation, as outlined in the Patents Act 1977, sections 40-41 A broad range of asset types fall into the category of knowledge assets. Often these different asset types are combined and produce more valuable knowledge assets. But it is helpful to understand the individual asset types, as many legal frameworks, in particular, use and protection rights, can vary between assets. Table 1.A below summarises these asset types, and groups them into thematic categories.These assets are critical to the effective operation of any organisation, including in the public sector. Moreover, they are growing in importance, as the role of technology and data in public service delivery increases, and as the government delivers more through partners, where an understanding of the ownership of the underpinning knowledge assets is vital to continued success. Identifying and understanding these assets, and managing them effectively, is fundamental to the effective and efficient management of public resources.

Contractual controls may also be put in place via NDAs. This can be seen as an enhanced version of protection through control of access, importing legal restrictions and penalties for breach of those restrictions. It is appropriate for all kinds of asset likely to give rise to a patent application, as well as assets involving individual or otherwise sensitive information. Level 3 – registered and unregistered rights A more comprehensive approach might involve gathering an inter-disciplinary team, including colleagues from innovative areas of the business, as well as colleagues in corporate roles such as finance, strategy and legal.

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Failure to identify these knowledge assets and integrate them into the procurement strategy can undermine efforts to secure best value. The consequences can be: The starting point for the development of an effective knowledge asset management strategy is to articulate your organisational strategic objectives. This will help to identify the most important knowledge assets held by the organisation and inform the approach taken to managing those assets. The board of those organisations in scope should actively seek to recognise their knowledge assets and take steps to ensure their appropriate management through identification and appropriate protection and exploitation. It is for each Accounting Officer, supported by the board, to decide how. The board and Accounting Officer should be supported by the knowledge assets SRO and other colleagues within the organisation, as needed. There are three levels of knowledge asset protection: open access or no protection, access restriction and confidentiality, and registered and unregistered rights. Each one varies in how to protect. Chapter 5 expands on this.

A knowledge asset management strategy should provide an organisation with an internal guide to decision-making through the life cycle of its knowledge assets. It should be tailored to the core activities of the organisation, but should also set out how the organisation handles assets which might have a purpose of value outside of that core function. third party knowledge assets, including the importance of properly protecting and exploiting third party rights public sector organisations should be seeking to ensure that UK society receives a fair share of the benefits in the knowledge asset that have been built up through public sector investment; unless they are appropriately protected, an organisation will not control the knowledge asset and are not in a position to make decisions about how the asset is managed and exploited to ensure this Revision Col 3 Collins at Home | Support for schools Home tutors Letts Revision Collins4Parents Collins Book Sale Revision for students financial value – licensing, selling or exploiting knowledge assets through other commercial means to secure a financial return for the taxpayer

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the four elements of creating a knowledge asset management strategy: 1) strategic context, 2) approach to knowledge asset management, 3) implementation of strategy, 4) evaluation and review of strategy If third party owned knowledge assets are to be used in any tendering/public procurement exercise, you should take steps to ensure that this is properly protected and respected, and that it is only used and disclosed in accordance with the rights granted in it. Doing otherwise could lead to claims against the government for infringement of IP and will reduce confidence in the public procurement process. Protection strategies – to help your organisation decide on the best approach for handling your assets once identified, whether and how to protect them. The goal may be to release to the public, but do you nevertheless need to put protections in place to facilitate that transfer?

Within organisations, this affects us all. Every time an organisation invests in itself to become better at its core task, it is investing in knowledge assets. Their effective management is part of good asset management which is the responsibility of all public servants. This is particularly important in knowledge-intensive institutions, such as public sector research labs and other bodies that conduct significant levels of public sector R&D. This section is not designed to be an exhaustive list of considerations for a knowledge asset management strategy. Relevant considerations will vary significantly between organisations. Implementation of strategysome departments procure hardware and other physical assets, which, whether ‘off the shelf’ or bespoke, will often be protected by design rights, patents and trade marks It is worth considering, as part of a knowledge asset management strategy, how to incentivise individuals to support effective knowledge asset management. These incentives can be relevant to support a range of valuable activities, including identification and recording of knowledge assets. Not all schemes will be appropriate for all organisations, depending on the nature of their activity and their organisational purpose and culture. However, there are a range of options, financial and non-financial, that can be, and are, used in the public sector. Box 4.A: Examples of public sector procurement projects that are likely to be rich in knowledge assets responsible for the management of knowledge assets as part of their existing day-to-day role (distinct from the SRO) Often documents and other knowledge assets may need to be re-used many years after their creation, and by different people and teams. They should be clearly marked with IP ownership information to facilitate such use and to avoid any potential misuse. More detail on IP marking is provided in Annex A.



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