support and maintenance of software, and future modifications should be
planned and documented in advance.
0205:
Intellectual Property Rights
Adherence to Intellectual property (IP) laws to protect owners, inventors,
and creators of intellectual property from unauthorized use.
020501:
In the deployment of software solutions in Government there is likely to be
several options available. Some of the options available would include:
(a) Procurement of retail or “common off- the-shelf” software
(b) Customisation or modification to existing licensed software
(c) Provision of “green field” or “built from scratch” software
020502
In the case of option (a) above it is essential to ensure that appropriate
licenses fees are paid for, if required. If payments are required and a large
number of users are involved, “bulk” or “volume” licenses could be negotiated
with the Software provider. This would entail costs which should be planned
and budgeted by the entity concerned. (See Section 02040201 to avoid
maintenance problems.)
020503
In the case of option (b) above, Government entities could hire software
engineers or Service Providers to modify or customise the licensed software. It
is important to require the Service Provider to adhere to license conditions
imposed by the creators or owners of such Software (See section 02040201).
Note: There would be service or customisation cost involved in modification or
carrying out customisations to this category of software, which should be
budgeted by the Government entity. Some of the license categories under this
option could provide access to the Source Code, enabling the Government
entity to maintain the software using its own resources or a Service Provider
or Software Engineers. Replication or re-deployment under this category could
take place without incurring license fees, although costs may have to be
incurred in respect of services.
020504
In relation to option (c) above, the ownership of Intellectual Property rights
would depend on the Agreement between the parties. Such an agreement
may include two options:
(i) Total ownership of Intellectual Property Rights
(ii) Joint ownership of Intellectual Property Rights
If the option (ii) is exercised, the Government entity could have access and
ownership to the source code upon completion of the software warranty
period, provided that the source code is managed through a “source code
management repository” arrangement to be agreed by the two parties.
Software developed in this manner would enable both the Government entity
and the Service Provider to revise, further develop, replicate or deploy
without any restriction after the warranty period.
If the Government entity is providing significant input to the design of the
software it could exercise the right to have total ownership.
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