Commentary on Sections Part 1: Defence Procurement Section 8: Intellectual property rights
33.This section relates to protected works, which are defined in subsection (4) as copyright or database rights as further defined in that subsection. Databases are a collection of independent works, data or other materials which are arranged in a systematic or methodical way, and are individually accessible by electronic or other means. DE&S hold a large number, the majority of which will have been provided to the Secretary of State from contractors.
34.Subsection (1) allows the Secretary of State to provide a protected work to a contractor or a service provider to a contractor in certain circumstances without infringing copyright or database rights. The circumstances are where the Secretary of State has acquired the right to use the work in connection with a contract entered into before the vesting date (as defined in section 12) and where it is necessary or expedient for a contractor to be provided with the work for the purposes of the section 1 arrangements. This section also enables a protected work to be copied for the purposes of providing it to a person (subsection (5)).
35.Subsection (2) allows a contractor or former contractor or a service provider who has received a protected work under this section to provide it to another contractor or service provider or the Secretary of State where it is necessary or expedient for the purposes of the section 1 arrangements.
36.Subsection (3) allows a contractor or service provider to use the protected work to the same extent that the Secretary of State is entitled to as long as it is necessary or expedient for the purposes of the section 1 arrangements.