Using AS4000 for the General Conditions of Contract, Westec Mining Ltd ('Westec') engages Bullhit Services Ltd ("Bull") to refurbish its' iron ore cleaning plant (used to improve the grade of the ore with less impurities before transfer to the processing plant). The original design of the plant is owned by Bull. During the refurbishment, Westec identifies a design fault with the Bull designed drive and tumbler units which limits the capacity of the plant. The inconsistent feed (ore material and moister content) hinders the smooth operation and significantly reduces the production output. A Westec employee, Jay Doe, advises Westec and Bull that a change to the design would significantly increase through put and reduce downtime. The Superintendent of Westec gives formal notice to the Contractor to undertake the changes to the design and approves variation for additional work. Bull reconfigures the design and introduces the innovative adjustable tumbler arrangement which automatically adjusts based on weight and travelling speed of material. [This new design not only works more efficiently but increases output by an additional 20%.] The Superintendent (Westec) advises the Contractors representative (Bull) that the new design of the adjustable tumbler arrangement is the sole property of Westec. The Contractors Representative (Bull) disputes this assertion.

Critically discuss and answer the follow questions:

1. How does AS4000 define and deal with Intellectual Property? (2mark)

2. What is the intellectual property (IP) at the centre of the dispute? (2 mark)

3. Who do you believe owns the Intellectual Property at the centre of the dispute? (Provide your reasoning to support your views.) (3 marks)

4. What improvements/ additions to the clause in AS4000 would you recommend to provide more protection and clarity for both parties? (3 marks)

[Hint: Read the question twice and confirm you understand who does what.]