D3. Intellectual Property

Code 8.0

Intellectual property rights shall be respected. Transfer of technology and know-how is to be done in a manner that protects intellectual property rights, and customer and supplier information shall be safeguarded.

Elements to Demonstrate Compliance to RBA Code

1. Policy

Ensure facility ethics and/or intellectual property protection policy includes the following elements:

• a. Information received from suppliers and customers as part of the contracting process is protected.
• b. IP and IP ownership are protected.
• c. IT measures and guidelines about the handling, distribution/dissemination of information to protect information from suppliers and customers and IP.

2. Procedures & Practices

Procedures & Practices are in place such that:

• a. Ensure non-disclosure and protection of information about its customers, channel partners, suppliers, workers, and other business partners in accordance with applicable laws and regulations.
• b. The company/facility has a means to protect its suppliers' customers' confidential information and ensure it is not disclosed to third parties.
• c. Adequate and effective process and administrative control of records and IT systems
• d. Commercial nondisclosure agreements are a part of all customer and supplier contracts to protect the intellectual property rights of all parties.
• e. Investigations of unauthorized disclosures and/or loss of IP information are undertaken.
• f. Customers/suppliers are notified if violations should occur.
• g. Personal information protection agreements (NDA, confidentiality…) are in place for staff, workers, suppliers, and customers.

3. Controls & Monitoring

Controls & Monitoring should include:

• a. There are procedures in place to review intellectual property ownership and to ensure intellectual property rights are upheld and respected (their own and that of their customers).

4. Serious conditions that will result in a severe finding

• IP from any source (own company, customer, other) which the facility is in possession of is not protected.

1.0.0 (2024-01-01)

Initial release.