Protect our intellectual property

Our intellectual property (IP) is valuable, and we protect and respect it.

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IP rights play a crucial role in safeguarding and enabling various aspects of our technology, processes, documents, products, and brands. These rights encompass a wide range of creations, including inventions, innovations, trademarks, designs, and copyright protected works like text, images, and software, as well as our confidential information and data. These assets help us be innovative and competitive, and protecting them is an important part of how we are successful. 

Protect our intellectual property
What it means for you

We protect BHP’s IP by ensuring all our work and innovations are secure. We understand what protection options are available, including the creation or recognition of legal rights, and take steps to ensure the right controls and protections are in place. 

By following our applicable standards and procedures, BHP keeps it’s IP safe. We protect confidential information, and we do not share it unless we have been authorised to do so or are required to by law. 

BHP respects the IP rights of others, including our suppliers, competitors, and customers. When working with a third party’s IP (including in contracts), we make sure we have the right permissions, and we handle others’ IP with the same respect we give our own IP. 

When we are creating or improving processes or materials, we ensure these will not infringe third party’s IP. 

How you make an impact
You handle our IP with care, comply with Our Requirements, respect the IP rights of others, follow contractual and confidentiality protocols, speak up about any misuse or potential infringement of BHP’s IP and the IP of others immediately.  
Resources
Data Global Standard 
Legal Services, Risks, Contracts & Disputes Global Standard 
Business Conduct Global Standard
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Always

• Enter into a confidentiality agreement before starting negotiations or any other engagement with a person outside BHP who may receive or access BHP’s confidential IP or information.

• Be aware of what information is confidential and comply with BHP’s Information Protection Framework (for example, classifying and marking documents). Only give confidential information to people who need to know it.

• Ensure onboarding processes confirm ongoing confidentiality obligations and that departing personnel have not retained any confidential materials.

• Use BHP’s standard contracts wherever possible when contracting with third parties, and only depart from BHP’s standard IP and confidentiality terms after obtaining appropriate internal approvals.

• Keep any new IP created, such as innovations or improvements to our processes, confidential and check with Legal if any additional protection is required.

• Ensure no third party IP rights may be infringed before you copy, share, develop or deploy new technology or processes. If unsure, seek guidance.

• Use a third party’s IP only as permitted in writing by that party (for example in a contract with a supplier) or otherwise as permitted by law where you have advice from Legal.

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Never

• Disclose BHP’s IP without first obtaining permission from your line leader and, if the IP is confidential, making sure the recipient has a legal obligation to keep the information confidential (for example under a confidentiality agreement).

• Bring to BHP or use any confidential information, including documents or computer records, from prior employers or clients without their written permission.

• Share, copy or deploy a new technology or process without first ensuring you are not infringing a third party’s IP.

• Use third parties’ copyright materials (for example software, photographs, text, audio or video downloaded from the internet) or trademarks in materials you are producing including for use on BHP intranet sites, without first obtaining permission from the copyright or trademark owner.

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Hypothetical scenarios
Q: I am planning to work from home over the weekend on an important document but don't want to carry my laptop home. Can I send the document to my personal email and then work on it from home on my personal computer?
A: BHP data or intellectual property should always be protected by storing or sharing or publishing using BHP approved locations and applications, including when working from home. Do not transfer, publish, share, remove or delete BHP data or intellectual property from those approved locations without authorisation from your line leader.
Q: When I leave BHP can I take any of my work with me?
A: As a general rule, any work you create that relates to our business or operations is owned by BHP and cannot be used outside of the company. There may be limited circumstances where BHP will permit you to use that work product, but only with prior written permission and after any BHP information has been removed. Discuss the matter with your line leader or 2Up leader prior to leaving BHP.

 

Q: An original equipment manufacturer (OEM) has been providing spare parts for some equipment at a high price. I have been dealing with a low-cost manufacturer and think they could make these parts at a much lower price. Can I give the low-cost manufacturer some examples and ask them to make these parts for us?
A: Engaging a third party to copy, make or supply these parts could involve risks such as infringement of copyright, patents or registered designs, or breaches of confidence or contractual obligations. While we should always seek to get parts at the best value price possible, we also need to respect any IP the OEM may have.
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