Although called for in the policy guidelines and procedures, most respondents stated that RFPs did not clearly state the ownership position of the government, nor did they give the reasons when Crown ownership was invoked. The private sector believes quite strongly that ownership of intellectual property is preferable to obtaining a license. They consider that when they have unencumbered ownership, they are in a better position to exploit market opportunities. Private sector respondents were aware of the financial difficulties facing government departments and their laboratories and the resultant efforts to generate and retain revenues. Many felt that revenue retention allowed by the 1993 TB policy was causing departments to take a harder stand on Crown ownership.
Software developers are especially upset with the government's lack of application of the policy.
The lack of application is more frequent in general procurement contracts. Many respondents felt that one of the difficulties in applying the policy was due to departmental personnel having little understanding of how business operates. Several of the industry associations and many of the interviewees complained about the restrictive clauses employed by the government in both their contracts and licenses. In some cases, the time taken to get a license was also an issue. The main suggestion put forward by the private sector respondents to improve the 1991 policy is for the government to actually apply it in an honest, consistent manner, and not hide behind real or imagined exceptions.