Information on TT trademark contract

Summary

A request was made for payment details and work descriptions regarding Eversheds' TT trademark services contract. The authority disclosed the scope of work performed but withheld payment amounts citing commercial interest exemptions.

Key Facts

• The request concerned Tender DED/2014/018 for TT Trademark IP Services.
• Payment amounts to Eversheds were withheld under section 30(2)(b) of the Freedom of Information Act 2015.
• Eversheds manages trademark registrations and monitors watch lists for TT, Tourist Trophy, and TT Zero.
• The Department for Enterprise determined that disclosing costs would prejudice future tender competitiveness.
• The response was issued on 19 June 2017 following a request received on 21 May 2017.

Data Disclosed

• 2017-05-21
• 2017-06-19
• DED/2014/018
• 2014
• section 30(2)(b)

Exemptions Cited

• Section 30(2)(b) of the Freedom of Information Act 2015 (Prejudice to commercial interests)

Data Tables (1)

Full Response Text

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Date: 19 June 2017

Dear

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your request dated 21 May 2017. Your request Your request was as follows: “Please could I request information How much was paid to the Company "Eversheds" for TT Trademark I P Services Tender DED/2014/018 in 2014 and each of the following years And details of the work they do.”

Response to your request
In relation to the first part of your request (“How much was paid to the Company “Eversheds” for TT Trademark I P Services Tender DED/2014/018 in 2014 and each of the following years”), while our aim is to provide information whenever possible, in this instance the information is exempt under section 30(2)(b) of the Act, as disclosure would or would be likely to prejudice the commercial interests of a person (including the public authority holding it) and the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The reasons that release of the information would be likely to prejudice the commercial interests of a person are as follows:

The Department of Economic Development conducted a tender exercise in order to identify a provider of TT Trademark IP Legal Services. Release of the amounts paid to Evershed for this service could compromise the ability to effectively undertake another such tender exercise by

Department of Economic Development Rheynn Lhiasaghey Tarmaynagh

Steven Tallach Freedom of Information Co-ordinator 1st Floor St Georges Court Upper Church Street Douglas Isle of Man IM1 1EX

Telephone: (01624) 685375 Website: www.gov.im/ded Email: steven.tallach@gov.im

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allowing rival companies access to the information. This will adversely affect the Department’s ability to get the best value deal in future tender exercises. Release of the information is also likely to harm Eversheds’ commercial interests by enabling
other businesses to underbid in any future tender exercise. As section 30(2)(b) is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosing the information include:  transparency and showing how much money is spent by the public sector;  promoting good decision making;

Factors in favour of maintaining the exemption include:  Enabling the Department to obtain value for money services;  Releasing the amount paid to Eversheds may put the company off from bidding for work for the Department, and indeed may put other companies off from bidding for contracts if they know that the amounts they are paid will be released.

In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Department has taken the following into consideration:  disclosure could severely impact on the Department’s and Evershed’s ability to be competitive in the market place which could have further ramifications by reducing the size and effectiveness of the market and those who are willing to provide such services to the Department;  the information is current and will be subject to a retendering exercise at some point in the future - disclosure could distort this;  the Department does not routinely publish such information;  there is no misinformation in the public that warrants disclosure; In taking all of these factors into account the the Department determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

In relation to the second part of your request (“…details of the work they do”): Eversheds are responsible for:  management of the Department's trademarks including maintenance of registrations;  monitoring trademark watch lists for applications which may infringe the Department's registered and unregistered rights in respect of the TT, Tourist Trophy and TT Zero trademarks;  preparing evidence for registry proceedings;  drafting and negotiation of settlement and coexistence agreements;  enforcing the Department's trademark rights, to cover drafting initial pre-action correspondence and negotiating settlement; and  providing legal advice on intellectual property matters.

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Your right to request a review If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically here: https://www.gov.im/about-the-government/freedom-of-information/freedom-of-information- review-request-january-1-2017/

Alternatively a hard copy of your review request may be delivered/posted to me at the above address.

Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on: 1 whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or

2 whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your rights to review is on the Information Commissioner’s website at: www.inforights.im Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about Freedom of Information requests can be found www.gov.im/foi.

Yours sincerely

Steven Tallach Freedom of Information Co-ordinator