---
title: "Test specifications for an obstacle to trade, a brand, or an unfair advantage"
url: "https://ailawframework.com/practice/government-procurement-and-tendering/test-specifications-for-an-obstacle-to-trade-a-brand-or-an-unfair-advant"
type: "task"
site: "AI Law Framework"
id: "A50-CO20261022-10"
practice_area: "Government Procurement & Tendering"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Test specifications for an obstacle to trade, a brand, or an unfair advantage

> From the specification, list any trademark, patent, origin, producer or named supplier, any international standard that is or is not used, and any supplier who helped write the specification.…

Canonical page: https://ailawframework.com/practice/government-procurement-and-tendering/test-specifications-for-an-obstacle-to-trade-a-brand-or-an-unfair-advant  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Government Procurement & Tendering](https://ailawframework.com/practice/government-procurement-and-tendering.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the specification, list any trademark, patent, origin, producer or named supplier, any international standard that is or is not used, and any supplier who helped write the specification. If the file shows a later change, list who was sent the change. Do not decide that the specification is lawful. |
| What the lawyer must review | The lawyer decides whether the specification meets paragraphs 10.9 to 10.13. Paragraph 10.9 says a specification or conformity assessment procedure must not be used to create an unnecessary obstacle to trade. Paragraph 10.10 says specifications must, where appropriate, be set in performance and functional terms and be based on international standards where those standards exist and apply, except where using them would fail to meet the entity's requirements. Paragraph 10.11 says a specification must not require or refer to a particular trademark, trade name, patent, copyright, design or type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the requirement, and in that case words such as or equivalent must be included. Paragraph 10.12 says a supplier used for market research may participate in a later procurement, and the entity must ensure that supplier has no unfair advantage. Paragraph 10.13 says a modification of evaluation criteria or specifications, or an amended or reissued approach or request, must be transmitted to all potential suppliers participating at the time, if known, and otherwise in the same manner as the original, and in adequate time for them to modify and re-lodge submissions if required. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

The responsible lawyer checks each element against the source named for it.

- What the AI does: From the specification, list any trademark, patent, origin, producer or named supplier, any international standard that is or is not used, and any supplier who helped write the specification. If the file shows a later change, list who was sent the change. Do not decide that the specification is lawful.
- What the lawyer does: The lawyer decides whether the specification meets paragraphs 10.9 to 10.13. Paragraph 10.9 says a specification or conformity assessment procedure must not be used to create an unnecessary obstacle to trade. Paragraph 10.10 says specifications must, where appropriate, be set in performance and functional terms and be based on international standards where those standards exist and apply, except where using them would fail to meet the entity's requirements. Paragraph 10.11 says a specification must not require or refer to a particular trademark, trade name, patent, copyright, design or type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the requirement, and in that case words such as or equivalent must be included. Paragraph 10.12 says a supplier used for market research may participate in a later procurement, and the entity must ensure that supplier has no unfair advantage. Paragraph 10.13 says a modification of evaluation criteria or specifications, or an amended or reissued approach or request, must be transmitted to all potential suppliers participating at the time, if known, and otherwise in the same manner as the original, and in adequate time for them to modify and re-lodge submissions if required.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court or regulator classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Highlight a brand or a named product even where the file says it is the usual product.
2. Do not add or equivalent yourself. Paragraph 10.11 says the specification must include those words. The lawyer decides whether the case is exceptional.
3. If the criteria changed, list the send list and the date. Do not assume every tenderer received it.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Department of Finance, additional rules](https://www.finance.gov.au/government/procurement/commonwealth-procurement-rules/additional-rules) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/government-procurement-and-tendering/test-specifications-for-an-obstacle-to-trade-a-brand-or-an-unfair-advant/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*