Policy: Intellectual Property
- inventions and scientific discoveries;
- circuit layouts and the like;
- trade secrets;
- plant breeder’s rights; and
- any other rights as defined in Article 2 of the Convention (Dated 14th July 1967) establishing the World Intellectual Property Organisation (as amended from time to time),
Ownership of IP - Staff
- The University owns all IP created by Staff:
- in the course of their employment or association (as relevant) with the University;
- in the course of using funding awarded either by or to the University, or using the facilities or resources of, the University, other than as a Student;
- in the conduct or creation of any works commissioned by the University by way of separate agreement, other than the contract of employment, unless agreed otherwise; and/or
- which vests in the University at law, excluding:
- unless otherwise agreed in writing, IP in Education Materials, Scholarly Works, Creative Works or IP created in the course of activities approved under the Paid Outside Work – 52 Day Rule Policy.
- Work conducted under the Paid Outside Work – 52 Day Rule Policy cannot include activities which are likely to lead to new patentable IP. This policy will not govern the ownership of any other IP generated through activities conducted under the Paid Outside Work – 52 Day Rule Policy such as copyright in reports. Ownership of such IP will be determined between the researcher and the funder of such work.
- Ownership of Intellectual Property ensures that the University can enter into agreements for the sponsorship of research and research translation, and undertake its activities as an educational body.
Ownership of IP – Students
- The University does not, as a matter of course, assert ownership over IP created by Students. However, where the Student is working as part of a project or research activity, particularly where the activity is externally funded, the University may require the Student to agree to an IP assignment or licence in order for the Student to become involved, or continue involvement, in such activity.
- The Student Intellectual Property Procedure outlines further circumstances where assignment of Student IP may be required for a Student to work on a University project or internship.
- If a Student is also employed by the University, the IP created in the course of, or arising out of, their employment, will be governed by this policy as it applies to Staff.
Ownership of IP – Visitors and Visiting Fellows
- The University does not, as a matter of course, assert ownership of IP created by Visitors or Visiting Fellows. However, where the Visitor or Visiting Fellow is working as part of a project or research activity, in particular where the activity is externally funded through the University or makes use of University facilities and resources, then the University may require the Visitor or Visiting Fellow to agree to an IP assignment or licence in order to become involved, or continue involvement in, the activity. In order to retain their visiting status, all IP arrangements must be resolved and documented to the satisfaction of the University as determined in each case by the Deputy Vice Chancellor (Research & Innovation).
Licensing of Education Materials, Scholarly Works and Creative Works
- A Creator owns IP in Education Materials, Scholarly Works or Creative Works unless otherwise specified in a separate agreement with the University.
- A Creator of Education Materials, Scholarly Works or Creative Works grants to the University a perpetual, irrevocable, world-wide, fee free, royalty free, unrestricted, non-exclusive licence (including the right to sub-licence) to use such works for University purposes. This licence is subject to any overriding contractual obligations the Creator owes to third parties (for example, a publisher of a textbook or a journal article) that have been notified to the University.
- The Creator must make all reasonable efforts to ensure that the licence in paragraph 7 can be granted to the University when reaching agreements with third parties, and notify the University as soon as practicable after entering into contractual obligations that restrict the licence able to be granted.
What is and is not IP
- IP can take many different forms. A definition of important terms and useful explanations of those different forms can be found at the IP Glossary.
- Moral Rights
- Moral Rights are not IP but are closely aligned with IP. Moral Rights belong personally to Creators and cannot be sold or assigned. These rights are defined in the Copyright Act 1968 (Cth) and include:
- the right of attribution of authorship;
- the right that a work not be falsely attributed; and
- the right of integrity of authorship (that a work not be unreasonably treated, altered or used in such a way that it harms the reputation of the Creator).
- In Australia, Moral Rights cannot be waived in a general way. An author or creator must consent to specified acts (for example, details of how a work may be used by another party without attribution) which would otherwise infringe their Moral Rights.
- The University will, wherever possible, protect the Moral Rights of University Staff, Students, Visitors and Visiting Fellows, particularly where the specified acts may affect academic standing or the proper attribution of academic work intended for open publication. However, if necessary, under an agreement between the University and a third party, the Creator may be requested to provide written consents to specified acts with respect to their Moral Rights in works created pursuant to such third-party agreement.
- Research data
- IP may exist in research data (including metadata) where a certain level of intellectual process has been applied to organise, tabulate or describe the data.
- IP may also exist in research data (including metadata) where that data is confidential and has not been made publicly available. Where IP in research data exists, then this IP Policy applies.
- Unless otherwise agreed by the University, the University asserts ownership in research data created in the course of University activities.
Protection of Indigenous Cultural and Intellectual Property Rights
- To the extent that an Indigenous research project involves Intellectual Property, this policy applies.
- There must be an agreement that sets out the ownership of Intellectual Property when undertaking a research project with an Indigenous party/s.
- Laws applying to modern concepts of IP have requirements not applicable to Indigenous cultural knowledge, such as requiring a work to be newly created and original, or registration to protect is the IP only for a fixed period of time. Indigenous cultural knowledge does not satisfy those requirements as it is old, community-owned and protected in perpetuity, therefore must be dealt with separately to IP.
- Research projects funded by third parties who require the ownership of, or licence to, project IP must specify that Intellectual Property (including that contributed by an Indigenous party/ies be owned by the University, or that the University has a licence with a right to sublicence the IP.
- To the extent that the research project involves Indigenous cultural knowledge, the applicable research agreement must specify that it is owned by the Indigenous party/ies except in rare circumstances. The University must not enter not agreement with third parties where secret and sacred Indigenous cultural knowledge is assigned or licenced to the funder or research partner. Cultural knowledge that pre-exists the Indigenous research project must be protected within the agreement, and ownership must never transferred or assigned by the research agreement.
Protection and Commercialisation of IP
- Protection and Commercialisation of University IP must be undertaken in accordance with the IP Protection and Commercialisation Procedure, which contains the following principles:
- Facilitation of engagement with external partners and ensure that University research is utilised for benefit to society;
- Support of researchers in their entrepreneurial and commercial endeavours;
- Facilitation of Creators receiving a benefit from Commercialisation of University IP created by them as recognition of their intellectual input, where possible; and
- Identification and management of risks to the University associated with Commercialisation appropriately.
Obligations in respect of IP
- University Staff, Students, Visitors and Visiting Fellows must not act in a manner which would result in the University or themselves being in breach of obligations to third parties concerning IP.
|Printable version (PDF)|
|Purpose||To promote the advancement and transmission of knowledge generated in connection with teaching or research within the University.|
|Topic/ SubTopic||Research - Intellectual Property|
|Effective Date||25 Oct 2022|
|Next Review Date||25 Oct 2027|
|Responsible Officer:||Chief, Research and Innovation services|
|Approved By:||Academic Board|
|Contact Area||Research Services|
Patents Act 1990
Patents Regulations 1991
Trade Marks Act 1995
Trade Marks Regulations 1995
Designs Act 2003
Designs Regulations 2004
Plant Breeder's Rights Act 1994
Plant Breeder's Rights Regulations 1994
Copyright Act 1968
|Delegations||5, 330, 331, 332|
Information generated and received by ANU staff in the course of conducting business on behalf of ANU is a record and should be captured by an authorised recordkeeping system. To learn more about University records and recordkeeping practice at ANU, see ANU recordkeeping and Policy: Records and archives management.