Frequently Asked Questions
The FAQ section has been divided into sections for UTAS employees, students and non-employees.
Employees
Q: I have created some new intellectual property that I think might be valuable- what should I do?
A: More details regarding reporting intellectual property can be found here. You should be aware that disclosures of inventions can decrease the value of the inventions and could prevent the University from being able to patent the invention. Before you disclose any invention, we recommend that you arrange to discuss it with UniQuest.
Q: I am a supervisor and my student has created some new intellectual property- who owns it?
A: This will depend on the circumstances of its invention or creation- we suggest that you contact a Lawyer in the Research Office to discuss this further [link to ROCU contacts page]. For more information about student ownership of intellectual property generally, see student ownership of intellectual property.
Q: Am I allowed to use my research from a prior project, for new project?
A: This will depend on who owns the intellectual property you have created in the course of the first project, and whether or not that intellectual property is also confidential. The Research Office has copies of all the terms applicable to each research or consultancy project. In the first instance, you should contact the Contract or Project Officer responsible for managing the first project.
Q: I have been told that I need to keep an “IP Register” for my project- what does this mean?
A: Some funding bodies and CRCs require that the University keep a record of intellectual property that has contributed to a particular project or CRC. They may also require that you keep a record of any new intellectual property that is created. If you have any doubts as to what is required under the terms of the funding or CRC agreement you should contact the Contract or Project Officer responsible for managing the project.
Q: I want to share or publish my research, but I want to protect the intellectual property I have created- who should I contact?
A: Disclosures of inventions can decrease the value of the invention and could prevent the invention from being patented. Before you disclose any invention, we recommend that you arrange to discuss it with a UniQuest Manager of Innovation and Commercial Development.
Q: What material can I put in readers or online?
A: The University’s Copyright Website contains more information in relation to copyright and the use of copyright material. You may also wish to contact the University’s Copyright Officer.
Q: I’ve been asked to sign a Deed of Assignment- what is it for, and what happens if I don’t sign?
A: Please visit the Assigning IP page.
Q: I’m receiving equipment/ materials from another institution or company for my research project and I’ve been sent some terms and conditions- who can sign?
A: Usually these types of contracts contain conditions on the use of intellectual property. Only the Deputy Vice-Chancellor (Research) has delegation to sign contracts relating to intellectual property on behalf of the University. The University needs to ensure that these terms and conditions are consistent with our terms of agreement with the project funding body and your use of the equipment/ materials in the course of the project. The Research Office has copies of all the terms applicable to each research or consultancy project. In the first instance, you should contact the Contract or Project Officer responsible for managing the project.
Q: How is commercialisation income split between creators, the University and my School/ Institute?
A: For more information regarding the way the University splits commercialisation income, see the section of this site regarding commercialisation.
Q: What is a “Moral Rights Consent” and do I have to sign it?
A: “Moral Rights” include an author or performer’s right to have their work or performance attributed to them, not subjected to derogatory treatment as well as not being falsely attributed to someone else. It is not possible to assign moral rights, however sometimes a funding body requires that the University obtain the consent of its employees to infringe some or all of their moral rights. The University will always try to avoid accepting such an obligation.
Where it is not possible to avoid accepting this obligation without compromising the project funding, the University will ask staff involved in the project to sign moral rights consents. The University will always encourage you to seek legal advice in relation to the moral rights consent terms. If a staff member does not agree to waive their moral rights as required by the funding body, the University may not be able to allow them to participate in the project.
For Non-Employees With Discretionary Titles (such as an honorary)
Q: I’ve been asked to sign a deed of assignment- what is it for, and what happens if I don’t sign?
A: Please visit Assigning IP
Q: I’m receiving equipment/ materials from another institution or company and I’ve been sent some terms and conditions- can I sign?
A: Only the Deputy Vice Chancellor of Research has delegation to sign documents relating to intellectual property on behalf of the University. The University needs to ensure that these terms and conditions are consistent with our terms of agreement with the funding body and your use of the equipment/ materials in the course of the project. The Research Office has copies of all the terms applicable to each research or consultancy project. In the first instance, you should contact the Contract or Project Officer responsible for managing the first project.
Q: Am I allowed to use my research from a prior project for another project?
A: This will depend on who owns the intellectual property you have created in the course of the first project, and whether or not that intellectual property is also confidential. The Research Office has copies of all the terms applicable to each research or consultancy project. In the first instance, you should contact the Contract or Project Officer responsible for managing the first project.
Q: How is commercialisation income split between creators and the University?
A: For more information regarding the way the University splits commercialisation income, see the section of this site regarding commercialisation.
Q: What is a “Moral Rights Consent” and do I have to sign it?
A: “Moral Rights” include an author or performer’s right to have their work or performance attributed to them, not subjected to derogatory treatment as well as not being falsely attributed to someone else. It is not possible to assign moral rights, however sometimes a funding body requires that the University obtain the consent of persons involved in the performance of the project to infringe some or all of their moral rights. The University will always try to avoid accepting such an obligation.
Where it is not possible to avoid accepting this obligation without compromising the project funding, the University will ask persons involved in the project to sign moral rights consents. You do not have to sign the moral rights consent and the University will always encourage you to seek legal advice in relation to the moral rights consent terms.
If a person with a discretionary title does not agree to waive their moral rights as required by the funding body, the University may not be able to allow them to participate in the project.
For Students
Q: My supervisor helped me to create some new intellectual property- who owns it?
A: This may depend on the circumstances of its invention or creation- we suggest that you contact a Lawyer in the Research Office to discuss this further. For more information about student ownership of intellectual property generally, see the section of this site regarding student ownership of intellectual property.
Q: I’ve been asked to sign a deed of assignment- what is it for, and what happens if I don’t sign?
A: Please visit the Assigning IP page.
Q: How is commercialisation income split between creators and the University?
A: For more information regarding the way the University splits commercialisation income, see the section of this site regarding commercialisation.
Q: What is a “Moral Rights Consent” and do I have to sign it?
A: “Moral Rights” include an author or performer’s right to have their work or performance attributed to them, not subjected to derogatory treatment as well as not being falsely attributed to someone else. It is not possible to assign moral rights, however sometimes a funding body requires that the University obtain the consent of its employees and students to infringe some or all of their moral rights. The University will always try to avoid accepting such an obligation.
Where it is not possible to avoid accepting this obligation without compromising the project funding, the University will ask persons involved in the project to sign moral rights consents.
You do not have to sign the moral rights consent and the University will always encourage you to seek legal advice in relation to the moral rights consent terms.
If an employee or student does not agree to waive their moral rights as required by the funding body, the University may not be able to allow them to participate in the project.