University Council

Intellectual Property (GLP4)


Governance Level Principle - No. GLP4

Relevant UTAS Ordinance and/or
Rule Reference No.
Ordinance 1 (Role of Council)
Relevant State/Federal Govt.
Legislation
University of Tasmania Act 1992
Commencement Date 8 April 2005
Review Date 8 April 2006

 

1. Statement of Context

The University of Tasmania seeks to encourage invention, creative work and technology development in a climate that protects its creative effort and stimulates the proper protection of the University's economic investment in that effort. The University seeks the capacity to take commercial advantage ly exploit any advantage found in of its Intellectual Property whilst recognising the moral rights of the authors.

Intellectual Property is given a broad meaning, and includes Copyright existing under the Copyright Act 1968 in literary works (including computer programs), course materials, dramatic works, musical works, artistic works, films, sound recordings, television and radio broadcasts, and published editions of works (as defined in the Copyright Act). Copyright vests automatically under the Copyright Act without the need for registration, provided the subject matter meets the requirements of the Act.

2. Objectives

The objectives of this principle are to:

  • provide a framework for properly managing the University's Intellectual Property; and
  • describe roles, responsibilities and accountabilities.

3. General rules

3.1 As a general rule the University will assert ownership of Intellectual Property created by University staff in the course of their employment (excluding copyright in Scholarly Works).

3.2 Generally, the University will not assert ownership of Intellectual Property rights developed by students . However, it may seek to claim ownership of Intellectual Property rights developed by students in the following circumstances: with the following exceptions:

  • When Intellectual Property (except copyright in a thesis) arises from a student's project AND background Intellectual Property is made available by the University for the purposes of the project : and
  • When Intellectual Property (except copyright in a thesis) arises from a project which has in whole, or in part, been funded by an external party and who, in return, seeks some other interest in the project. The University or the external party may require an assignment of a student's Intellectual Property rights to the University.

3.3 Agreements with third parties prevail over these general rules. The provisions of any contract or agreement in writing between the University and a third party govern ownership of all rights in Intellectual Property that arises out of or in connection with the project that is the subject of that agreement.

3.4 The Pro-Vice Chancellor (Research) will distribute the University's share on income arising from the exploitation of University Intellectual Property (after deducting the costs associated with commercial exploitation) as follows:

  1. 50% to the University Staff members involved in the creation of the Intellectual Property;
  2. 20% to the School or Division in which the University Staff involved in the creation of the Intellectual Property is deployed; and
  3. 30% to the University, to be used at the discretion of the Pro-Vice Chancellor (Research).

The Pro Vice-Chancellor (Research) may review the basis upon which the University's share of income from the commercial exploitation of University Intellectual Property is distributed in relation to a particular project, taking into account all the relevant circumstances.

4. Implementation

The Vice-Chancellor has responsibility for the implementation of the Intellectual Property Principle and the development of supporting plans, operational policies and procedures.

All members of the University community are responsible for ensuring that their activities in relation to Intellectual Property are consistent with this principle and related plans, policies and procedures.

 

Approved by Council on 8 April 2005