(1) To promote the advancement and transmission of knowledge generated in connection with teaching or research within the University, this document describes the Charles Sturt University (the University) policy relating to ownership, management, development and utilisation of intellectual property (IP) created by staff and students of, and visitors to the University. (2) This policy also sets out the obligations for the use of third-party IP by the staff and students of, and visitors to, the University. (3) This policy applies to all staff, all students, and all visitors to the University, and whether employed, enrolled, or engaged in any role or activity in association with the University. (4) Utilisation of University intellectual property (IP) is guided by the following principles: (5) This policy is to be read in conjunction with the University's: (6) In the event that there is any real or apparent lack of clarity, or conflict between any part of this policy and any other policy, code, or other rule then the matter shall be determined by the Deputy Vice-Chancellor (Research). (7) The University owns all intellectual property (IP) created by staff, including emeritus and adjunct appointees: (8) The University encourages staff to publish the scholarly works which they have created, even when the University owns the IP in the scholarly works, except where this is not possible due to legal obligations, such as contractual or confidential information restrictions binding staff or the University. Staff are responsible for ensuring they have obtained all necessary rights and permissions before publishing scholarly works, and must ensure that the publication of any scholarly work does not limit the University’s rights in the scholarly work, unless the University has agreed otherwise in writing. (9) IP created in a Voluntary context by a member of staff becomes the property of the member of staff when it is created, unless agreed otherwise with the University. If a member of staff is also a student, IP created by that staff member solely in the course of studying at the University becomes owned as described below (see the ‘Intellectual property created by students’ heading). (10) If IP created by staff and owned by the University is utilised and, in the opinion of the University acting reasonably, generates a substantive financial return for the University, the University will share that return as described below (see the ‘Sharing benefits with staff and students’ heading). (11) Staff must complete such documents as the University reasonably requires to enable the assignment of ownership of IP in the University as described in this policy. (12) Staff must not act on behalf of themselves or falsely appear to act on behalf of the University in dealing with IP owned by the University or a University partner under an arrangement with the University, particularly in relation to decisions to protect or utilise, except under the University's Delegations and Authorisations Policy. (13) If staff become aware that any University IP is likely to be of significant value for utilisation or present legal, commercial or reputational risk to the University (e.g. research outputs which require regulatory approvals), they must notify the Deputy Vice-Chancellor (Research) as soon as practicable. (14) The University does not normally assert ownership of IP created by students. No student will be required to assign their IP to the University in order to qualify for admission to or to complete the assessment requirements of a course in which the student has been admitted, unless it is a requirement of a third party. (15) The University may require assignment of IP owned by a student if the student created the IP: (16) The University may, at any time, require a student participating in a research activity or other project to assign IP to the University. The Student Intellectual Property Procedure [in development] outlines scenarios where assignment of student IP may be required for a student to work on a University project or internship. (17) Where a student assigns IP to the University and the IP is utilised by the University or a third party, the student will be deemed a creator for the purposes of this policy. (18) If IP created by students and owned by the University is utilised and, in the opinion of the University acting reasonably, generates substantive financial return for the University, the University will share that return as described below (see the ‘Sharing benefits with staff and students’ heading). (19) Students must not act on behalf of themselves or falsely appear to act on behalf of the University in dealing with IP owned by the University or a University partner under an arrangement with the University, particularly in relation to decisions to protect or utilise. (20) If students become aware that any University IP is likely to be of significant value for utilisation or present legal, commercial or reputational risk (e.g. research outputs which require regulatory approvals), they must notify the Deputy Vice-Chancellor (Research) as soon as practicable. (21) The University does not, as a matter of course, assert ownership of IP created by visitors (including visiting fellows and other visiting appointments). However, where the visitor is working as part of a project or research activity, in particular where the activity is externally funded, the University may require the visitor to agree to an IP arrangement in line with project requirements in order to become involved, or continue involvement in, the activity. (22) If visitors become aware that any University IP is likely to be of significant value for utilisation or present legal, commercial or reputational risk (e.g. research outputs which require regulatory approvals), they must notify the Deputy Vice-Chancellor (Research) as soon as practicable. (23) The University’s objective is to expand its involvement, and that of staff and students, in research activities and projects with external partners. Therefore, the University actively encourages staff and students to pursue teaching, learning, research and collaboration opportunities that may result in IP which can be utilised for the benefit of the University, staff, students, industry and society. Research must be consistent with the National principles of Intellectual Property management for publicly funded research. (24) The University may allow external partners, such as industry or government bodies or research institutions, to own IP created as part of a research activity or other project undertaken with those partners, provided that: (25) If the University agrees not to own IP created as part of a research activity or other project, the University will generally require access to use that IP for research and/or teaching purposes. (26) The University will recognise the contributions of originating staff and students when utilising IP owned by the University. (27) The primary purpose of utilisation of University IP will not necessarily be to generate financial return, but when substantial financial return from utilisation of IP is generated, it will distribute the net revenue to the originator (staff and/or students) and the University in general proportion to their respective contributions, subject to: (28) The University’s decision regarding respective contributions will be made in good faith and in consultation with all originators known to the University. (29) The University is not liable to pay any originator for any IP creation other than as set out in this policy, as required by law or as agreed in writing. (30) The University recognises that it may not always be best placed to utilise University IP. The University welcomes proposals, suggestions and enquiries from staff, students, visitors and other potential partners regarding utilising such IP in a manner which is consistent with this policy. Enquiries should be directed to the Pro Vice-Chancellor (Research and Innovation). The University will endeavour to make utilisation decisions promptly. (31) Part of maximising the potential for utilisation involves minimising legal, commercial and reputational risk. Staff, students and visitors must take appropriate steps to ensure that IP owned by the University, or a University partner under an arrangement with the University, is managed in a manner that protects the interests of the University and its partner, including in regard to possible utilisation. (32) No staff, students or visitors may disclose confidential information in relation to any IP owned by the University or a University partner under an arrangement with the University without explicit authorisation as set out in the Delegations and Authorisations Policy and relevant delegation schedule. Any such disclosure must be authorised by the University. (33) The University recognises its obligations in respect of the moral rights of the originators of works in accordance with the Copyright Act 1968. (34) The University expects staff, students and visitors to comply with the Copyright Act 1968 in recognising the moral rights of the originators of works that are used in University activities, projects and courses. (35) The University expects University partners and other third parties to respect the moral rights of University staff and students, particularly in regard to attributing authorship of research outputs and published materials created by University staff and students, in accordance with the Copyright Act 1968. (36) First Nations peoples are the Indigenous people of Australia – Aboriginal and Torres Strait Islander peoples. The University recognises that First Nations peoples are the owners of Indigenous cultural and intellectual property (ICIP) including Indigenous knowledge, ideas, cultural expressions and cultural materials and that this is living heritage. The University respects ICIP rights and expects staff, students and visitors to respect ICIP rights in relation to University activities, projects and courses. (37) The University will comply with legislation, national and international laws, ethics, standards and protocols and prevailing guidelines of appropriate conduct concerning the use of First Nations cultural heritage, traditional knowledge and cultural expressions, including the AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research and the Australia Council for the Arts’ First Nations Cultural and Intellectual Property Protocols. (38) Students, staff and visitors must attribute First Nations people for the use of their ICIP. (39) Students, staff and visitors must obtain the free, prior, informed consent (FPIC) of relevant Indigenous peoples and organisations for the use of ICIP. This should include clear documentation to ensure all rights to ICIP are negotiated including benefit sharing. (40) Any disputes about ICIP should be managed respectfully and in culturally appropriate ways, under the guidance of the Office of First Nations Engagement. (41) The University recognises the rights of other IP owners external to the University. The University respects the IP rights of others, in accordance with applicable laws. (42) All staff, students and visitors must take appropriate steps to minimise the risk of breaching the IP rights of others in relation to University activities, including by: (43) Any queries or disputes in relation to this policy or its interpretation will be determined by the Deputy Vice-Chancellor (Research). (44) Where a person wishes to appeal a decision made under this policy, or has a complaint about their treatment, quality of service or the conduct of University staff, the following policies apply: (45) Nothing in this policy limits or affects the University's right to take legal or other action it considers appropriate in the circumstances, in relation to IP. (46) Nil. (47) Nil. (48) For the purpose of this policy:Intellectual Property Policy
Section 1 - Purpose
Scope
Top of PageSection 2 - Policy
Principles
Related documents
Ownership of intellectual property
Intellectual property created by staff
Intellectual property created by students
Intellectual property created by visitors
Intellectual property created as part of a research activity or other project
Sharing benefits with staff and students
Maximising utilisation potential
Respecting moral rights
Respecting Indigenous cultural and intellectual property
Respecting the rights of other intellectual property owners
Dispute resolution
Section 3 - Procedures
Section 4 - Guidelines
Section 5 - Glossary
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Confidential information does not include information that is public domain, or that is independently known or developed by the person receiving the information, other than as a result of a breach of any obligation of confidentiality owed by or to any other person.