(1) This Policy presents the definitions, principles and practices for the ownership and management of IP by UOW. (2) This Policy applies to all staff, students and affiliates of the University. (3) The University operating under the University of Wollongong Act 1989 is committed to identifying, protecting, managing and developing intellectual property for the benefit of staff, students, affiliates, and the community. (4) The University is committed to engaging in the further development of IP by: (5) In accordance with the University’s commitment, this Policy and associated policies aim to facilitate: (6) This Policy and associated Policies aim to be consistent with the National Principles of Intellectual Property Management for Publicly Funded Research. (7) The University owns IP created by staff in the course of or incidental to their employment with UOW, or created using UOW resources, whether or not the staff member’s express duties include a duty to develop IP, including: (8) Staff own their Scholarly Material IP, Creative Material IP, and Teaching Material IP created in the course of their employment unless the University has specially commissioned the creation of the material, in which case, the University owns the IP. (9) The University owns IP created by affiliates in the course of their affiliation with UOW or created using UOW resources, including: (10) To give effect to clause 9, the University may request as a condition of an affiliate’s participation in any teaching, research, or other activity, that the affiliate (or the affiliate’s employer) enters into an agreement with the University addressing IP ownership, licensing and use terms prior to commencement of that affiliate’s participation. (11) Upon request by the University, affiliates will execute in a timely manner all agreements and documentation reasonably necessary to give effect to the IP ownership, licensing and use provisions of this Policy. (12) Affiliates own their Scholarly Material IP, Creative Material IP, and Teaching Material IP created in the course of their affiliation with the University unless the University has specially commissioned the creation of the material, in which case, the University owns the IP. (13) The University does not assert ownership over pre-existing IP. (14) Staff and affiliates who bring pre-existing IP to the University to be used in the course of their duties or otherwise, must comply with the notification and disclosure requirements set out in section 12. (15) Students own the IP created in their capacity as a student during the course of their enrolment at UOW except as otherwise provided in this Policy or specified in a separate agreement between the student and the University. (16) The University owns IP created by students when they participate in an activity that: (17) To give effect to clause 16, the University will request as a condition of a student’s participation in a relevant activity, or enrolment in a course of study, that the student assigns their IP rights to the University or agrees to other restrictions prior to commencement of the student’s participation or enrolment. (18) Where a student creates IP in their capacity as a staff member, section 4 of this Policy will apply to IP created by the student, in place of this section. (19) Where a student creates IP in their capacity as an affiliate, section 5 of this Policy will apply to IP created by the student in place of this section. (20) Despite clause 17, a student will retain ownership of the copyright subsisting in their thesis, and their Scholarly Material IP and Creative Material IP unless otherwise specified in a separate agreement between the student and the University. (21) Where a student is requested to enter into legal agreements under clause 17, the student’s supervisor or the person in charge of the activity or course of study will: (22) The University reserves the right to prevent a student from participating in an activity or course of study where the student chooses not to enter into required legal agreements under clause 17. The student and the student’s supervisor or the person in charge of the relevant activity or course of study will, without prejudice, attempt to develop an alternative activity or course of study for the Student. (23) A student who does not assign IP to the University upon request will, subject to clause 24, not be prejudiced in submitting a thesis for examination, and/or being able to complete the requirements for the award of a degree. (24) Confidentiality requirements may require UOW to: (25) The use, development and licensing of University owned IP for the purposes of consulting, commercial research and commercialisation is governed by the Commercial Research Policy. (26) Staff and affiliates grant to the university a non-exclusive, royalty-free, irrevocable, perpetual, worldwide licence to use, reproduce, adapt, communicate, broadcast, perform, disseminate, exploit, sub-license and modify their Teaching Material IP for the purposes of the University. This licence is subject to any restrictions on the use of third-party IP where UOW is notified in accordance with clause 40. (27) Staff and affiliates may request a non-exclusive, non-transferrable, revokable, royalty-free licence to use UOW-owned IP for their own research and teaching purposes after their employment or affiliation with the University has ended. (28) The University will make best efforts to grant a licence under clause 27 subject to any restrictions specified in agreements between the University and third parties. (29) The University respects and recognises the ICIP rights of Australia’s Aboriginal and Torres Strait Islander peoples and those of First Nations people throughout the world. (30) Staff, students, and affiliates will comply with ICIP laws, protocols, standards, policies, and guidelines. (31) Staff, students, and affiliates will respect Indigenous cultural protocols on sacred and secret knowledge. (32) Staff, students, and affiliates will follow consultation protocols and obtain consent from Relevant Indigenous Peoples prior to accessing, sampling, recording, or otherwise using ICIP. (33) The Univresity will take all reasonable steps to negotiate with Relevant Indigenous Peoples benefit sharing arrangements (monetary and non-monetary), IP ownership, and commercialisation rights for IP developed by the University and derived from ICIP. (34) The University (without limiting other rights UOW may have) has the right to: (35) The above rights are subject to the University’s obligations to staff, students or affiliates and other persons set out at law, in an agreement, or under this or any other University policies and procedures. (36) Staff, students or affiliates who are creators of University owned IP have the right to: (37) The University recognises creators’ Moral Rights in accordance with the Copyright Act 1968. (38) The University will use its reasonable efforts to respect and promote the moral rights of creators. (39) Staff, students or affiliates will notify the University in a timely manner where new IP or improvements to pre-existing IP are created and the University has: (40) Staff, students or affiliates will notify the University in a timely manner where IP sought to be used by the University is owned by third parties, either in full or in part. (41) Staff and affiliates will notify the University in a timely manner of any pre-existing IP being brought to UOW for use in teaching, research (including commercial research), scholarship, or commercialisation purposes, and in each case, the staff or affiliate will be required to provide evidence of the ownership or rights to use such IP. (42) Staff, students or affiliates must protect the University’s interests in relation to UOW-owned IP and will comply with University requirements for management of IP including: (43) Staff developing and improving IP will comply with the Records Management Policy for their record keeping of IP-related activities. (44) The University may offer its UOW-owned IP under a royalty-free licence to facilitate the usage and further development of the IP by industry and the community for economic and social good and to promote knowledge sharing and transfer, where such licence is permitted under any arrangements with third parties. (45) In providing IP under a royalty-free licence, the University recognises that: (46) In all cases where a royalty-free licence of UOW-owned IP is considered under clause 44, UOW will seek to negotiate the specific terms of the applicable licence with the expected licensee prior to any IP transfer. (47) The Executive Assistant to Deputy Vice-Chancellor (Research and Sustainable Futures) is responsible for providing direction on the application of this Policy in relation to research activities. (48) The Deputy Vice-Chancellor and Vice-President (Academic and Student Life) and Senior Deputy Vice-Chancellor (Innovation, Enterprise and External Relations) are responsible for providing direction on the application of this Policy in relation to teaching activities. (49) Executive Deans, Executive Directors, and Associate Deans are responsible for supporting the application of this Policy in relation to the consulting, commercial research, and commercialisation activities within their Faculty or Institute. (50) The Research and Sustainable Futures communicates, implements, and supports the application of this Policy within the University in conjunction with Faculties and other support units. (51) The Innovation and Commercial Research Unit Manages all IP arising from research activities that has strategic or commercial value to UOW. (52) Staff, Student, and Affiliates are responsible for understanding and applying this Policy to their activities under which IP may be created. (53) This Policy may be amended at any time in accordance with the Policy Management Policy. In each case: (54) Any person who has concerns about the manner in which this Policy is interpreted or applied must notify and provide all relevant details to: (55) After notification of a dispute, UOW may retain an appropriate adviser or direct the dispute to appropriate areas of the University to better inform itself about the dispute and its subject matter. (56) The Innovation and Commercial Research Unit or Complaints Management Centre will attempt to resolve the dispute through informal mechanisms or alternative dispute resolution, including but not limited to mediation. (57) If the matter remains unresolved after informal mechanisms or alternative dispute resolution has been attempted, the Senior Manager, complaints will refer the matter to the Deputy Vice-Chancellor (Research and Sustainable Futures) or Deputy Vice-Chancellor and Vice-President (Academic and Student Life) or Senior Deputy Vice-Chancellor, as appropriate to the context of the dispute. (58) The Deputy Vice-Chancellor (Research and Sustainable Futures) or Deputy Vice-Chancellor and Vice-President (Academic and Student Life) or Senior Deputy Vice-Chancellor, as appropriate, may, by negotiation with the other party or parties in dispute, appoint an appropriate independent expert to determine the dispute. Following receipt of the expert assessment, the Deputy Vice-Chancellor (Research and Sustainable Futures) or Deputy Vice-Chancellor and Vice-President (Academic and Student Life) or Senior Deputy Vice-Chancellor, as appropriate, will communicate the outcome to all affected parties, (59) If any party involved in a dispute is dissatisfied with the outcome, the person may advise the Vice-Chancellor and President in writing. The final response of the Vice-Chancellor and President to the written notice of dispute will conclude the matter. (60) Any breach of this Policy by staff member may be considered a breach of the University Code of Conduct and may be subject to disciplinary action in accordance with UOW’s processes for addressing staff conduct issues, including the relevant Enterprise Agreement. (61) Any breach of the Policy by a student may be considered a breach of the Student Conduct Rules and may be subject to disciplinary action.IP Intellectual Property Policy
Section 1 - Purpose of Policy
Section 2 - Application and Scope
Section 3 - Policy Principles
Section 4 - IP Created by Staff
Section 5 - IP Created by Affiliates
Section 6 - Staff and Affiliates Bringing Pre-existing IP to UOW
Section 7 - IP Created by Students
Top of PageSection 8 - IP Licensing and Usage
Section 9 - Indigenous Cultural and Intellectual Property
Section 10 - Rights
Top of PageSection 11 - Moral Rights
Section 12 - Notification and Protection
Section 13 - Open Access IP
Section 14 - Roles and Responsibilities
Section 15 - Amendment
Top of PageSection 16 - Disputes
Section 17 - Breaches of Policy
Section 18 - Definitions
Word/Term
Definition (with examples if required)
AffiliatesIncludes people holding University of Wollongong Honorary Awards as conferred by the University Council, including awards of Emeritus Professor, Honorary Doctor and University Fellow; people appointed in accordance with the University’s Appointment of Visiting and Honorary Academics Policy; people engaged by the University as agency staff, contractors, volunteers, visiting students, and work experience students.
Administration materialIncludes documentation, materials, processes, software developed for the purposes of UOW administration, including policies, procedures, guidelines, business plans and processes, legal documents, funding applications, reports, promotional and marketing materials, subject outlines, course outlines, course descriptions, and course handbook content.
Assessment materialIncludes assessment task descriptions, test scripts, quizzes, assessment marking criteria, assessment rubrics, student assessment work including exam answer papers that are developed for the purposes of planning, execution and marking of graded activity to foster learning and help staff and students to gauge levels of achievement.
Commercial researchResearch conducted under commercial agreements with other organisations such as government departments and agencies, non-government organisations, industry, and as a part of the University’s participation in other research centres (e.g. Cooperative Research Centres).
It does not include research conducted under Australian and International competitive grants schemes including Australian Research Council, National Health and Medical Research Council, grants registered on the Australian Competitive Grants Register or other grant schemes.
Creative material IP
Original copyright material that is artistic in character, including paintings, sculptures, manuscripts, prose works (fiction and non-fiction), poetry, music, films, photographs, sound recordings, broadcasts, and dramatic works.
Creators
Persons who produce, invent, design, enhance, generate, discover, make, originate or otherwise bring into existence Intellectual Property.
Indigenous Cultural and Intellectual Property (ICIP)
Indigenous peoples’ tangible and intangible cultural heritage as reflected in article 31 of the United Nations Declaration of the Rights of Indigenous Peoples. It includes: Indigenous Cultural Expression; Indigenous Biological Resources; and Indigenous Knowledge.
Indigenous cultural expression
Tangible and intangible forms in which Indigenous knowledge and cultures are expressed, communicated or manifested. This includes but is not limited to: languages; art; stories; photographs, paintings, music, oral histories, games and films that express the collective heritage of the Indigenous clan or community from which it comes.
Indigenous biological resources
Genetic resources, organisms, flora, fauna, and seeds used and nurtured by Indigenous people throughout the generations.
Indigenous Knowledge
Understandings, beliefs, and traditions that have been transmitted from generation to generation and has cultural connections to the Indigenous community from which it came.
Includes knowledge held by Indigenous people about how to cultivate biological resources, control populations, or otherwise engage in environmental management.
Intellectual Property (IP)The property of the mind or proprietary knowledge, i.e. productive new ideas. This includes know how, registered and unregistered trade marks, copyright, patents, trade/business or company names, registered and registrable design rights, plant breeder’s rights, circuit layouts and trade secrets, and all other intellectual property as defined by Article 2 of the Convention Establishing the World Intellectual Property Organisation, July 1967.
Moral rightsHas the meaning given in the Copyright Act 1968. An author’s right to: be identified as the author of a work; act against false attribution; object to derogatory treatment of their work.
Relevant Indigenous PeoplesAustralia’s Aboriginal and Torres Strait Islander people and in other countries the First Nation people, who are the custodians or who have authority to provide Free, Prior, Informed Consent for the use of ICIP and/or can negotiate IP ownership and benefit sharing arrangements.
“Relevant” in this definition requires recognition and identification of the appropriate Indigenous Authority, being the decision-maker or decision-making entity that has cultural authority for the use or treatment of specific ICIP or IP. This may involve consultation with the local Aboriginal Land Council and/or individual Indigenous Knowledge holders, Indigenous organisations, Elders groups, and Traditional Owners groups.
Scholarly Material IPThe copyright in any material intended for academic publication produced by Staff, Students, and Affiliates based on their scholarship, learning or research, but does not include work that is a computer program.
Staff
All persons employed by the University including conjoint appointments, whether on continuing, permanent, fixed term, casual or cadet or traineeship basis.
Student
A person registered for a course at the University of Wollongong.
Teaching Material IPThe IP in all material created by Staff members and Affiliates and used in teaching at UOW, whether the Staff member or Affiliate created such material before, during or outside of their UOW employment or affiliation. Examples include:
University (UOW)
University of Wollongong
UOW resourcesIncludes UOW IP, laboratories, facilities that UOW owns or has right of access to, funds, services, equipment, computer laboratories, media equipment, consumables, chemicals, staff time and other University provided services.
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