Intellectual Property Policy

Intent

James Cook University (JCU; the University) seeks to foster a culture where research, teaching, commercialisation and entrepreneurial pathways are encouraged and supported to benefit the University and the broader community. The University is committed to good practice in the identification, protection, management and commercialisation of the intellectual property (IP) created by its staff and students. This Policy establishes the principles of management, ownership and commercialisation of IP for the University.

This Policy addresses Higher Education Standards Framework (HESF) Standards 4.1: Research, and 7.2: Information for Prospective and Current Students.

Scope

This Policy applies to all University Staff Members, Students (including Higher Degree by Research (HDR) candidates and pathway students) and Honorary Appointments.

Definitions

Policy

1. Ownership of Intellectual Property: Staff and Honorary Appointees

The University asserts ownership of all IP developed, created, authored, contributed to or otherwise brought into existence by Staff and Honorary Appointees in the course of carrying out their employment or appointment activities, unless otherwise agreed in writing by the Deputy Vice Chancellor, Research (DVC R) or stated in this policy.

2. Teaching materials

Without limiting clause 1 above, the University asserts ownership over all IP in teaching materials developed, created, authored, contributed to or otherwise brought into existence by a Staff Member or Honorary Appointee. Where the teaching materials may be considered both teaching materials and a Scholarly or Creative Work, it will be treated under this policy as teaching materials.

The Originator/s of the teaching materials may not use the teaching materials to directly compete with JCU or for any commercial purposes or Commercialisation activities and may not sublicense the use of the teaching materials to others to generate royalties, license fees or to conduct Commercialisation activities.

3. Scholarly or Creative Works

The University does not assert ownership of IP in Scholarly or Creative Works developed, created, authored, contributed to or otherwise brought into existence (whether in written or any other form) by Staff Members or Honorary Appointees except where the work is Specifically Commissioned.

Unless there is a specific written agreement to the contrary (for example, a contract with a book publisher), the Originator/s grant the University a perpetual, irrevocable, royalty-free, unrestricted non-exclusive licence (including the right to sub-license without consent) to use, communicate, reproduce, publish, adapt and modify the Scholarly or Creative Works for teaching, educational and research purposes.

4. Ownership of Intellectual Property: Visiting Scholars

The University does not assert ownership of IP created by a Visiting Scholar, however, IP arrangements may be necessary between the University and the affiliated institution of the Visiting Scholar where activities include (but are not limited to):

• part of a research project or research activity that is externally funded through JCU;
• IP with commercial potential that was developed, created, authored, contributed to or otherwise brought into existence during their time as Visiting Scholar at JCU; and
• in teaching resources that the Scholar created using University resources during their time as Visiting Scholar at JCU.

Any IP disclosures will be managed in accordance with the Intellectual Property Procedure, including disclosure of Background IP of the Visiting Scholar necessary to conduct the activities at the University.

5. Ownership of Intellectual Property: Students

The University asserts ownership of all IP developed, created, authored, contributed to or otherwise brought into existence by Students, including HDR candidates during their enrolment unless otherwise agreed in writing by the DVC R or stated in this policy.

5.1 Higher Degree by Research (HDR) Candidates

The assignment by HDR candidates to the University of any IP that may be developed, created, authored, contributed to or otherwise brought into existence by the HDR candidates during their candidacy at the Universityis a requirement of admission to the HDR program. This assignment grants HDR candidates the same opportunities, rights and responsibilities as Staff Members in relation to the Commercialisation and protection of any IP they have developed, created, authored, contributed to or otherwise brought into existence.

Involvement of third-party ownership of HDR candidate created IP will not preclude the requirement of HDR candidates to assign IP to the University. In these instances, the University will negotiate ownership of IP with the relevant third-parties.

HDR candidates retain ownership of copyright to their theses. In addition to the assignment of IP to the University, HDR candidates are required to grant to the University a perpetual irrevocable, royalty-free non-exclusive, world-wide licence (including the right to sublicence without consent) to use, communicate, reproduce, publish, adapt and modify their thesis for non-commercial educational, teaching and research purposes.

5.2 Students other than HDR Candidates

The University does not assert ownership of IP developed, created, authored, contributed to or otherwise brought into existence by Students other than HDR candidates during their enrolment at the University. It is accepted that some Students (in particular, Honours Students or postgraduate coursework Students with a research component) may collaborate with external entities on research projects require confidentiality or IP assignments to be completed before work is commenced.

If there is the potential for IP to be created, those Students must assign the IP that the Student/s may develop, create, author or contribute to or otherwise bring into existence to the University before project commencement. If the project does result in the creation of IP, Students other than HDR candidates will be granted the same opportunities, rights and responsibilities as Staff Members in relation to the Commercialisation and protection of any IP they have developed, created, authored, contributed to or otherwise brought into existence.

5.3 Students who are also Staff Members

Except as otherwise agreed in writing by the Deputy Vice Chancellor Research or as stated in this policy, the University asserts ownership of IP developed, created, authored, contributed to or otherwise brought into existence by Students who are also Staff Members where the IP has been developed, created, authored, contributed to or otherwise brought into existence as a direct result of the performance of their employment duties.

5.4 Student research at other Institutions

Where Students are involved in research conducted at other institutions (affiliated or independent of JCU) and where JCU does not assert ownership of IP developed, created, authored, contributed to or otherwise brought into existence by the Students, agreement in writing may be executed between the Student and the other institution regarding the rights of Student IP.

6. Supervisors

Supervisors of Students other than HDR candidates whose research activities are covered by agreements between the University and external entities must consider whether it is necessary that a confidentiality agreement and IP assignment are completed between the University and the Student before the work is commenced.

7. Indigenous Cultural Intellectual Property

The University recognises the cultural rights and protocols of Indigenous peoples to their heritage. The University recognises and supports the rights of Indigenous peoples to control, own, maintain, protect and develop their Indigenous Cultural Intellectual Property (ICIP) in accordance with Article 31 of the United Nations Declaration on the Rights of Indigenous People.

The University will be guided by the Principles of the Australian Institute of Aboriginal and Torres Strait Islander Studies Guidelines for Ethical Research in Australian Indigenous Studies in respecting Aboriginal and Torres Strait Islander peoples’ rights to control their ICIP.

8. Ownership of Background Intellectual Property

The University does not assert ownership over Background IP.

9. Ownership of Intellectual Property: Third-Party Agreements

The University may enter into agreements with external entities which govern the ownership and Commercialisation of IP developed, created, authored, contributed to or otherwise brought into existence by University Staff, Students and Honorary Appointees. These agreements may require confidentiality agreements, assignment of IP, and consents by authors to the infringement of Moral Rights.

Contractual arrangements must consider the appropriate interest and protections for IP.

10. Assignments of Intellectual Property

Originator/s who are Staff Members and Honorary Appointees must action in a timely manner all deeds of assignment and other documentation necessary to execute effect of the IP ownership to the University.

The University may assign its rights and IP owned by the University to third-parties.

11. Dealings by Staff, Students and Honorary Appointees

No Staff Member, Student or Honorary Appointee may act on behalf of the University, or act in their own name, to assign, license, protect or otherwise deal with IP which is the property of the University unless specifically authorised.

12. Commercialisation of Intellectual Property owned by the University

Where a University Staff Member, Student or Honorary Appointee develops IP over which the University asserts ownership under this Policy or which is assigned to the University, they must follow the Intellectual Property Procedure. The evaluation of disclosures of IP for potential Commercialisation pathways will be conducted in compliance with the Intellectual Property Procedure.

13. Distribution of Net Revenue from Returns from Commercialisation

The Net Revenue from IP Commercialisation will be distributed among the Originator/s and the University. The Intellectual Property Procedure must be followed for calculation of Net Revenue and disbursement to the Originator/s and the University.

14. Moral Rights

The University recognises the Moral Rights of Originator/s in accordance with the Copyright Act 1968 (Cth). Where an Originator agrees to be involved in research activities as part of a project between the University and an external entity, the Originator may be required to provide a written consent to infringement of their Moral Rights in relation to certain works that may be created during the project prior to work commencing work on the project.

15. Transition of existing arrangement

This policy and associated procedures do not override existing agreements relating to IP and disbursement of Net Revenue executed prior to the implementation date of this policy. Existing agreements will continue per the agreed terms until the expiration or termination of the respective agreement.

Related policy instruments

Intellectual Property Procedure

Staff Code of Conduct

Student Code of Conduct

Research Code for the Responsible Conduct of Research

Disclosure of Interest and Management of Conflicts of Interest Procedure

Conflict of Interest Procedure

Copyright Policy

Schedules/Appendices

New Intellectual Property (IP) Disclosure Form

Background Intellectual Property (IP) Disclosure Form

Related documents and legislation

National Principles of Intellectual Property Management for Publicly Funded Research

Higher Education Research Commercialisation Intellectual Property (IP) Framework

Administration

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History