Research and Innovation Services Partner with us Intellectual Property Students and Intellectual Property
Students and Intellectual Property
- Future Students
- ÆßÐDzʿª½±ÀúÊ· Global Experience
- International Students
- Open Day
- How to apply
- Pathways to university
- Virtual Open Day
- Living on Campus
- Courses
- Publications
- Scholarships
- Parents and Partners
- ÆßÐDzʿª½±ÀúÊ· Heroes Programs
- Aboriginal and Torres Strait Islander in Marine Science
- Elite Athletes
- Defence
- AI@ÆßÐDzʿª½±ÀúÊ·
- Current Students
- New students
- ÆßÐDzʿª½±ÀúÊ· Orientation
- LearnÆßÐDzʿª½±ÀúÊ·
- Placements
- CEE
- Unicare Centre and Unicampus Kids
- Graduation
- Off-Campus Students
- ÆßÐDzʿª½±ÀúÊ· Job Ready
- Safety and Wellbeing
- ÆßÐDzʿª½±ÀúÊ· Prizes
- Professional Experience Placement
- Employability Edge
- Art of Academic Writing
- Art of Academic Editing
- Careers and Employability
- Student Equity and Wellbeing
- Career Ready Plan
- Careers at ÆßÐDzʿª½±ÀúÊ·
- Partners and Community
- ÆßÐDzʿª½±ÀúÊ·-CSIRO Partnership
- Alumni
- About ÆßÐDzʿª½±ÀúÊ·
- Reputation and Experience
- Chancellery
- Governance
- Celebrating 50 Years
- Academy
- Indigenous Engagement
- Education Division
- Graduate Research School
- Research and Teaching
- Research Division
-
Research and Innovation Services
- About Research and Innovation Services
- Partner with us
- Innovate with us
- Research Grants, Tenders and Funding
- Ethics and Research Integrity
- Research Contracts
- Discover our Research and Testing Facilities
- ÆßÐDzʿª½±ÀúÊ· Ideas Lab
- Contact Research and Innovation Services
- FAQs and Fact Sheets
- GECO
- CASE
- College of Business, Law and Governance
- College of Healthcare Sciences
- College of Medicine and Dentistry
- College of Science and Engineering
- CPHMVS
- Anthropological Laboratory for Tropical Audiovisual Research (ALTAR)
- Anton Breinl Research Centre
- Agriculture Technology and Adoption Centre (AgTAC)
- Advanced Analytical Centre
- AMHHEC
- Aquaculture Solutions
- AusAsian Mental Health Research Group
- ARCSTA
- Area 61
- Lions Marine Research Trust
- Australian Tropical Herbarium
- Australian Quantum & Classical Transport Physics Group
- Boating and Diving
- Clinical Psychedelic Research Lab
- Centre for Tropical Biosecurity
- Centre for Tropical Bioinformatics and Molecular Biology
- CITBA
- CMT
- Centre for Disaster Solutions
- CSTFA
- Cyclone Testing Station
- The Centre for Disaster Studies
- Daintree Rainforest Observatory
- ÆßÐDzʿª½±ÀúÊ· Eduquarium
- ÆßÐDzʿª½±ÀúÊ· Turtle Health Research
- Language and Culture Research Centre
- MARF
- Orpheus
- TESS
- ÆßÐDzʿª½±ÀúÊ· Ideas Lab
- TARL
- eResearch
- Indigenous Education and Research Centre
- Estate
- Work Health and Safety
- Staff
- Discover Nature at ÆßÐDzʿª½±ÀúÊ·
- Cyber Security Hub
- Association of Australian University Secretaries
- Services and Resources Division
- Environmental Research Complex [ERC]
- Foundation for Australian Literary Studies
- Gender Equity Action and Research
- Give to ÆßÐDzʿª½±ÀúÊ·
- Indigenous Legal Needs Project
- Inherent Requirements
- IsoTropics Geochemistry Lab
- IT Services
- ÆßÐDzʿª½±ÀúÊ· Webinars
- ÆßÐDzʿª½±ÀúÊ· Events
- ÆßÐDzʿª½±ÀúÊ· Motorsports
- ÆßÐDzʿª½±ÀúÊ· Sport
- Library
- Mabo Decision: 30 years on
- Marine Geophysics Laboratory
- Office of the Vice Chancellor and President
- Outstanding Alumni
- Pharmacy Full Scope
- Planning for your future
- Policy
- PAHL
- Queensland Research Centre for Peripheral Vascular Disease
- Rapid Assessment Unit
- RDIM
- Researcher Development Portal
- Roderick Centre for Australian Literature and Creative Writing
- Contextual Science for Tropical Coastal Ecosystems
- State of the Tropics
- Strategic Procurement
- Student profiles
- SWIRLnet
- TREAD
- TropEco for Staff and Students
- TQ Maths Hub
- TUDLab
- VAVS Home
- WHOCC for Vector-borne & NTDs
- Media
- Copyright and Terms of Use
- Australian Institute of Tropical Health & Medicine
- Pay review
Ownership and Assignment
Students, not being employees of ÆßÐDzʿª½±ÀúÊ·, own any intellectual property that they generate during their studies (refer provision 4 of the Intellectual Property Policy). There are two situations where a student may be required to assign their intellectual property rights in the results of their research to ÆßÐDzʿª½±ÀúÊ·:
-
where a research project is funded by a third party (eg. an industry partner) and the terms of the project agreement require the assignment of IP (eg. to permit the industry partner to have unfettered access to and use of some of the project outcomes);
-
where the student is researching as part of a team of staff and/or students, there is the potential for commercialisation, and it is desirable to have single-point ownership and equitable treatment of project participants.
In the first situation, the agreement that is reached between ÆßÐDzʿª½±ÀúÊ· and the third party must be supplemented by an agreement between ÆßÐDzʿª½±ÀúÊ· and the student that mirrors the provisions of the head agreement, in order that the student’s activities are brought within its scope.
In either case, the student will standardly be required to agree to terms in three areas:
-
to assign their intellectual property rights in the project outcomes to ÆßÐDzʿª½±ÀúÊ·,
-
to keep confidential any confidential information to which the student is exposed during the course of the project, and
-
to restrict their capacity to make publications on the basis of the project outcomes.
A third-party agreement may require just some of these – eg. a research project may consist of collaboration with an indigenous community where although ÆßÐDzʿª½±ÀúÊ· owns the copyright in a final report, there may be restrictions on the researcher’s capacity to publish the report, or the contents of the report may be subject to vetting.
Students on CRC Scholarships or who are participating in CRC projects are standardly required to agree to these terms, either with ÆßÐDzʿª½±ÀúÊ· or the CRC.
Thesis Copyright
ÆßÐDzʿª½±ÀúÊ· must, however, ensure that any agreement with a third party does not affect the student’s ownership copyright in the student’s thesis.
However ÆßÐDzʿª½±ÀúÊ· may agree that in compelling circumstances –where publication of the thesis puts commercialisation of research outcomes at risk – the thesis is to be examined under conditions of confidence and kept in restricted access in the ÆßÐDzʿª½±ÀúÊ· library for a period not normally exceeding 18 months. This period allows for patenting of the results, and should terminate once a patent application is lodged.
Commercialisation
In the event that there is a commercial outcome from research in which the student has participated the student benefits on an equal footing with staff members [IP Policy, s8]. To ensure that students are treated equitably, the following process applies:
-
the researchers must determine how their share of the returns is to be divided among them and inform the Senior Deputy Vice-Chancellor of their decision, and
-
where a student is involved, that decision is subject to the approval of the Senior Deputy Vice-Chancellor.