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Intellectual Property (Staff) policy

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Section 1 - Preamble

(1) This Policy was approved by the Vice-Chancellor on 30 May 2012.

Governing Legislation

  1. Statute 9.1 - Intellectual Property
  2. Regulation 9.1(1) - Intellectual Property
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Section 2 - Purpose

(2) This Policy governs the development and commercialisation of Intellectual Property.

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Section 3 - Scope

(3) This Policy applies to all staff and Honorary staff of Deakin University.

(4) The Intellectual Property procedure documents how to comply with this Policy.

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Section 4 - Policy

Responsibilities

(5) All staff are required to disclose all Intellectual Property created in the course of their employment at Deakin University.

(6) Staff, who wish to use any Intellectual Property in the course of their employment at Deakin University that was created prior to their employment at Deakin University or outside the scope of their employment at Deakin University, are required to disclose that Intellectual Property to their supervisor and any encumbrances on that Intellectual Property, prior to using it.

(7) All research staff who may create patentable inventions are required to maintain a written laboratory note book and to make disclosures in accordance with the Intellectual Property procedure.

(8) All Deakin University line managers must ensure that issues regarding the creation, development and exploitation of Intellectual Property are addressed (where relevant) throughout the performance planning and review cycle.

(9) A staff member who ceases employment with Deakin University is not entitled to use or transfer any Intellectual Property created in the course of employment without the express permission of Deakin University.

Support provided by Deakin University

(10) Deakin University will assist staff members in identifying and, where appropriate, commercialising Intellectual Property by providing Intellectual Property management advice through Deakin Research Commercial.

Distribution of revenues from commercialisation

(11) Revenues due to Deakin University from the licensing or assignment or other forms of commercialisation of Intellectual Property will be shared between Deakin Inventors and Deakin University.

(12) Further research, development and demonstration income will not be considered commercialisation revenue for the purposes of this Policy.

(13) The revenue available for distribution will be net revenue after the costs of Intellectual Property protection, commercialisation, marketing and other reasonable expenses incurred by Deakin University are deducted.

(14) Net commercialisation revenue will be distributed according to the following formula:

  1. Deakin Inventors 50%
  2. Deakin University 50%.

(15) Staff members may elect to receive any revenue partially or wholly as personal income and/or research funds. Personal income will normally be treated as assessable income for taxation purposes and creators should seek independent financial advice as to the tax implications of such a decision. Revenue allocations will continue after the staff member has ceased employment with Deakin University.

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Section 5 - Procedure

(16) Refer to the Intellectual Property procedure.

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Section 6 - Definitions

(17) There are no definitions arising under this Policy.