4.18 Intellectual Property

4.18 Intellectual Property


4.18.1 For the purposes of this Agreement:

(a) Scholarly Work means any article, book, manual, musical composition, creative writing or like publication or any digital or electronic version of these written by a Staff Member (whether alone or otherwise) based on the Staff Member's (or other person's) scholarship, learning or research, but does not include work that is a computer program, Teaching Material or administrative material;

(b) Teaching Materials are all versions of materials created or used in the course of or for the purposes of teaching and education at the University in any form or medium; and

(c) Intellectual Property has the meaning assigned to it in the University's Intellectual Property Policy.

Ownership and Development of Intellectual Property

4.18.2 Unless otherwise stated in this clause 4.18, the University owns all Intellectual Property developed by a Staff Member during or arising out of their employment with the University or in respect of which the University has contributed other University-owned Intellectual Property resources or facilities or has made a specific contribution of funding other than salary payable under this Agreement.

Research and Scholarship

4.18.3 The University will permit publication of the results of University research and scholarship by its Staff except to the extent the University needs to protect its Intellectual Property and encourage its commercial development and application, in accordance with this clause 4.18 and the University's policy in relation to Intellectual Property from time to time.

Copyright of Scholarly Work

4.19.4 Copyright in the Scholarly Works of a Staff Member is owned by the Staff Member except:

(a) where these works have been specifically commissioned by the University, including work commissioned as a result of contractual arrangements between the University and third parties in which case the University owns copyright (subject to any contractual arrangements with those third parties); or

(b) if the University, at its discretion, assists with the publication or other commercial development of Scholarly Work of a Staff Member of the University in the course of their employment.

Licence to use Scholarly Work

4.18.5 The Staff Member grants the University an irrevocable, non-exclusive worldwide, royalty-free licence to use and develop for educational purposes the Staff Member's Scholarly Work, in any form or medium it thinks fit (including sublicensing). If the University exercises its rights under this clause, then the Staff Member is entitled to a share in any commercial benefit as provided in subclause 4.18.9.

Procedure for Disclosure of Intellectual Property

4.18.6 If a Staff Member has developed an invention, design, plant variety, trade mark, computer program or other Intellectual Property right that can be patented or registered, they must complete an Invention Disclosure Form and submit it to the University, so as to advise the University in writing of the nature of the research and Intellectual Property, the people who helped and any other matters reasonably required by the University.

Non-Disclosure of Intellectual Property

4.18.7 A Staff Member must not disclose or publish details of any Intellectual Property that has been or should be disclosed pursuant to subclause 4.18.6 until the procedures in this clause and the University's requirements in relation to Intellectual Property from time to time have been followed.

Distribution of Income of Scholarly Work

4.18.8 If a Staff Member requires the University's assistance with the publication or other commercial development of Scholarly Work in which the Staff Member has copyright, the Staff Member must negotiate an agreement with the University regarding distribution of net profit from the commercial development of the Scholarly Work before the University provides such assistance.

Income from Other Works

4.18.9 In relation to any works the University will negotiate an agreement regarding the distribution of the net profits received by it from any commercial exploitation of the Intellectual Property with Staff Member/s and other persons responsible for the development or creation of the Intellectual Property. The usual starting point will be 50 per cent after costs. This subclause 4.18.9 does not apply to Scholarly Works, except to the extent the University has exercised rights in connection with those Scholarly Works as provided in subclause 4.18.5.

Dispute Resolution

4.18.10 Notwithstanding any other dispute resolution provisions in this Agreement, if a dispute arises as to the operation of this clause, the procedures for resolving disputes outlined in the University's Intellectual Property Policy will be adopted, as varied from time to time.

Other Remedies

4.19.11 Nothing in this clause will prevent Staff Members from exercising their rights under any law applicable in New South Wales which prohibits contracting out.

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