Print version1. Ownership of Intellectual Property – UQ Research and Academic Staff
UQ’s policy is to solely own Intellectual Property rights (“IP”) to project outcomes generated by its employees in the course of conducting research projects with third parties (“Project IP”).
UQ will always assert and maintain ownership of its pre-existing background IP (“Background IP”) that it brings to a Project. Where UQ owns and introduces specific, commercial Background IP to a project and the project results constitute an improvement to that Background IP (where the improvement is Intellectual Property in its own right) then UQ will assert ownership of that improvement Background IP.
2. Consequences of One Owner - Better Commercialisation
The basis for UQ asserting Project IP ownership is to avoid potential problems with co-ownership of Project IP including:-
(i) the unpredictable and time consuming necessity to reach agreement with each co-owner with regard to dealing with and commercialising the Project IP;
(ii) the risk that one minor contributing co-owner may be able to stifle licensing or other commercialisation opportunities.
Where UQ owns Project IP, it is in a better position through its commercialisation subsidiaries – including UniQuest Pty Ltd - to negotiate the commercialisation of Project IP. This may include the offering of:- (i) exclusive or non-exclusive IP licenses; (ii) first rights of refusal; (iii) options to take up a license; or (iv) assignment.
3. Ownership and Contract Negotiations
UQ is sometimes required to negotiate and deal with IP ownership issues for particular research projects. In these cases negotiations should be undertaken by the Research and Innovation Division (“R&ID”) contract unit in conjunction with the relevant Manager of Innovation and Commercial Development (“MICD”) for each faculty.
For MICD details see http://www.uq.edu.au/research/orps/index.html?id=5764#Managers
4. Further Information
For further information please refer to section 4 of the HUPP 4.15.1, Intellectual Property Policy for Staff, Students and Visitors
December 2009