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Intellectual Property
and Commercialisation Guidelines
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Approving Authority:
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Executive Director of Administration
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Establishment Date:
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18 June 2002 |
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Date Last Amendment:
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15 April 2008 |
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Nature of Amendment:
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Change of name from Flinders Technologies to
Flinders Partners
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Date Last Reviewed:
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n/a
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Publication Reference:
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n/a
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Contact Officer:
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Executive Officer, Legal and Contracts |
Guidelines for Flinders University
Staff and Students |
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Flinders University encourages its staff and students to be
aware of the potential for commercialisation of their work.
These guidelines are intended to deal with issues that arise
when a staff member or student wishes to explore the possibility
of commercialisation of intellectual property that is developed
in the course of their work at Flinders University.
These Guidelines are based on Flinders' Intellectual Property
Policy. This Policy applies to all staff and students. The policy
document gives clear guidance on the University's approach to
managing intellectual property issues, as well as setting out
the procedures that you need to follow. You are advised to read
the Policy before proceeding. |
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COMMON QUESTIONS |
| 1 |
What is intellectual property? |
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Intellectual property (IP) represents the property of your
mind or intellect, and is created by all university staff and
students in the course of their work. Most of the IP that you
create is unlikely to be commercialised, but where that possibility
exists, the IP needs to be identified and managed. Examples
of the kinds of IP that may be commercialised are:
- patents for new or improved products or processes;
- trade marks for words, symbols, pictures, sounds, smells
or a combination of these, to distinguish the goods and
services of one trader from those of another;
- designs for the shape or appearance of manufactured goods;
- copyright for original material in literary, artistic,
dramatic or musical works, films, broadcasts, multimedia
and computer programs;
- circuit layout rights for the 3-dimensional configuration
of electronic circuits in integrated circuit products or
layout designs;
- plant breeder's rights for new plant varieties;
- trade secrets including know-how and other confidential
or proprietary information.
(Adapted with permission from the website of IP Australia,
the Australian Government agency that grants rights in patents,
trademarks and designs)
http://www.ipaustralia.gov/
Clause
1.of the IP Policy uses a shorter but similar defnition.
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| 2 |
Who owns the IP that a staff member creates in the course
of employment at Flinders? |
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The University has certain rights under common law and by
statute to ownership of IP created by academic and general staff
in the course of their employment. In practice, the University
only wishes to exercise its right of ownership where the IP
may have significant commercial value.
In effect, the University concedes copyright ownership to staff
members in relation to most of the products of their work, such
as books, journal articles, and most other written or creative
works. The exceptions are teaching materials (see Item 3), and
computer software.
Where the IP is created in the course of a project that is subject
to a contract or agreement, a third party may be involved in
the ownership.
See Clauses 2.1, 2.2,
3 and 10.
of IP Policy |
| 3 |
What about the teaching materials produced by academic
staff? |
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The University owns copyright to teaching materials which
are produced by staff in the course of their employment, and
will normally allow staff to use such materials for publication
and other academic purposes, and in subsequent employment by
another university.
See Clause 4. of IP Policy |
| 4 |
Who owns the IP created by students? |
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The University acknowledges that students own their own IP.
In practice, most student IP is developed as part of a supervised
project, and is regarded as jointly owned by the student and
the University.
A student who is going to undertake research work with staff
may be required to enter into an agreement to assign IP rights
to the University, before the work starts. Any student who is
asked to sign such an agreement will be given a full explanation
of the content and effect of the agreement, and will be encouraged
to seek independent advice before signing.
The Faculty General Managers are able to advise students on
their rights and obligations in relation to IP issues, and on
a request to sign an agreement to assign IP rights.
See Clause 8 of IP Policy
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| 5 |
If I create IP that could be commercialised, does my work
become confidential? |
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Staff and students are subject to some general restrictions
on the disclosure of confidential information acquired in the
course of their employment or enrolment. These restrictions
are based in general law, and in the laws relating to employment.
IP that has the potential to be commercialised will usually
be defined by the University as confidential, to ensure that
its value can be fully realised. It is especially important
that any information about a potentially valuable invention
is not prematurely disclosed, in order to preserve the possibility
of applying for a patent.
The University has some template agreements to cover cases where
staff, and perhaps students, may be asked to agree that they
will not disclose information about a particular project or
body of work.
Confidentiality
The Faculty General Managers provide information and advice
to students and staff about their rights and obligations in
instances where confidentiality may be required.
See Clause 2.6 of IP Policy
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| 6 |
Will I be able to publish my work if it relates to commercialisable
IP? |
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Where the work is subject to commercial considerations, a
delay in publication may be recommended. In such cases the University
will act in consultation with the author/originator, and will
attempt to minimise undue delay.
See Clauses 2.3, and 5.
of IP Policy |
| 7 |
If IP that I create is commercialised, do I get any of
the money? |
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You may, but the chances of reaping a reward, let alone a
large one, are very small. In practice, very few ideas are able
to be commercialised, and very few of those can be labelled
a considerable commercial success. Also, the time frames between
development and any income are very long: at least eight to
ten years is a good guide.
Commercialisation income of less than $15,000 per annum may
be retained by the creator/s. Where the earnings are $15,000
or more, the University has a set of guidelines and formula
for distributing the money. (see Procedures, Item
3) |
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IP PROCEDURES |
| 1 |
What to do if you have created (or believe that you have
created) IP which may be capable of commercial exploitation |
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The procedures are established by the Flinders Policy on Intellectual
Property. See Clause 5.
In the first instance you need to
- make sure that you are familiar with the Policy,
- inform the Executive Dean of your Faculty.
The Executive Dean will inform the Deputy Vice-Chancellor (Research),
who has responsibility for deciding whether the University will
exercise its right of ownership to the IP. In making this decision,
the Deputy Vice-Chancellor (Research) will consult with you
and your Executive Dean.
The Deputy Vice-Chancellor (Research) will inform you of the University's
decision as to whether or not its rights to ownership in the
IP will be exercised.
If the University decides to exercise its right to ownership,
and is the sole owner of the IP, Flinders Partners Pty Ltd will
be informed. |
| 2 |
The Role of Flinders Partners Pty Ltd |
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- Flinders
Partners is a company wholly owned by Flinders University.
Its principal purpose is the exploitation of the University's
IP.
- Flinders University has an Agreement with Flinders
Partners, which requires the University to offer to transfer
to Flinders Partners IP that the University owns and wishes
to exploit commercially.
- Where Flinders Partners declines an offer by the University
to transfer IP, the University, through the Deputy Vice-Chancellor
(Research) will decide whether and how the University will
proceed to develop that IP.
See Clause 6 of IP Policy |
| 3 |
Distribution of financial returns
from the commercialisation of IP |
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Where the annual financial return (for example, royalties)
from commercialisation of IP covered by this policy is less
than
$15,000, the inventor or inventors are permitted to retain their
earnings.
Where annual earnings are $15,000 or more, the University requires
that earnings be distributed, according to the following.
- Flinders University adheres to the principle that where
there are financial returns from the commercialisation of
IP, the originator and his/her Faculty should benefit equitably.
- The costs incurred by the University of, and reasonable
charges related to, protecting, maintaining protection,
marketing, administering, and commercialising an item of
IP will be a first charge against any revenues received.
- After costs, revenues received by Flinders University
will be distributed as follows:
| Annual Net Return
($K) |
Originator |
Faculty |
University |
| 0 - 15 |
100% |
0% |
0% |
| 15 - 50 |
60% |
20% |
20% |
50 - 100 |
50% |
25% |
25% |
More than 100 |
40% |
30% |
30% |
- The originator may use the net revenues that he or she
receives for university purposes, or as personal remuneration
(in which case income tax will be deducted).
- The originator may use the net revenues that he or she
receives for university purposes, or as personal remuneration
(in which case income tax will be deducted).
See Clause 7. of IP Policy
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COMMERCIAL DEVELOPMENT OF RESEARCH: SOME LINKS |
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There are a number of useful websites that provide information
on aspects of research commercialisation, government programs,
and industry links. If you find any others, please let us know.
- Flinders
Partners Pty Ltd useful information from the University's
commercialisation arm, which is one of the most successful
university-owned commercialisation companies in Australia
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- AusIndustry:
the Commonwealth Government's agency for delivering products,
services and information to support industry, research and
innovation
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- R&D Info is a free fortnightly information service
for people with an interest in R&D, science, technology,
innovation, entrepreneurialism and investment. R&D Info
is produced by Hallmark Editions as a supplementary service
to the monthly newsletter, Australian R&D Review. Subcribe
at:
rdinfo-list-subscribe@webmedia.com.au
- •BioInnovation
SA is a public corporation established by the South
Australian Government to assist company formation in the
State and to create the policy, commercial and financial
environment for the industry and bioscience community.
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IP CONTACTS |
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• for clarification of the Flinders University Policy
on Intellectual Property
- Executive
Officer, Legal and Contracts, Policy and Secretariat,
Flinders extension 15196
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- • for advice on staff and students'rights and obligations
in relation to matters such as confidentiality, and the
assignment of IP ownership
- The Faculty General Managers
- • for advice on University research and development
matters
- Exceutive
Officer, Research & Developement, Executive Director
of Administration Office, Flinders Extension 15172
- • for advice on commercialisation
- Flinders
Partners Pty LtD
- • for information on R&D and industry
linked funding available to university researchers
- the Office
of Research
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for general information on IP terminology
- the website of IP
Australia , the Australian Government agency that grants
rights in patents, trademarks and designs
- Feedback on this site to: policyandsecretariat@flinders.edu.au
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