1 © copyright and other intellectual property. 2 what is intellectual property? patents trade marks...

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©Copyright and other

Intellectual Property

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What is intellectual property?

• Patents• Trade Marks• Designs• Plant Breeders Rights• Copyright• Confidential information/trade secrets

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What does the University’s Intellectual Property Policy say*?• Generally, IP created by MQ employees in the

course of employment belongs to MQ• MQ generally does not assert ownership of

copyright in scholarly work• If teaching or research material was created

before you joined MQ you should record that at the time that you join MQ

• Moral rights will be acknowledged• Commercialisation will take due regard of the

interests of the creators of IP* policy is being reviewed

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When is intellectual property relevant to me?

• Research and/or teaching inputs• Teaching packages• Research outputs (publications,

creative works and inventions)• Agreements with research funders

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Research inputs

• Publications – copyright (including moral rights) and permissions

• Software – licences • Biological material – materials transfer• Other people’s ideas and inventions –

patents, confidential information/non-disclosure agreements, plant breeders rights, designs

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Research outputs – publications (1)• Copyright – rests with the author(s), MQ does not

claim (c) in scholarly works except– Specific commissions– MQ assists with publication or is the publisher– Where there is background IP belonging to MQ

MQ retains rights in the background IP• Scholarly works include books, articles, musical

compositions, creative works• Journals often ask authors to assign copyright in

articles - research contracts should retain copyright in academic articles

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Research outputs – publications (2)• Authorship agreements between researchers• Vancouver protocol requires:

1) substantial contributions to conception and design, acquisition of data, or analysis and interpretation of data; 2) drafting the article or revising it critically for important intellectual content; and 3) final approval of the version to be published.

• Authors should meet conditions 1, 2, and 3.

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Research outputs – publications (3)• Copyright information provided by

Library athttp://www.mq.edu.au/on_campus/library/copyright_guidance/

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Research outputs – inventions (1)• Responsibility to disclose invention – it’s

important to get the contributors right• Invention disclosure goes to the

Intellectual Property Commercialisation Management Committee

• Commercialisation Director is Warren Bailey

• IPCMC decides what MQ will do

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Research outputs – inventions (2)• Intellectual Property Commercialisation

Management Committee – will consider disclosure– may ask for presentation – may seek market information– may decide to take out provisional patent (if patentable)– will endeavour to make a go/no go decision within 6

months

• Innovation disclosure and commercialisation guidelines at http://www.research.mq.edu.au/about/research_@_macquarie/policies,_procedures_and_conduct

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Agreements with Research Funders• Base position is that MQ owns IP and will

give a non-exclusive licence to the funder• This is negotiable and depends on;

– Field of the licence– The proportion of the total cost of the research

that is being paid by the funder– MQ retaining a right to use in further teaching

and research – Publication rights (possibly subject to approval).