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Monash University Calendar

Regulations

Intellectual property regulations


Regulations made pursuant to Statute 11.2 - Intellectual property


1. Principal statute and interpretation

1.1 In these regulations -

1.1.1 Statute 11.2 - Intellectual property is called the principal statute; and

1.1.2 'committee' means the Intellectual Property Committee.

1.2 A reference in these regulations to a Commonwealth Act includes a reference to the Act as amended, re-enacted or remade (with or without modification), re-enacted or remade (with or without modification) and subsequently amended, or if the Act is repealed and not re-enacted or remade, the Act as in force immediately before it is repealed.

1.3 Expressions used in Statute 11.2 - Intellectual property have, unless the contrary intention appears, the same respective meanings as they have in that statute.


2. Prescription of intellectual property

2.1 For the purposes of section 2.5 of the principal statute, the following copyright works are prescribed:

2.1.1 a copyright work, the subject matter of which is primarily concerned with scholarship, research, artistic expression, creativity, or academic debate, except for -

(a) course material;

(b) a work in respect of which intellectual property owned by the university has been utilised;

(c) a work which is owned in whole or in part by a person other than the originator under an agreement made pursuant to section 2.3 of the principal statute, or to any Government or legislative requirement;

(d) a computer programme which is created in association with a patent worthy discovery or invention;

(e) a film or sound recording in respect of the creation of which the university has made a specific contribution of funding, resources, facilities or apparatus; and

(f) multimedia products.


2.2 For the purposes of section 2.2 of the principal statute, the following intellectual property is prescribed:

2.2.1 a patent worthy discovery or invention in respect of the creation of which the university has made a specific contribution of funding, resources, facilities or apparatus;

2.2.2 intellectual property, other than copyright in a thesis, in respect of which -

(a) intellectual property owned by the university has been utilised;

(b) the university has stipulated that the intellectual property first mentioned in this paragraph must be assigned to the university; and

(c) the university's stipulation has been made prior to the use of the university owned intellectual property;


2.2.3 intellectual property which, under an agreement made pursuant to section 2.3 of the principal statute or to any Government or binding legislative requirement, is to be owned in whole or in part by a person other than the student who created the intellectual property.


3. Discoveries, inventions or patents

3.1 For the purposes of these regulations:

3.1.1 'patent worthy discovery or invention' means a discovery or invention;

3.1.2 which appears capable of being patented (patentable); and

3.1.3 which has or is likely to have potential for commercial exploitation in the interests of the community, the Australian economy or the university.


4. Intellectual Property Committee

4.1 The composition of the Intellectual Property Committee shall be -
  • the intellectual property officer (chair), ex officio;

  • three members of the academic staff, of whom at least one shall be non-professorial, nominated by the Academic Board;

  • three persons nominated by the Council;

  • the deputy vice-chancellor and president responsible for university-wide resource management or nominee;

  • one postgraduate student nominated by the Monash Postgraduate Association; and

  • such other person or persons as may from time to time, by reason of their special expertise, be appointed by the vice-chancellor.

4.2 The committee is responsible for advising the Academic Board on -

4.2.1 appropriate recommendations to the Council on university policy on intellectual property including ownership, revenue distribution and confidential matters;

4.2.2 appropriate principles to be incorporated in Council statements on the distribution of revenue from intellectual property; and

4.2.3 appropriate principles to govern the prohibition of disclosure or use of intellectual property.


5.1 The committee shall meet at least once each year and meetings shall be convened by the chair.

5.2 The committee shall regulate its own proceedings.

5.3 The committee shall report annually to the Academic Board.


6. An originator who, in the originator's judgment, has made a patent worthy discovery or invention shall, after advising the head of the relevant department, centre, or other unit of university organisation, accordingly inform the intellectual property officer or nominee as soon as practicable, setting out the technical and commercial significance of the discovery or invention.

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