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Monash University Calendar
Statutes
Chapter 11 - Trusts and other property
Statute 11.1.1 - Administration
of trust and other property
1 Any gift, grant, bequest or devise of property whether real or personal
or both received by the university shall be administered and applied as
the Council may determine by resolution or as may be prescribed or provided
for by any regulations made pursuant to this statute subject in every case
to the Act, statutes, and regulations, and to any conditions made or directions
given by the donor, grantor or testator of any such property in so far
as the same impose conditions binding upon the university or the Council.
2.1 The Council may make regulations for or with respect to -
2.1.1 the administration and application of any property;
2.1.2 the constitution and appointment of a committee for the administration
and application of any property;
2.1.3 the conditions of or for any payments, awards, grants, fellowships,
scholarships, prizes, or exhibitions which may be made, awarded, or provided
from any property;
2.1.4 prescribing or providing for any other matter or thing for which
it is necessary or expedient to prescribe or provide for the purposes of
this statute; and the Council may make regulations amending or revoking
any such regulations.
2.2 Regulations made under this statute must be promulgated
on the Monash University Calendar website and after being so promulgated
must remain on the website for at least 14 days.
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Statute 11.2 - Intellectual property
1 Interpretation
1.1 In this statute and any regulation made pursuant to it, unless the
contrary intention applies -
'circuit layout' means a circuit layout as defined by the Commonwealth
Circuit Layouts Act 1989.
'Committee' means the Intellectual Property Committee.
'computer program' means a computer programme as defined in the Commonwealth
Copyright Act 1968.
'confidential information' means information of any kind which, because
of its confidential character, is capable of protection by contractual
or equitable means, and includes information of a valuable commercial or
technical character.
'copyright work' means any 'artistic work', 'literary work', 'dramatic
work', 'musical work', 'sound recording', 'cinematograph film', 'television
broadcast', 'sound broadcast' or 'published edition of work' as those terms
are defined by the Commonwealth Copyright Act 1968 and the respective definitions
of those terms have the respective meanings ascribed to them in that Act.
'course material' means any copyright work created by an originator in
the circumstances referred to in section 2.1.1 specifically for use in,
or in connection with a
course, subject or unit offered or to be offered
by the university, or by Open Learning Agency of Australia Pty Limited.
'design' means a design as defined by the Designs Act 1906 (Cth).
'eligible layout' means an eligible layout as defined by the Circuit
Layouts Act 1989 (Cth).
'intellectual property' means any copyright work, circuit layout, eligible
layout, design, patent, invention, confidential information, know-how,
plant variety, trade mark or other insignia of origin, and any related
right.
'intellectual property officer' means the person appointed by the vice-chancellor
and president pursuant to section 5.
'invention' means an invention (whether or not qualifying for registration)
under the Patents Act 1958 (Cth) or the Patents Act 1990 (Cth).
'originator' means any person who creates, whether or not in conjunction
with another person, intellectual property referred to in section 2.1.
'patent' means a patent within the meaning of the Patents Act 1958 (Cth) or the Patents
Act 1990 (Cth) and includes a standard patent or a petty
patent.
'plant variety' means a plant variety whether or not qualifying for a grant
under the Plant Variety Rights Act 1987 (Cth).
'resources' includes administrative support and other human resources.
'scholarship' includes a fellowship, and a scholarship awarded by the university,
a department, centre or other unit of university organisation, or a person
or body external to the university.
'specific contribution' in relation to the creation of intellectual property
excludes a scholarship and means funding, resources, facilities or apparatus
which is earmarked for the purpose of creating the intellectual property.
'student' means, despite anything to the contrary in any other statute
or regulation, a person who creates intellectual property in the course
of the person's studies or research at the university undertaken in pursuance
of a degree, diploma, or unit offered by the university.
'trade mark' means a trade mark as defined by the Trade Marks Act 1955
(Cth) whether or not registered under that Act. 1.2 A reference in this
statute 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.
2. Ownership of intellectual property
2.1 Subject to section 2.4, the university owns intellectual property,
other than intellectual property created by a student -
2.1.1 which is created by an originator in pursuance of the originator's
employment under a contract of service with the university; or
2.1.2 in respect of the creation of which the university has contributed
other university owned intellectual property or has made a specific contribution
of funding other than salary payable pursuant to a contract of employment,
resources, facilities or apparatus.
2.2 In the case of intellectual property created by a student, the student
shall assign the ownership to the university if the intellectual property
is prescribed for the purposes of this subsection under regulations made
pursuant to this statute.
2.3 The vice-chancellor and president or officer authorised by the vice-chancellor
and president for the purpose -
2.3.1 may enter into an agreement with an originator or other person in
relation to the creation, ownership, licensing, use or exploitation of
intellectual property; and
2.3.2 subject to subsection 2.3A shall, where the university owns intellectual
property, enter into an agreement with an originator referred to in paragraph
2.1.1 regarding the distribution of any revenue between the university
and the originator where the intellectual property is sold or licensed
by the university.
2.3A Paragraph 2.3.2 does not apply to or in relation to -
2.3A 1 course materials; or
2.3A.2 intellectual property in respect of which the distribution of revenue
is governed by the Council's statement on patent revenue distribution.
2.4 An agreement made pursuant to section 2.3 prevails over any provision
in this statute or regulations made pursuant to this statute which is inconsistent
with the agreement.
2.5 Where an originator of a copyright work prescribed by the regulations
is a member of the academic staff of the university, subject to subsection
2.6, the university by operation of this statute assigns ownership in the
copyright work to the originator.
2.6 An assignment of ownership in a copyright work under subsection 2.5
is subject to a non-exclusive, royalty free and irrevocable licence to
the university to reproduce, digitise, publish, perform, communicate to
the public and otherwise use the work for the university's teaching and
research purposes.
2.7 Subject to sections 2.4 and 2.10 where the University owns copyright
in a copyright work, the originator is granted by operation of this statute
a non-exclusive, royalty free and irrevocable licence to use the work for
the originator's teaching and research purposes.
2.8 Subject to section 2.4 where the university owns copyright in a computer
program, the originator of the program may not disclose it or information
about it other than reasonable disclosure to persons employed by or contracted
to the university without the prior approval of the intellectual property
officer who, in deciding whether to give approval, must ascribe primary
importance to the need to preserve appropriate academic interchange and
discourse.
2.9 An originator must, if required by the vice-chancellor and president
or authorised officer, execute any document or do anything reasonably required
by the university in relation to intellectual property created in whole
or in part by the originator to demonstrate or prove ownership to third
parties or secure intellectual property protection, any costs of or for
which are to be borne by the university.
2.10 Subject to section 2.4, an originator must not disclose the details
of or use intellectual property if the disclosure or use -
2.10.1 involves computer information not approved under section 2.8; or
2.10.2 is currently determined by the intellectual property officer to
be disclosure or use which would prejudice the protection, enforcement
or commercial exploitation of intellectual property owned wholly or in
part by the university, or by another person under an agreement made pursuant
to section 2.3 or to any Government or legislative requirement.
2.11 The intellectual property officer must not prevent publication of
a student's thesis beyond any time frame set by the Research Graduate School
Committee.
2.12 The intellectual property officer shall consult with relevant senior
academic staff before making a determination under section 2.10 and shall
cause to be published and have readily available the current determinations
which prohibit disclosure or use of intellectual property.
2.13 An originator must not apply for any form of protection for, or commercially
exploit or otherwise deal with any intellectual property, or do any act
or thing in a manner inconsistent with the university's rights under this
statute or otherwise.
2.14 Where the university publishes or causes to be published a copyright
work, owned by the university pursuant to this statute, -
2.14.1 without adaptation or other modification, the University shall ensure
that the authorship of the work is acknowledged in the publication; or
2.14.2 with adaptation or other modification, the university shall consult
with and obtain the agreement of the originator of the work on whether
the authorship of the work is to be acknowledged and if so the form of
the acknowledgement.
2.15 At the request of an originator, the university must remove the acknowledgment
of authorship carried on course materials created by the originator.
2.16 Prior to entering into an agreement to assign or licence a copyright
work owned by the university, the university must consult with the originator
of the work and reach agreement on whether authorship is to be acknowledged
and, if so, the form of the acknowledgment.
2.17 Where the university owns intellectual property, other than copyright,
it shall ensure if practicable that the originator is acknowledged as the
inventor or co-inventor, as the case requires, in any relevant patent application
or other documentation.
3. Provision of intellectual property details
An originator referred to in section 2.1.1, of intellectual property,
other than copyright works which are prescribed under section 2.1 of regulations
made pursuant to this statute, must provide relevant details about the
intellectual property as required by the intellectual property officer
or nominee.
4
Intellectual Property Committee
There shall be an Intellectual Property Committee which shall be a committee
of the Academic Board.
5 Intellectual property officer
There shall be an intellectual property officer who shall be the deputy
vice-chancellor and vice-president responsible for university research
development, and who shall have the duties, responsibilities and powers
conferred by this statute, the regulations made under this statute and
the vice-chancellor and president.
6 Appeals from decision of intellectual
property officer
6.1 An originator who is dissatisfied with a decision of the intellectual
property officer may within 14 days of the decision request the Committee
to review the decision.
6.2 The intellectual property officer must not participate as a member
of the Committee on a review.
6.3 The Committee must commence a review of a decision of the intellectual
property officer within 14 days of receiving a request made pursuant to
section 6.1 and complete the review as soon as practicable thereafter.
6.4 After providing an originator with an opportunity to be heard,
the Committee must either confirm or vary the decision or action of the
intellectual property officer and must notify the originator within fourteen
(14) days of its decision.
7 Regulation making power and promulgation
7.1 The Council may make regulations for and with respect to -
7.1.1 ownership, licensing and use of intellectual property;
7.1.2 relinquishment of university ownership of or other rights to intellectual
property;
7.1.3 developing intellectual property or securing its protection, including
any related administrative action;
7.1.4 commercial exploitation of intellectual property;
7.1.5 apportionment of income generated by intellectual property;
7.1.6 the composition, function and powers of the Committee;
7.1.7 the duties, responsibilities and powers of the intellectual property
officer.
7.2 Regulations made under this statute must be promulgated
on the Monash University Calendar website and after being so promulgated
must remain on the website for at least 14 days.
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