1 © Copyright and other Intellectual Property

2 What is intellectual property? Patents Trade Marks Designs Plant Breeders Rights Copyright Confidential information/trade secrets

3 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

4 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

5 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

6 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

7 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.

8 Research outputs – publications (3) Copyright information provided by Library at ght_guidance/

9 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

10 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 acquarie/policies,_procedures_and_conduct

11 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).