Understanding Intellectual Property IP Australia Seminar August 6, 2003 Kimberley Heitman, B.Juris, Llb, AACS Director, Legal Services Office, UWA

Understanding IP - Overview Types of IP Types of IP Fruits of Research Fruits of Research The University’s IP Policy The University’s IP Policy Patents – Perils, Pitfalls and Prosperity Patents – Perils, Pitfalls and Prosperity Confidential information Confidential information Commercialisation of IP – Revenue Sharing Commercialisation of IP – Revenue Sharing Copyright Copyright Computer Code Computer Code

Types of IP Copyrights Copyrights Patents Patents Plant Rights Plant Rights Confidential Information & “Know-How” Confidential Information & “Know-How” Trademarks Trademarks Designs Designs Circuit Layouts Circuit Layouts

Fruits of Research Owner of IP has international rights to commercial exploitation Owner of IP has international rights to commercial exploitation Research, trials, prototypes, patent costs Research, trials, prototypes, patent costs Production, manufacturing and marketing Production, manufacturing and marketing Royalties Royalties IP audit, licencing and assignment IP audit, licencing and assignment

UWA IP Policy Ownership of IP Ownership of IP Duty to report Duty to report Managed by Office of Industry & Innovation Managed by Office of Industry & Innovation Revenue sharing and capital return Revenue sharing and capital return IP agreements with external bodies IP agreements with external bodies Legal Services Office Legal Services Office html html

New IP policy review Internal draft receiving committee review Internal draft receiving committee review Distinction between academic & general staff removed Distinction between academic & general staff removed Computer code copyright Computer code copyright Distinction between teaching and general purposes for UWA licence removed Distinction between teaching and general purposes for UWA licence removed New policy on taping & transmitting lectures New policy on taping & transmitting lectures

Patents Potentially most valuable innovation Potentially most valuable innovation Stringent and costly registration process Stringent and costly registration process International Patents International Patents Provisional Patent Provisional Patent Examiner’s requisitions Examiner’s requisitions Life of Patent Life of Patent Marketing Marketing

Confidential Information UWA IP – obligation to protect UWA IP – obligation to protect Others’ IP – pollution of UWA IP Others’ IP – pollution of UWA IP Signed by UWA – cleared through LSO Signed by UWA – cleared through LSO Academic publication needs Academic publication needs

Commercialisation Office of Industry and Innovation - Office of Industry and Innovation Research funding Research funding Commercial Partnerships Commercial Partnerships Revenue sharing & royalties Revenue sharing & royalties

Copyright Literary Works – including source code Literary Works – including source code Artistic Works Artistic Works Dramatic Works Dramatic Works Musical Works in written form Musical Works in written form Sound Recordings Sound Recordings Films Films Broadcasts Broadcasts Online Transmission Online Transmission

Computer Code May be a copyright work and a patent May be a copyright work and a patent If copyright, adaptation rights and moral rights are reserved If copyright, adaptation rights and moral rights are reserved If a patent, other applications using the innovation must pay royalties If a patent, other applications using the innovation must pay royalties Mixed up rights – e.g. multimedia Mixed up rights – e.g. multimedia

Thank you – Any Questions? Kimberley Heitman, Legal Services Office Kimberley Heitman, Legal Services Office Extension 1965 Extension