Outlines the rules to appropriately acknowledge and protect the interests of student, staff and the RMIT Group in matters related to intellectual property.
Who is it for?
This policy applies to all students and staff of the RMIT Group. In addition, consultants, visiting researchers, contractors, third party suppliers, honorary and adjunct appointments, visiting appointments and agents of the organisation who use or have access to RMIT Group intellectual property.
1.1. RMIT owns intellectual property created by a member of staff in the course of their employment. A staff member may be required to formally to assign to RMIT their interest in any such intellectual property.
1.2. A student of RMIT owns intellectual property which is created by the student in the course of their studies at RMIT except where:
1.2.1. the student is involved in a project or specific commission in respect of which RMIT has provided funds, equipment or facilities, and
1.2.2. RMIT requires the student, before commencing a project or specific commission for RMIT, to formally assign to RMIT their interest in any intellectual property which the student may create as a result of such involvement.
2.1. An Intellectual Property Committee (the committee) has been established under the Regulations and acts as an advisory committee to the Vice Chancellor.
2.2. Membership and conduct of meetings of the committee is determined by the committee’s terms of reference, as approved by the Vice Chancellor.
2.3. The committee is responsible for all aspects of University intellectual property and without limiting the generality of the same:
2.3.1. makes policy recommendations on intellectual property ownership rights between the University, its academic and research groups, members of staff and students, its commercial companies and parties external to the University including the division of any income derived from the commercialisation of intellectual property
2.3.2. recommends the extent to which the University will support the development of any intellectual property
2.3.3. advises and makes recommendation to the Vice Chancellor on progress towards intellectual property goals within the context of the University’s Strategic Plan
2.3.4. informs the Vice Chancellor on the activities of the committee
2.3.5. provides recommendation on the dissemination of material to inform the wider University community of any matters of intellectual property law, including for research, teaching materials, courseware and student assessment and monitors the effectiveness of such dissemination
2.3.6. informs the University community about intellectual property matters, and
2.3.7. recommends to the Vice Chancellor the establishment of a sub-committee to resolve any dispute submitted to it by a member of staff or student concerning:
a) the ownership of intellectual property
b) the division of any income arising from the commercialisation of intellectual property.
2.4. Where the sub-committee is unable to resolve any dispute submitted to it under regulation 2.(4)g), the staff member or student may appeal to the Vice Chancellor.
2.5. Intellectual property processes and guidance material to support this policy are approved by the Deputy Vice-Chancellor Research and Innovation.
Any confidential information or any rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, including but not limited to the electronic media and any rights under the Patents Act, Copyright Act, Design Act, Trade Marks Act, Plant Varieties Act and rights under any convention to which Australia is a party and under the Common Law.
Status & details
Custodian: Deputy Vice-Chancellor Research and Innovation
Operational responsibility: Research Innovation and Entrepreneurship team / School of Graduate Research
Effective from: 13 October 2017
Last updated: 13 October 2017
Document reference: POL/2008/00074[V2]