CloseWho owns staff intellectual property (IP)?
3 MINUTE READ
Understand your rights and responsibilities when you create intellectual property (IP) as a University staff member.
The University of Melbourne Statute defines the ownership of rights to the IP you create as a University staff member.
‘The University owns intellectual property created by staff in the course of, or incidental to, employment with the University, except copyright in scholarly works.’
Ownership of IP created by University staff also depends on:
- the source of the funds or resources used to produce the IP
- the employment status of the creators at the time the IP was created
- the terms of any relevant agreement you’ve signed.
Creating IP as a consultant
Creating IP as a consultant
The ownership of any IP you create when you consult for an external organisation depends on the terms of your consulting contract. It’s important to clearly define the scope of work in a contract to help avoid any IP ownership issues.
Creating IP on sabbatical
Creating IP on sabbatical
If you are on a sabbatical paid by the University, we retain rights to any IP connected to your employment.
To make sure ownership issues are documented, talk to your Business Development team member before your sabbatical.
Students as staff members
Students as staff members
If you are a student also employed part-time by the University, we own any IP you create during your employment. This includes casual employees.
You should separate the work you do as a student from the work you do as an employee.
Your obligations
Your obligations
All University researchers, including honorary appointees and visitors, must disclose all new IPs to the University.
You need to do this whenever you have discovered or created something unique that could:
- have commercial value
- solve a significant problem
- be made into a product or service by an industry partner.
Tell us about your IP before you:
- publish
- present it at a conference
- send out a press release
- talk to anyone outside the University.
If you don’t, this can mean you can’t take your idea to market later.
The best time to disclose is early, at the draft manuscript stage. Ideally, this is months before communicating your IP to anyone outside the University, especially prospective investors.
When you disclose your IP to the University, it starts a process. This process could lead to the commercialisation of your discovery or creation. It can involve:
- the start of the IP protection process for your creation
- work to identify outside development partners
- obligations to your funding body, like reporting, if you used industry or government funds for your research
- a revenue share as the creator, if the University makes revenue from commercialising the IP you create.
Talk to us
Talk to us
General questions
If you have a general question or don’t know who to talk to, get in touch with us and we’ll point you in the right direction.
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Find a contact
Our local Business Development team members and central IP and Tech Transfer services team are here to help.
Business Development team
IP & Tech Transfer Services team