Intellectual Property Regulations
Made by the Monash University Council
Version incorporating amendments as at 3 November 2011
1.
Principal statute and interpretation
1.1
2.
In these regulations 1.1.1
Statute 11.2 - Intellectual property is called the principal statute; and
1.1.2
'committee' means the Intellectual Property Committee.
1.2
A reference in these regulations to a Commonwealth Act includes a reference to
the Act as amended, re-enacted or remade (with or without modification), reenacted 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if the Act is repealed and not re-enacted or remade, the Act as in force
immediately before it is repealed.
1.3
Expressions used in Statute 11.2 - Intellectual property have, unless the contrary
intention appears, the same respective meanings as they have in that statute.
Prescription of intellectual property
2.1
For the purposes of section 2.5 of the principal statute, the following copyright
works are prescribed:
2.1.1
a copyright work, the subject matter of which is primarily concerned with
scholarship, research, artistic expression, creativity, or academic debate,
except for (a)
course material;
(b)
a work in respect of which intellectual property owned by the
university has been utilised;
(c)
a work which is owned in whole or in part by a person other
than the originator under an agreement made pursuant to
section 2.3 of the principal statute, or to any Government or
legislative requirement;
(d)
a computer programme which is created in association with a
patent worthy discovery or invention;
Intellectual Property Regulations
2.2
(f)
multimedia products.
2.2.1
a patent worthy discovery or invention in respect of the creation of which
the university has made a specific contribution of funding, resources,
facilities or apparatus;
2.2.2
intellectual property, other than copyright in a thesis, in respect of which (a)
intellectual property owned by the university has been utilised;
(b)
the university has stipulated that the intellectual property first
mentioned in this paragraph must be assigned to the
university; and
(c)
the university's stipulation has been made prior to the use of
the university owned intellectual property;
intellectual property which, under an agreement made pursuant to
section 2.3 of the principal statute or to any Government or binding
legislative requirement, is to be owned in whole or in part by a person
other than the student who created the intellectual property.
Discoveries, inventions or patents
3.1
4.
a film or sound recording in respect of the creation of which
the university has made a specific contribution of funding,
resources, facilities or apparatus; and
For the purposes of section 2.2 of the principal statute, the following intellectual
property is prescribed:
2.2.3
3.
(e)
For the purposes of these regulations:
3.1.1
'patent worthy discovery or invention' means a discovery or invention;
3.1.2
which appears capable of being patented (patentable); and
3.1.3
which has or is likely to have potential for commercial exploitation in the
interests of the community, the Australian economy or the university.
Intellectual Property Committee
4.1
The composition of the Intellectual Property Committee shall be the intellectual property officer (chair), ex officio;
three members of the academic staff nominated by the Academic Board;
three persons nominated by the Council;
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Intellectual Property Regulations
the Vice-President (Finance) or nominee and the Vice-President
(Administration) or nominee;
one postgraduate student nominated by the Monash Postgraduate
Association; and
such other person or persons as may from time to time, by reason of their
special expertise, be appointed by the vice-chancellor.
4.2
6.
The committee is responsible for advising the Academic Board on 4.2.1
appropriate recommendations to the Council on university policy on
intellectual property including ownership, revenue distribution and
confidential matters;
4.2.2
appropriate principles to be incorporated in Council statements on the
distribution of revenue from intellectual property; and
4.2.3
appropriate principles to govern the prohibition of disclosure or use of
intellectual property.
5.1
The committee shall meet at least once each year and meetings shall be convened
by the chair.
5.2
The committee shall regulate its own proceedings.
5.3
The committee shall report annually to the Academic Board.
An originator who, in the originator's judgment, has made a patent worthy discovery or
invention shall, after advising the head of the relevant department, centre, or other unit
of university organisation, accordingly inform the intellectual property officer or
nominee as soon as practicable, setting out the technical and commercial significance of
the discovery or invention.
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