Archive for intellectual property

Who owns IP, university or researcher?

Posted in Legal issues with tags , on 11 October 2009 by Steve

Australia“The question whether a university or its employees own the intellectual property in inventions is not a new one. It has been around for a long time, has been the subject of many disputes and judicial decisions, and with the increasing commercialisation of universities, the involvement of several institutions in one project and the hunger for research funds and venture capital, it is not going to become any easier. To some extent, a recent decision by the Federal Court of Australia in The University of Western Australia v Gray provides some guidance on the issues involved …” (more)

[Neil Brown, University World News, 11 October]

‘Re-moralising’ the university

Posted in Governance and administration with tags , on 11 October 2009 by Steve

Australia“The central ethical premise of universities has changed fundamentally. The discovery and dissemination of knowledge has been replaced by the desire to exploit it. Just think, can anyone today imagine a university giving a valuable vaccine away? Hardly likely. In fact, the government encourages universities to do just the opposite – to patent our discoveries and capitalise on our intellectual property …” (more)

[Steven Schwartz, University World News, 11 October]

Keep the money, IP academic told

Posted in Legal issues with tags , on 20 November 2008 by Steve

“A decision by an Australian judge has bolstered academics’ claims to the money made from their inventions, according to a leading lawyer. The judge in a dispute between the University of Western Australia (UWA) and one of its former professors has challenged the assumption that universities have ownership of inventions developed as part of their employees’ research activities. Sitting in the Australian Federal Court, Justice French ruled that this assumption is not necessarily correct where the academic has a contractual duty to carry out research, but has no contractual ‘duty to invent’. In London, Adrian Toutoungi, who is intellectual property expert at law firm Eversheds, said that while British courts are not obliged to follow Australian case law, they were in fact likely to be influenced by the judgment …” (more)

[Melanie Newman, Times Higher Education, 20 November]