Advice & advocacy

What is intellectual property?

Intellectual property is, in a nutshell, what your mind or intellect creates. This property is protected at law by what are known as intellectual property rights. Intellectual property rights protect not the ideas themselves but rather what comes into existence as a result of those ideas, for example, an invention, original design or logo, a literary item, computer program, film or music.

More about:

• Copyright

• Patents

• Deeds of assigment

• Confidential information

• Trademarks

• Designs

• Authorship & joint authorship

• Commercialisation

• Monash's IP position

• Common scenarios

• Useful links

 

What is copyright?

Any data, literary, musical or artistic work which you create is property which belongs to you unless you assign or license it to someone else. Copyright is automatic which means you do not have to register it or take any action to protect it. Usually copyright created for the purposes of employment will be deemed to be assigned or belong to the employer.

What is a patent?

A patent is a right granted for any new device, substance, method or process. It is a monopoly granted for 20 years (or 25 year in the case of pharmaceuticals). In order to protect a patent you must apply to have it protected. By taking out a patent you prevent others from using it and by so doing you retain an exclusive right to exploit it. Inventions in the public domain cannot be patented. Patenting is very expensive and as such it will usually be a collaborative project with the University in exchange for the student assigning his or her rights to the University via a deed of assignment.

Back to top

What is a deed of assignment?

A deed of assignment is usually a written agreement which needs to be signed by the parties involved in the agreement. Although assignment can be implied, Monash University has standard form deeds.

Under a deed of assignment the student is usually required to totally divest their intellectual property rights. It is therefore a good idea to obtain independent advice in respect to the deed prior to signing.

What is confidential information?

Trade secrets, know how, commercial information, business plans, technical knowledge and data bases fall within the category of trade secrets. Before a patent can be registered there must be a trade secret. Confidential information is not an intellectual property right, it is however information that is protected by the common law principle of confidentiality.

Back to top

What is a trademark?

This can be a letter or word or picture, even a colour, sound or shape, which is associated with a particular product or company giving it a distinct identity identifiable from other companies or products. A trademark is initially valid for 10 years from the date of filing the application. Trademarks are separate from company names or business names.

What is a design?

This is the appearance of a thing or product - a shape, configuration, pattern or ornamentation. A design denotes the unique property of a product and as such must be new and distinctive. Designs may be registered although registration will only extend to the appearance of the item not its function. (The function can be protected by taking out a patent). Circuit layouts and plant breeder’s rights are similar to designs but dealt with under specific legislation.

Back to top

What is authorship and joint authorship?

Section 10(1) of the Copyright Act 1968 defines” work of joint ownership” as:

‘... a work that has been produced by the collaboration of two or more authors and in which the contribution of each author is not separate from the contribution of the other author or the contributions of the other authors.’

The Copyright Act also provides that authors have a right to attribution. This is referred to as a moral right and subsists notwithstanding any assignment of copyright.

Another useful guide as to what constitutes authorship can also be found in the Monash Research Graduate School Handbook in chapter 6.

For more information about authorship, visit our authorship webpage.

Commercialisation at Monash University

This is the process involving exploitation of an invention. It concerns an evaluation of the technical aspects of the invention and market factors. As a general rule at Monash University once commercialisation of an invention takes place, it will be governed by the ‘Monash University Statement on Patent Revenue Distribution’.

Back to top

Monash University intellectual property position

Monash University makes no claim to copyright in a thesis. The University may claim ownership of intellectual property when:

1. a student invented something using university funding, resources, facilities, apparatus, enabling the research leading to the invention to take place;

2. intellectual property belonging to the university was used by the student to create the student’s intellectual property;

3. intellectual property belongs to a third party, such as an industry partner or sponsor.

Common intellectual property scenarios

• Assignment

• Licensing

• Collaborative Research and Development

Transfer of Intellectual Property into joint venture or “spin off”

MPA can provide more specific information in relation to the above upon request.

Back to top

Useful links

Australian Code for the Responsible Conduct of Research

Intellectual Property Statute
 
Intellectual Property Regulations

Another useful guide as to what constitutes authorship can also be found in the Monash Research Graduate School Handbook in chapter 6.

The Australian Government IP web page is an excellent source of information:

Back to top