Student IP Protocol

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Refer to MOPP D3.1 for information on QUT's Intellectual Property Policy.

1. Introduction

1.1 What this document is about

This document sets out QUT’s Protocol in relation to student intellectual property.

This Protocol complements QUT’s Intellectual Property Policy.

1.2 Administration of Protocol

The administrator of this Protocol is the Deputy Vice Chancellor (Research and Commercialisation), who may, in the Deputy Vice Chancellor (Research and Commercialisation)’s discretion amend:

1. this Protocol;
2. the accompanying Explanatory Memorandum;
3. the terms of the assignment agreement and accompanying Acknowledgement Form; and
4. any other documents in the student package (see section 3.1 below), provided any such amendment is not inconsistent with QUT’s Intellectual Property Policy.

2. Students

2.1 Participation in research

QUT encourages students to participate in and to contribute to QUT’s research projects.  QUT recognises that the purpose of the scholastic activities of students is to gain the award of a degree. It is an important core function of QUT to provide research opportunities to students for that purpose.

2.2 Generation of intellectual property

Absent an agreement to the contrary, QUT recognises that students personally own intellectual property that they generate in the course of their studies and research.

2.3 Need for agreements with students

At QUT students may sometimes participate in projects that:

1. are externally funded, where QUT will have contractual obligations to third parties; or
2. have commercialisation potential or objectives, where QUT will seek to commercialise the intellectual property arising from the project.

If students participate in these projects described above QUT will require that any intellectual property created by the student be assigned to QUT.  The student’s supervisor is responsible for initiating these discussions regarding assignment with the student.

The purpose of the assignment is to enable QUT to readily:

1. meet its contractual obligations to third parties; and/or
2. commercialise the intellectual property.

3. Assignment of Intellectual Property

3.1 Arrangements for assignment

On each occasion where a student is considered for participation in a project where the project:

1. is subject to contractual obligations to third parties; or
2. has commercial potential or objectives,

QUT will provide the student package described below to the student.

The student package will comprise:

1. the assignment agreement and accompanying Acknowledgement Form;
2. the accompanying letter addressed to the student;
3. the explanatory memorandum; and
4. a Statement by Supplier for Goods and Services Tax purposes.

Students are strongly encouraged to obtain independent legal advice about the nature and effect of the assignment agreement. QUT will contribute up to $300.00 to the cost of such legal advice obtained from a practising solicitor, or such other amount as the Deputy Vice Chancellor (Research and Commercialisation) approves.

3.2 Assignment is a choice

A student may choose not to assign intellectual property to QUT.

If the student makes this choice:

1. the student’s supervisor, in conjunction with the student, will work to develop an alternative research program if possible, of equal academic merit, that does not have a commercial expectation, and which is not subject to contractual obligations to third parties; and
2. the student must be excluded from the research that has commercial potential or which is subject to contractual obligations.

3.3 Form of assignment

An assignment to QUT of student intellectual property:

1. will not extend to copyright in the student’s thesis (the student will retain ownership of the copyright  in the thesis);
2. will not unreasonably impede the student submitting a thesis for examination and being able to complete the requirements for the award of a degree;
3. will provide for a student to receive a share of net commercialisation revenues along with other contributors; and
4. will require the student to observe any obligations of confidentiality in relation to the project.