IP Management at Massey

1.national collaborative infrastructure

Intellectual Property Policy

• Ensures IP rights generated by Massey staff and students are used to maximise the flow of benefits to the community, enhance the reputation and wealth of the University, encourage staff and students to benefit from their commercially viable activities and to protect the rights of staff, student and the University where IP rights are concerned.

• The Commercialisation Office evaluates the exploitation of IP

Ownership of IP rights • Legal and beneficial ownership in all new IP rights vests with

the University except for:– Copyright in scholarly works– Copyright in Student works– Moral rights – Where otherwise agreed in writing by the Commercialisation Office

• Ownership may change as a consequence of the – Terms and conditions of the Research Contract that generated the IP– Results of commercialisation evaluation

Allocating the benefits of IP • Net revenue from the Commercialisation will be shared

equally between the:– Creators– College– University

• Allocation of shares in spin-out companies– In some circumstances the creators may negotiate to receive shares in

entities into which the new IP has been licensed or assigned.• Where there are multiple creators a benefit sharing agreement

needs to be negotiated

Students• Participation in research should not interfere with the

assessment of the students academic performance• Any delays in the publication of the students thesis as a result

of a confidentiality agreement should be consistent with the Universities embargo policy

• University has a “Duty of Care” to its students

Scenarios

• Student has bright idea, normal supervision from University and technician support plus $300 from SEAT.– University owns IP– Student likely to be dominant Creator– Commercialisation pathway options

Scenarios

• Student has bright idea, supervisor makes significant creative contribution and technician support plus $300 from SEAT.– University owns IP– Student and Supervisor likely to be equal Creators– Commercialisation pathway options

Scenarios

• Student works on project, supervisor has the bright idea and makes creative contribution and technician support plus $300 from SEAT.– University owns IP– Supervisor dominant Creator – maybe 95:05– Commercialisation pathway options

Scenarios

• Company X has bright idea and they want confidentiality and IP benefits and fund direct expenses– University agree to assign IP to company– Report/thesis likely to be embargoed– Creators of IP would have patent in their name– Commercialisation managed by Company X – No benefit share to University & Creators unless agreed

upfront often as a result of background IP

Scenarios

• Company X has bright idea and they want confidentiality and IP benefits and fund direct expenses– University agree to assign IP to company– Report/thesis likely to be embargoed– Creators of IP would have patent in their name– Commercialisation managed by Company X – No benefit share to University & Creators unless agreed

upfront often as a result of background IP