9. Intellectual property

9.1. IP principles

The University’s approach to intellectual property is guided by the following fundamental IP principles:

  • Respect for a balance between the public interest in access to and use of intellectual property and protection of the moral and economic interests of creators and originators
  • Encouragement of an environment in which teaching, learning and research will flourish
  • Support for the concept of open access to knowledge, ideas and cultural expression wherever possible for the benefit of the entire community.

9.2. IP generated within the University and commercialisation

The Governance and Administration Statute 2012 and the Intellectual Property Regulations 2012 govern the ownership, use, commercialisation and sharing of benefits of intellectual property created by staff, students, academic visitors and participants in research projects.

University decisions in relation to intellectual property generated within the University and the exercise of the University’s relevant functions and powers under the Governance and Administration Statute 2012 and the Intellectual Property Regulations 2012 are guided by:

  • The University's IP principles, above
  • The desire to foster the creation, identification and exploitation of intellectual property within the University community
  • The desire to maximise the benefits arising from research and to facilitate, where appropriate, the commercialisation of intellectual property created by the University's staff and students
  • The ability of originators to participate in and influence decisions regarding the commercialisation and use of intellectual property they have created
  • Recognition that originators are entitled to an equitable share of any financial returns from commercialisation
  • Encouragement and development of institutional growth, progress and success through ventures with the private and public sectors.

Table of roles and responsibilities (VC delegation)

Role/Decision/ActionResponsibility*Conditions and limitations
Guidelines on the implementation and administration of the intellectual property provisions of the Governance and Administration Statute 2012, the Intellectual Property Regulations2012 and this policy. Intellectual Property Officer
  • The guidelines must be published.
  • Must comply and be consistent with University legislation and policies.
Intellectual Property Officer DVC(R&D)  

*(Staff holding, acting in or performing the responsible position or office)

9.3. Copyright – resources, materials and compliance

The University and staff and students of the University are both creators and consumers of copyright material. These activities are governed by the Australian Copyright Act 1968 (Cth). The University is committed to ensuring that its staff and students are provided with information about the requirements of copyright legislation and contractual commitments when accessing and using material protected by copyright.

The University owns and asserts copyright over all copyright material created by employees as part of their employment and otherwise created, sent or received by users over the University network.

Copyright management throughout the University is guided by:

  • The University’s IP principles
  • A commitment to providing access to the knowledge of the world for the University’s staff and students
  • Promotion of the effective use of information resources by the University community
  • Encouragement of open access to copyright material to support education and the transfer of knowledge, ideas and cultural expression throughout the world
  • The desire to support the use of copyright material to encourage the teaching, learning and research activities of the University
  • Support for an effective voice for public interest perspectives in the copyright debate through the University’s membership of Universities Australia and the Australian Digital Alliance.

Table of roles and responsibilities (VC delegation)

Role/Decision/ActionResponsibility*Conditions and limitations
Guidelines on copyright, including statutory licences, copying material to assist print disabled persons, commercial agreements, permissions, licences, file sharing, moral rights and takedown notices.

University Copyright Officer

  • Any guidelines must be published.
  • Must comply and be consistent with University legislation and policies.

*(Staff holding, acting in or performing the responsible position or office)

9.4. Trade marks

The University’s marks are of value to the University and have considerable goodwill.

The University protects its marks by only authorising third party use of Swinburne marks on the basis that:

  • No proprietary interest in the marks is granted
  • The whole of the goodwill associated with the marks, whether now existing or arising in the future, is the sole and exclusive property of the University
  • Marks must not be used in a misleading or deceptive way
  • The use must not falsely represent or imply University endorsement of products or services
  • The use must not purport to bind the University or make any representations on its behalf
  • The user must not use or apply for registration of any similar marks or names containing Swinburne marks.

Table of roles and responsibilities (VC delegation)

Role/Decision/ActionResponsibility*Conditions and limitations
Guidelines on the licencing and use of University marks. Chief Marketing Officer
Decisions to apply for registration of trade marks Vice-President (Students)

*(Staff holding, acting in or performing the responsible position or office)


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