9. Intellectual property

9.1. IP generated within the University

The  Intellectual Property Regulations 2017 set out guiding principles and govern the ownership, use, commercialisation and sharing of benefits of intellectual property created by staff, students, academic visitors and participants in research projects.

Table of roles and responsibilities (VC delegation)

Role/Decision/ActionResponsibility*Conditions and limitations
Guidelines on the implementation and administration of the Intellectual Property Regulations 2017

Intellectual Property Officer

The guidelines should be prepared based on the advice of an intellectual property committee established by the Vice-Chancellor and chaired by the Intellectual property Officer or nominee. 

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)

Guidelines on the implementation and administration of the Intellectual Property Regulations 2017.

9.2. 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.

Other than copyright in certain “scholarly works”, the University owns and asserts copyright over all copyright material created by employees in the course of their employment.

Copyright management throughout the University is guided by:

  • The University’s IP principles set out in the Intellectual Property Regulations 2017
  • 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)

 

9.3. 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 licensing and use of the University brand and marks.

Chief Marketing Officer

The guidelines must be published.
Must comply and be consistent with University legislation and policies.
Decisions to apply for registration of trade marks.

Chief Marketing Officer

In consultation with General Counsel.

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