QUT ePrints

Faculty and employee ownership of inventions in Australia

McBratney, Amanda & Tarr, Julie-Anne (2010) Faculty and employee ownership of inventions in Australia. Nature Biotechnology, 28(10), pp. 1019-1022.

View at publisher

Abstract

A recent decision by the Australian High Court means that, unless faculty are bound by an assignment or intellectual property (IP) policy, they may own inventions resulting from their research. Thirty years after its introduction, the US Bayh-Dole Act, which vests ownership of employee inventions in the employer university or research organization, has become a model for commercialization around the world. In Australia, despite recommendations that a Bayh-Dole style regime be adopted, the recent decision in University of Western Australia (UWA) v Gray1 has moved the default legal position in a diametrically opposite direction. A key focus of the debate was whether faculty’s duty to carry out research also encompasses a duty to invent. Late last year, the Full Federal Court confirmed a lower court ruling that it does not, and this year the High Court refused leave to appeal (denied certiorari). Thus, Gray stands as Australia’s most faculty-friendly authority to date.

Impact and interest:

0 citations in Scopus
Search Google Scholar™
0 citations in Web of Science®

Citation countsare sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

86 since deposited on 14 Oct 2010
27 in the past twelve months

Full-text downloadsdisplays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 37848
Item Type: Journal Article
Additional Information: NOW PUBLISHED IN OCT V28 N10 issue which is listed onloine as the current volume. http://www.nature.com/nbt/journal/v28/n10/pdf/nbt1010-1019.pdf
Keywords: Intellectual property, Ownership, Duty to invent, Duty to research, Commercialisation, Innovation
DOI: 10.1038/nbt1010-1019
ISSN: 1546-1696
Subjects: Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > BUSINESS AND MANAGEMENT (150300) > Innovation and Technology Management (150307)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2010 Nature Publishing Group
Deposited On: 15 Oct 2010 07:55
Last Modified: 01 Mar 2012 00:20

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page