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.

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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.

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ID Code: 37848
Item Type: Journal Article
Refereed: Yes
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
Copyright Owner: Copyright 2010 Nature Publishing Group
Deposited On: 14 Oct 2010 21:55
Last Modified: 30 Jun 2017 14:41

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