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ssignment of Student IP to the University
2.
ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS AND LICENCE OF BACKGROUND
I
NTELLECTUAL PROPERTY
2.1.1
The Student hereby assigns to the University all his/her entire right, title and interest in any Intellectual
Property Rights in respect of the Project Intellectual Property in the Research and Materials.
2.1.2
The Student:
(a)
acknowledges that no additional documentation is necessary to complete the assignment made
under t
his clause and by virtue of this clause all existing and future Intellectual Property Rights in th
e
R
esearch and Materials (i.e. the Project Intellectual Property) vest in the University upon their
creation.
For the avoidance of doubt any Intellectual Property developed by the Student prior to enrolment as
a candidate for a postgraduate research degree at the University, or outside the scope of the
Research, will remain vested in the Student (see also Section 5).
(b)
must do all things reasonably requested by the University (at the latter’s expense) to enable the
U
niversity or its assignee or licensee to assure and/or exploit further the Intellectual Property Rights
assigned under this clause.
2.1.3
Where the Student is the owner of Background Intellectual Property and that Background Intellectual
Property is utilised in the Research, the Student will identify and disclose details of the Background
Intellectual Property in the Annexure attached to this Agreement.
2.1.4
Where the Background Intellectual Property is a necessary adjunct to commercialisation of the Project
Intellectual Property the Student, by separate agreement with the University (upon commercial terms to
be agreed by the parties) agrees to grant to the University an irrevocable, world-wide licence (including a
right of sub-licence) to use the Background Intellectual Property for commercialisation of the Project
Intellectual Property.
3.
EXPLOITATION AND ROYALTIES
3.1
Where, in its absolute discretion, the University wishes to exploit the Project Intellectual Property,
Research and/or Materials, it shall use all reasonable efforts in doing so. All royalties or other proceeds
of exploitation, whether by licensing or sale of the Project Intellectual Property associated with the
Research or otherwise, will be received by the University and shall be distributed in accordance with the
University’s Intellectual Property Policy. Any changes in the conditions governing the distribution of any
royalty income will only be made with the approval of both Parties to this Agreement.
3.2
As outlined in the University’s Intellectual Property Policy, where the University determines not to
commercially exploit the Project Intellectual Property the University shall within a reasonable period
reassign the Intellectual Property Rights in the Project Intellectual Property to the Student.
4.
PUBLICATION & REPORTING
4.1
Where the University is of the view that it is desirable to do so, it will take reasonable steps to protect the
P
roject Intellectual Property to ensure that patent or other protection may be obtained while the Student’s
thesis is in preparation and before any disclosure. Such steps shall not, however, involve delay in the
submission of the thesis nor the excision of material from the thesis that represents an essential or
significant part of the Student’s work, nor the prevention of the assessment of the thesis under the
University’s usual procedures. Copyright in the Student’s thesis shall be retained by the Student.
4.2
In accordance with University policy, Public access to the thesis may be restricted for a limited period (not
exceeding 12 months) to enable the Parties to arrange for protection of any commercial Intellectual
Property arising from the results of the Research.
4.3
The Student must immediately report any Intellectual Property Rights in the Research and Materials
created by the Student to his/her supervisor.
5.
DEVELOPMENTS
The Student acknowledges that any future developments of Intellectual Property Rights in the Project Intellectual
Property, Research or Materials made by the University, its employees, students, agents, affiliates or sub-
contractors will immediately vest in the University upon their creation.