IPA-FORM-01 Updated 1 April 2019 Page 4 of 4
EXTRACT FROM JCU INTELLECTUAL PROPERTY POLICY (STUDENT IP)
4. Ownership and Assignment of Intellectual Property – Students
4.1 The University makes no claim to automatic ownership of intellectual property created by
students in the course of their studies at the University.
4.2 A student cannot be required to assign his or her intellectual property to the University unless he
or she is permitted to make an informed decision, freely and with consent.
4.3 If a student wishes to participate in any activity which:
(a) Is governed by an agreement with a third party which affects the intellectual property or moral
rights of participants, or
(b) Involves staff or other students and has led to the creation, or is likely in the future to lead to the
creation, of intellectual property that is capable of commercial exploitation, then, before the student is
permitted to participate in the activity:
4.3.1 The Head of School must give approval to the student’s participation and advise the
Intellectual Property Officer accordingly;
4.3.2 The University may, as a condition of the student being allowed to participate in the activity,
require the student to:
(a) Assign the student’s intellectual property to the University, except for copyright in the student’s
thesis or in scholarly publications authored by the student;
(b) Agree to restrictions on the use of his or her intellectual property and the production of
publications that include or are based on his or her intellectual property, including:
(i) Keeping research results confidential,
(ii) The examination of the student’s thesis in confidence,
(iii) The subsequent restricted storage of the student’s thesis for a period of up to eighteen months,
(iv) Consent to the infringement of the student’s moral rights.
4.4 The University, through the person in charge of the activity, the student’s supervisor(s) and the
Research Office, has a responsibility to ensure that the student is notified about the requirements of
participating in the activity, including all those matters covered in Section 4.3. The University strongly
recommends that students seek independent legal advice prior to entering into any deed of
assignment of intellectual property. The University will underwrite reasonable requests for assistance
with independent legal advice.
The student has the responsibility to inform the University of any impediments to the student’s fulfilling
the requirements under Section 4.3, including any claims to the student’s intellectual property by his or
her employer or scholarship provider.
4.5 If the student declines to comply with its requirements under Section 4.3, the University has the
right to refuse to permit the student to participate in the activity. If it does so, the University will give the
student all reasonable assistance in identifying an alternative activity.
4.6 In the event that a student is participating in a research project that involves staff or other
students and that has led to the serendipitous creation of intellectual property that is capable of
commercial exploitation, and the requirements of Section 4.3.2 have not been met, the University may
require that the requirements of Section 4.3.2 be met.
4.7 Where a student solely creates and owns intellectual property which he or she believes to be
capable of commercial exploitation, the student may ask the Intellectual Property Officer for the
University’s involvement in its commercial exploitation. The University will require the student to assign
ownership of the intellectual property to the University as a precondition of the University so becoming
involved, and the terms of Section 11 will otherwise apply.
4.8 The University recognises that when a student assigns his or her intellectual property to the
University it has an obligation to ensure that the student receives a share in any commercial benefits in
accordance with Section 12, and in the process be treated no less favourably than originators who are
employed by the University.
