Intellectual property arrangements
Intellectual Property (IP) is defined as all rights and outcomes resulting from intellectual activity, whether capable of being protected by statute, common law or in equity and includes, but is not limited to, all inventions, discoveries, innovations, technical information and data, prototypes, processes, improvements, patents, circuit layouts, computer programs, drawings, plans, specifications, copyright, trademarks, designs (whether registrable or not), know how, plant variety rights and any other confidential or commercially valuable information.
In partnering with industry or collaborating with other institutions, UTS classifies IP into two kinds:
- background IP and
- project (or foreground) IP.
Background IP is existing knowledge, experience, inventions, publications, and any other kind of IP already known to a party. Each party always retains full ownership of their background IP, and controls the manner in which it is provided for the conduct of a research project.
Project IP is new IP generated as a result of conducting research. Project IP can take many forms, including registrable IP such as patents and trademarks, or non registered IP such as trade secrets and know-how.
There are various arrangements for ownership of project IP. An early discussion with a business development manager from the Industry Engagement and Commercialisation Team is highly recommended to determine the arrangements that may apply to your individual situation.
