Faculty and employee ownership of inventions in Australia
Data(s) |
01/10/2010
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Resumo |
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. |
Formato |
application/pdf |
Identificador | |
Publicador |
Nature Publishing Group |
Relação |
http://eprints.qut.edu.au/37848/1/c37848.pdf DOI:10.1038/nbt1010-1019 McBratney, Amanda & Tarr, Julie-Anne (2010) Faculty and employee ownership of inventions in Australia. Nature Biotechnology, 28(10), pp. 1019-1022. |
Direitos |
Copyright 2010 Nature Publishing Group |
Fonte |
QUT Business School; School of Accountancy |
Palavras-Chave | #150307 Innovation and Technology Management #180115 Intellectual Property Law #Intellectual property #Ownership #Duty to invent #Duty to research #Commercialisation #Innovation |
Tipo |
Journal Article |