Statute 11. 2 – Intellectual Property

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Statute 11.2 – Intellectual Property

Made by the Monash University Council

Version incorporating amendments as at 10 July 2013

1. Interpretation

1.1 In this statute and any regulation made pursuant to it, unless the contrary intention applies -

'circuit layout' means a circuit layout as defined by the Circuit Layouts Act 1989 (Cth).

'Committee' means the Intellectual Property Committee established pursuant to section 4 or 1A as the case requires.

'computer program' means a computer programme as defined in the Copyright Act 1968 (Cth).

'confidential information' means information of any kind which, because of its confidential character, is capable of protection by contractual or equitable means, and includes information of a valuable commercial or technical character.

'copyright work' means any 'artistic work', 'literary work', 'dramatic work', 'musical work', 'sound recording', 'cinematograph film', 'television broadcast', 'sound broadcast' or 'published edition of work' as those terms are defined by the  Copyright Act 1968 (Cth) and the respective definitions of those terms have the respective meanings ascribed to them in that Act.

'course material' means any copyright work created by an originator in the circumstances referred to in section 2.1.1 specifically for use in, or in connection with a course, subject or unit offered or to be offered by the University, or by Open Universities Australia Pty Ltd.

'design' means a design as defined by the Designs Act 1906 (Cth).

'eligible layout' means an eligible layout as defined by the Circuit Layouts Act 1989 (Cth).

'intellectual property' means any copyright work, circuit layout, eligible layout, design, patent, invention, confidential information, know-how, plant variety, trade mark or other insignia of origin, and any related right.

'intellectual property officer' means the person appointed by the vice-chancellor and president pursuant to section 5 or 1A as the case requires.

'invention' means an invention (whether or not qualifying for registration) under the Patents Act 1958 (Cth) or the Patents Act 1990 (Cth).

'originator' means any person who creates, whether or not in conjunction with another person, intellectual property referred to in section 2.1.

'patent' means a patent within the meaning of the Patents Act 1958 (Cth) or the Patents Act 1990 (Cth) and includes a standard patent or a petty patent.

'plant variety' means a plant variety whether or not qualifying for a grant under the Plant Variety Rights Act 1987 (Cth).

'resources' includes administrative support and other human resources.

'scholarship' includes a fellowship, and a scholarship awarded by the University, a department, centre or other unit of University organisation, or a person or body external to the University.

South Africa’ means Monash South Africa Limited which operates as the Monash South Africa campus of the University.

'specific contribution' in relation to the creation of intellectual property excludes a scholarship and means funding, resources, facilities or apparatus which is earmarked for the purpose of creating the intellectual property.

'student' means, despite anything to the contrary in any other statute or regulation, a person who creates intellectual property in the course of the person's studies or research at the University undertaken in pursuance of a degree, diploma, or unit offered by the University.

Sunway’ means Monash University Sunway Campus Malaysia Sdn Bhd (Malaysian Company No. 458601-U) which operates as the sunway campus of the University in Malaysia, located at Bandar Sunway in the state of Selangor and at its other sites.

'trade mark' means a trade mark as defined by the Trade Marks Act 1995 (Cth) whether or not registered under that Act.

1.2 A reference in this statute to a Commonwealth Act is a reference to an Australian Act and includes a reference to the Act as amended, re-enacted or remade (with or without modification), re-enacted or remade (with or without modification) and subsequently amended, or if the Act is repealed and not re-enacted or remade, the Act as in force immediately before it is repealed.

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