Identification, management and commercialisation of University-owned E&T intellectual property procedure

Intent

This procedure describes the University’s approach to the identification, management and commercialisation (exploitation) of E&T intellectual property where these processes are not pre-defined by agreements with other parties, and where the University has clear title to the ownership of the intellectual property.

It contains the mechanisms which are relevant for commercialisation of intellectual property created by staff at RMIT, the role of the University and its commercial companies. It also provides the means by which decisions concerning the ownership and development of intellectual property may be reviewed and endorsed through the operation of the Intellectual Property Committee

Scope

This procedure relates to all Education and Training (or Teaching and Learning) intellectual property in which RMIT University has an interest, including, but not limited to, E&T intellectual property created by University staff and students within and external to the University.

Exclusions

Procedures for identification, management, commercialisation pathway and exploitation of E&T intellectual property arising from the University’s industry-funded and/or Government entities and its participation in curriculum development/educational development initiatives are normally governed by the governing agreements and contracts established prior to the commencement of these projects or the University’s participation in such enterprises.

R&I intellectual property is covered by other procedures under this Intellectual Property Policy.

Procedure steps and actions

Procedure (including key points)

Responsibility

1. Identify new E&T intellectual property in which the University could have an interest.

Academic staff/ HoS/ PVC Portfolio

2. Identify any pre-existing or background intellectual property and intellectual capital that supports the new E&T intellectual property

Academic staff

3. Disclose E&T intellectual property in which the University could have an interest (including identification of applicable background intellectual property) to the Head of School (HoS), ProVice-Chancellor (PVC) of the relevant Portfolio.

Academic staff

4. Establish that the University has clear title to the ownership of the E&T intellectual property

HoS/ PVC Portfolio

5. Initial evaluation of the E&T intellectual property, and recommendation for approval to Intellectual Property Committee

HoS/ PVC Portfolio

6. Approval of the Intellectual Property Committee

    6.1. Further investigation or other activities as necessary to develop the intellectual property to a stage where an evaluation can be made.

    6.2. That the University should relinquish its interests in the E&T intellectual property.

    6.3. Strategies for further development, protection or exploitation of the E&T intellectual property should be prepared and implemented.

Intellectual Property Committee

7. Advise creators of the E&T intellectual property and appropriate PVC [Portfolio] of the decision of the Intellectual Property Committee

PVC (R&I)/Chair, Intellectual Property Committee

8. Does the University retain an interest in the E&T intellectual property?

    8.1. If NO, then no further action by University. Academic Staff advised that University will not proceed with commercialisation.

    8.2. If YES, then follow steps 9 to 15 below.

9. Agreed strategy and allocate costs for further development, protection or exploitation of the E&T intellectual property

Creators of the E&T intellectual property/ HoS/ PVC Portfolio/ RMIT Publishing/ RMIT Training

10. Commence protection process.

Legal Services Group

11. Prepare commercialisation proposal and business plan in conjunction with RMIT’s relevant commercial company.

Creators of the E&T intellectual property/ RMIT Publishing/ RMIT Training

12. Recommendations and commercialisation strategy presented to the Intellectual Property Committee for evaluation and endorsement.

Creators of the E&T intellectual property/ Intellectual Property Committee

13. Present recommendations from the Intellectual Property Committee to the Vice-Chancellor or the Vice Chancellor’s Executive for endorsement and approval as delegated, or to the University Council for approval

Essential steps in the approval process for proposals to commercialise E&T intellectual property include:

  • A recommendation to the Vice-Chancellor, through the Pro Vice-Chancellor (Research and Innovation), following endorsement of the proposal by the Intellectual Property Committee and the Planning and Finance Committee
  • Presentation of the complete proposal to the University Council for approval.

PVC (R&I)/ VCE/ Council

14. Confirm Vice Chancellor’s Executive or Council decision to creators of T&L intellectual property

PVC (R&I)

15. Implement commercialisation strategy

Creators of E&T intellectual property/ RMIT Publishing/ RMIT Printing

[Next: Supporting documents and information]