• Section 1 - Purpose
• Scope
• Section 2 - Policy
• Section 3 - Procedures
• Section 4 - Guidelines
• Section 5 - Definitions

Section 1 - Purpose

(1) This Procedure outlines the process for requesting assignment of University Intellectual Property (IP) rights (including title and other rights) to a third party and the criteria used to assess such requests.

Scope

(2) This Procedure applies to University Members.

(3) This Procedure also applies to the activities of staff in Macquarie Commercialisation.

Section 2 - Policy

(4) Refer to the Intellectual Property Policy.

Section 3 - Procedures

(5) A request to assign IP rights to a third party may be approved if one or more of the following criteria apply:

1. there is significant strategic value to the University in doing so;
2. the Third Party holds substantial pre-existing IP which is likely to provide a freedom to operate issues for commercialisation of the University IP;
3. the cost of protecting the IP will exceed the estimated revenue that the University would receive from the commercial exploitation of the IP;
4. the assignment is a conversion from a licence after meeting agreed commercial performance milestones;
5. the IP is developed while staff member is on an approved Outside Studies Program (OSP) in industry; and/or
6. the Third Party pays full commercial charge-out rates for the development of the IP. Commercial rates are those approved by the Deputy Vice-Chancellor (People and Operations) reflecting the full cost to the University of providing the research.

(6) A University Member must submit a written request to Macquarie Commercialisation including reasons for the request, relevant documentation and justification based on the criteria above.

(7) Macquarie Commercialisation will assess the request, approve or reject it, and provide written feedback including reasons for the decision.

Section 4 - Guidelines

(8) Nil.

Section 5 - Definitions

(9)  The following definitions apply for the purpose of this Procedure:

1. University Member means a University Employee, Student, Associate or Visitor.