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Request to Transfer IP Rights to HDR Candidate Procedure

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Section 1 - Purpose

(1) To provide clear instructions on how HDR candidates can request to transfer the IP rights developed by them whilst studying at the University and assigned to the University on enrolment, and the criteria that will be taken into consideration when assessing the transfer request. (Refer to the ‘Students’ heading within the Intellectual Property Policy.)

Scope

(2) This Procedure applies to all University Members.

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Section 2 - Policy

(3) Refer to the Intellectual Property Policy.

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Section 3 - Procedures

Responsibilities and Required Actions

(4) This Procedure requires actions by the following:

  1. HDR Candidate;
  2. Manager Operations, HDRO; and
  3. Director, Commercialisation and Innovation.

(5) The steps and / or actions that must be undertaken include:

  1. advise HDRO in writing including reasons for request;
  2. confirm candidate’s enrolment;
  3. assess and consider application;
  4. approve or reject with reasons for decision;
  5. advise candidate and HDRO of outcome; and
  6. record in HDRO database.

HDR Candidate

(6) Advise HDRO in writing including reasons why transfer is sought.

(7) Criteria for transfer include but are not limited to:

  1. IP requested is outside University core IP and the University has no foreseeable plans or capability to commercially exploit the IP;
  2. the HDR Candidate has the capacity to access the investment required to exploit the requested IP;
  3. the HDR Candidate has a well-developed business plan which will have a reasonable chance of attracting the investment required to exploit the requested IP;
  4. IP has little value in its current form, requiring substantial funding to render it investment ready and the prospects of the University securing that funding are low; or
  5. the HDR candidate has access to non-University IP that is likely to enhance the exploitation value of the University IP.

Manager Operations, HDRO

(8) Confirm the HDR candidate’s enrolment and forward request to Director, Commercialisation and Innovation for assessment.

(9) Advise candidate of outcome.

(10) Record in HDRO database for statistical record.

Director, Commercialisation and Innovation

(11) Assess and consider application.

(12) Approve or reject with reasons for decision.

(13) Advise HDRO of outcome.

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Section 4 - Guidelines

(14) Nil.

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Section 5 - Definitions

(15) Commonly defined terms are located in the University Glossary. Definitions specific to this Procedure are contained in the Intellectual Property Policy.