• Section 1 - Purpose
• Section 2 - Overview
• Section 3 - Scope
• Section 4 - Policy
• Responsibilities
• Review
• Section 5 - Procedures
• Section 6 - Definitions

Section 1 - Purpose

(1) To describe the rights, roles and responsibilities of RMIT, staff, affiliates and students in relation to intellectual property (IP).

Section 2 - Overview

(2) RMIT Statute No.1, Part 10 states RMIT’s position on ownership of intellectual property created by staff and students. This policy prescribes how RMIT declares and protects its rights and those of its staff, students and affiliates by detailing IP ownership and the conditions for protecting and commercialising IP.

(3) RMIT recognises and respects the significance of Indigenous Culture and Intellectual Property (ICIP) creation, practices, innovations, and cultural expressions.

Section 3 - Scope

(4) The policy applies to all staff, students and affiliates of the University and its controlled entities (known as the RMIT Group).

Section 4 - Policy

(5) Protection and commercialisation of IP:

1. protects the rights of RMIT and members of the RMIT Group in line with our commitment to Responsible Practice
2. fosters an innovative culture in which the creation of IP and entrepreneurial endeavour are valued and rewarded
3. enables use and exploitation of RMIT’s IP by industry, government and community for local, national and global benefit
4. facilitates timely transfer of research to industry, government and community.

(6) Excluding the copyright in scholarly works, RMIT asserts ownership of IP as follows:

1. IP created:
   1. by an employee of the RMIT Group in the course of their employment, or
   2. using RMIT resources, IP or funding, or 
   3. by a team including RMIT staff
2. IP created by an affiliate of the RMIT Group where it involves the use of RMIT resources, IP or funding or is generated by a team including RMIT staff
3. IP created by students who are also staff where the IP has been created in the course of their employment
4. IP created by students under any research project or activity undertaken within RMIT or a third party collaborator of RMIT, except for student academic works.

(7) In the absence of a specific agreement to the contrary, the author of scholarly works in clause 6 grants RMIT a perpetual, royalty free, non-exclusive licence to reproduce and use those scholarly works for the purposes of teaching and research.

(8) In the absence of a specific agreement to the contrary, the author of course materials owned by RMIT has a non-exclusive, non-transferable, royalty-free licence to use such works for the purpose of their own teaching, education or research, and to release such works under an open licence (subject to clause 12 of the Open Scholarship Policy and clause 16 of the Open Scholarly Works Dissemination Procedure) but may not sub-licence or assign such works for any other purposes.

(9) RMIT does not assert ownership over pre-existing intellectual property.

(10) RMIT acknowledges the moral rights of the authors of IP in accordance with the Copyright Act 1968 (Cth). 

(11) For any work owned by RMIT in which moral rights may apply, the author of that work waives all moral rights the author may have in relation to that work, acknowledges that RMIT may amend that work without the consent of the author and consents to acts undertaken by or on behalf of RMIT which would otherwise infringe the moral rights of the author.

(12) RMIT recognises the significance of Indigenous Cultural and Intellectual Property, and that it must be respected, protected and recognised. To that end, RMIT will ensure that:

1. assignment of rights and interests and commercialisation practices related to IP recognise and protect the rights and interests of Indigenous Knowledge holders and custodians
2. IP derived from or with Indigenous peoples (including Aboriginal and Torres Strait Islander individuals, communities or groups) recognises, respects and values connection to place
3. IP commercialisation practices in Australia comply with the AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research and RMIT’s Indigenous Research Plan.

(13) RMIT has the sole right to protect and commercialise any IP over which it asserts legal and beneficial ownership and may assign or license such IP to third parties, with the right to sub-license, unless otherwise agreed in writing.

(14) RMIT endeavours to make decisions about the protection and commercialisation of IP in consultation with creators.

(15) RMIT’s commercialisation of IP ensures due reward to members of the RMIT group who created the IP.

(16) RMIT asserts legal and beneficial ownership of IP developed by students who are also staff where the IP has been created in the course of their employment, unless agreed otherwise in writing by the Deputy Vice-Chancellor Research and Innovation.

(17) Disputes arising over IP are dealt with under the Intellectual Property Committee's Terms of Reference. 

Responsibilities

(18) The Deputy Vice-Chancellor Research and Innovation is responsible for the implementation of this policy.

(19) The Intellectual Property and Commercialisation Team is responsible for the administration of the Intellectual Property  Policy, for education and information relating to IP, for the commercialisation of RMIT’s IP, the management of RMIT’s IP assets, and the disbursement of net revenue.

Review

(20) This policy and related procedure will be reviewed every five years.

(21) The procedure and resources associated with this policy may be reviewed at any time at the discretion of the Deputy Vice-Chancellor Research and Innovation.

Section 5 - Procedures

(22) Intellectual Property Procedure.

Section 6 - Definitions