FACT BOX

• Policy owner: President
• Policy category: Management
• Approval body: Executive Management Team
• Endorsement body: Executive Management Team

PURPOSE

This policy outlines the processes for the protection, advancement, and transmission of knowledge generated in connection with learning, teaching, research, and scholarship at Global Leadership Institute (GLI). 

SCOPE

All past and current staff, students, and affiliates

PRINCIPLES

GLI is committed to:

• adhering to GLI values and Code of Conduct Policy;
• fostering a culture of innovative learning, teaching, research, and scholarship with positive end-user impact;
• recognising and respecting First Nations Peoples culture and intellectual property;
• recognising and respecting the moral rights of intellectual property creators of copyright works.

 

DEFINITIONS

 Affiliate: visiting academics and researchers, honorary associates, and contractors of GLI.

Commercialise: legal rights exclusively granted to the holder of intellectual property rights in with the intellectual property right subsists, including sub-licenses. This includes any method, process, product, substance, document, or information to make, distribute, market, sell, lease, supply, or otherwise dispose of it. 

Creator: any staff, student, or affiliate who create or co-create any intellectual property. This includes those entitled to be named as inventors for the purpose of patent applications and authors for the purpose of copyright law.

Intellectual Property: all rights, whether registered or registrable (and including rights of registration and applications for registration) including, but not limited to:

• copyright;
• inventions and scientific discoveries;
• trademarks;
• designs;
• trade secrets;
• plant breeder’s rights; and
• any other rights as defined in Article 2 of the Convention (14 July 1967) establishing the World Intellectual Property Organisation (as amended from time to time).

GLI Resources: includes, but is not limited to GLI premises, facilities, monies, services, equipment, staff time, paid leave, support staff and intellectual property owned by or licenced to GLI.

Staff: employee or official of GLI.

Student: person enrolled in a course at GLI, including exchange and audit students (unless context dictates otherwise).

Education materials: means all materials produced for teaching at GLI e.g. lecture material, curriculum, handouts, study guides, software, and assessment materials. Personal notes not distributed to students are excluded.

Works: includes, regardless of format (e.g. printed, digital, multi-media, web content), literary (e.g. article, book, manuscript, manual, creative piece), artistic, films, television, radio, publications, computer programs, and any other form in which copyright exists.

STAFF

Except as otherwise specified in this policy or in a written agreement, GLI owns all intellectual property developed or created by staff:

• in the course of their employment at GLI; or
• when using GLI resources (subject to any approvals granted);
• at the specific request or direction of GLI; or
• as part of an activity funded or provided by GLI.

Intellectual property created in or during employment at GLI includes, but is not limited to, intellectual property created:

• in education materials;
• while participating in works funded by GLI;
• where intellectual property is a component of intellectual property generated by a team of which the staff member is part; or
• where creation has resulted from the use of any intellectual property created or owned by GLI.

STUDENTS

GLI owns intellectual property for works by students if created or developed:

• jointly with GLI staff;
• using GLI resources;
• using intellectual property already owned by or licensed to GLI;
• as specified and agreed to in writing by the student.

Subject to the terms of any agreement to the contrary, GLI does not assert ownership of works created by students in circumstances outside those described above. The owner of such works grants to GLI a non-exclusive, free, irrevocable licence to use such intellectual property and to sub-licence other parties to do so. Where a staff member is also a student, the student status takes precedence where the subject matter of the study and employment is similar.

AFFILIATES

GLI owns intellectual property for works by affiliates if created or developed:

• jointly with GLI staff;
• while working on GLI education materials or other projects;
• using GLI resources;
• from the use of intellectual property created or owned by GLI.

Subject to the terms of any agreement to the contrary, GLI does not own works created by affiliates in circumstances outside those described above. The owner of such works grants to GLI a non-exclusive, free, irrevocable licence to use such intellectual property and to sub-licence other parties to do so.

FIRST NATIONS PEOPLES AND TRADITIONAL KNOWLEDGE

Staff and students involved in the creation or development of intellectual property at GLI shall ensure that they are respectful of and correctly acknowledge First Nations Peoples spiritual and cultural beliefs. Traditional knowledge or intellectual property is to be acquired from First Nations Peoples on terms that are fair and with the agreement of the people from whom the knowledge or intellectual property is acquired. Use or acquisition of traditional knowledge (including making a written, visual, or audio record) must be respectful of the secrecy or confidentiality obligations imposed on the material by the traditional owners. GLI is also committed to protecting First Nations Peoples and traditional knowledge as being the intellectual property of First Nations Peoples.

EDUCATION MATERIALS

GLI owns intellectual property in education materials created for GLI by staff, students, and affiliates. GLI grants to the creator a perpetual, personal, royalty free, non-exclusive, non-transferable licence to use such education materials generated by that creator (but not to the extent that such education materials are generated or contributed to by other staff, students, or affiliates) solely for teaching and research only at other educational institutions. The creator may not use the education materials at institutions in direct competition with GLI and may not sublicense all or any part of the education materials to others to generate royalties or license fees.

COMMISSIONED WORK

Subject to any written agreement to the contrary, GLI owns all intellectual property that it has specifically commissioned a staff member, student, or affiliate to create or develop for GLI’s purposes. A commission will be evident if an agreement is in place which includes provision for a financial benefit or a period of release from teaching duties.

WORKS NOT SPECIFICALLY COMMISSIONED OR CREATED IN LINE WITH AN AGREEMENT

Without limitation to any other provision of this policy, GLI owns all education materials and works which were created or developed:

• for a GLI course by staff, students, or affiliates;
• using intellectual property already owned by GLI; and
• with use of GLI resources.

PRE-EXISTING INTELLECTUAL PROPERTY

GLI does not assert ownership over pre-existing intellectual property created by staff or contractors unless such intellectual property is of a kind that GLI owns or is entitled to own of pursuant to this policy or pursuant to any other agreement.

COMMERCIALISATION OF INTELLECTUAL PROPERTY

Commercialisation of GLI intellectual property may be undertaken in collaboration with the creator/s of the intellectual property and in accordance with this policy. It is solely GLI’s discretion whether to commence, continue, or exit from commercialisation activities. GLI ensures that the research is utilised for benefit to society and supports researchers in their commercial endeavours.

DISTRIBUTION OF COMMERCIALISATION REVENUES

If GLI commercialises any of its intellectual property, GLI will distribute a share of net commercialisation revenues to creators who have a recognised interest in the intellectual property that has earned that revenue. Net commercialisation revenues will be distributed in the following manner:

• 50% to be shared among all the creators (staff, students, and/or affiliates);
• 25% to the GLI research centre (where applicable) for use as the research centre director determines in line with the strategic objectives of GLI;
• 25% to GLI for its general purposes, with the expectation that it will be used to foster research.

KEY STAKEHOLDERS

Staff, students, affiliates

PROCEDURES

ASSESSMENT

GLI will advise the creator(s) whether GLI intends to proceed with registered protection and/or commercialisation of the intellectual property disclosed within a reasonable time-period. Where GLI chooses to proceed, GLI will usually:

• require a written confirmation of intellectual property assignment from the creator(s);
• pay the costs of protection and/or commercialisation of intellectual property or arrange for a third party to do so.

Nothing compels an intellectual property owner to assign intellectual property ownership to GLI if the Institute has no legal claim to the intellectual property. However, GLI will not usually proceed with or fund the protection or commercialisation of intellectual property where it does not hold relevant ownership rights. GLI reserves the right to revise a previous decision to proceed with the protection and/or commercialisation of intellectual property. GLI will advise the creator of its decision in writing. If GLI decides not to proceed, the creator(s) may apply for protection and/or commercialisation of the intellectual property or assign it to a third party at their own cost.

USE

GLI may assess, protect, commercialise, acquire, assign, license, defend, or enforce its rights concerning intellectual property. Staff, students, and affiliates have a duty to comply with all reasonable requests by GLI concerning intellectual property relating to GLI. GLI may require the creator(s) to sign a confidentiality agreement in relation to unprotected intellectual property or assign ownership of improvements based on unprotected intellectual property of GLI.

GRIEVANCES AND APPEALS

All grievances and appeals related to assignment and use of intellectual property should follow the Student Grievance and Appeals Policy or Staff Grievance Policy as relevant.