• Section 1 - Background
• Section 2 - Purpose
• Section 3 - Scope / Application
• Section 4 - Policy Statement and Principles
• Ownership of Staff Generated Intellectual Property
• Ownership of Student Geerated Intellectual Property
• Ownership of Affiliate Generated Intellectual Property
• Indigenous Cultural and Intellectual Property (ICIP)
• Creative works
• Moral Rights
• Open Education
• Third Party Copyright Material
• Intellectual Property Disclosure
• Itellectual Property Commercialisation
• Section 5 - Disputes
• Section 6 - Roles and Responsibilities
• Section 7 - Review
• Section 8 - Further Assistance
• Section 9 - Definitions

Section 1 - Background

(1) This Policy establishes sound principles for the encouragement of invention, creative work and technology transfer. The Policy promotes compliance with intellectual property laws, and sets out how Australian Catholic University governs intellectual property rights in order to meet its initiatives. 

(2) This Policy describes the principles of ownership, licensing, management, commercialisation and use of Intellectual Property (IP) at ACU.

Section 2 - Purpose

(3) The purpose of this Policy is to:

1. clearly articulate who owns IP under most circumstances at ACU;
2. foster an environment that encourage the creation and development of IP:
3. outline ACU’s position on the use of Third Party Material, including compliance requirements, in accordance with related procedures: Copyright Use of Third-Party Works Procedure, Copyright Notice and Takedown Notice Procedure, and Copyright Notices Signage Procedure; and
4. Provides for the appropriate distribution of the proceeds of successfully commercialised intellectual property.

(4) ACU wishes to create a climate for innovation and invention, and to create a climate of creativity for the creation of artistic works.

(5) ACU will develop procedures to support the protection and commercialisation of IP consistent with the following principles:

1. to facilitate engagement with external partners;
2. to support research including entrepreneurial and commercial endeavours;
3. to enable ACU and University Members to receive a monetary benefit from commercialisation of IP; and
4. to identify and manage appropriately risks to ACU associated with IP rights and entitlements, including commercialisation.

Section 3 - Scope / Application

(6) Intellectual Property (IP) means all current and future intellectual and industrial property rights and interests throughout the world, whether registered or unregistered.  This includes, without limitation:

1. Trademarks, multimedia subject matter, service marks and commercial names and designations (see the Trade Marks Act 1995 (Cth));
2. designs;
3. patents and inventions;
4. plant breeder’s rights (see the Plant Breeder’s Rights Act 1994 (Cth));
5. circuit layouts (see the Circuits Layout Act 1989 (Cth));
6. literary works (including computer programs), artistic works, music and scientific works;
7. legally enforceable rights in relation to confidential information, trade secrets, know-how and analogous rights; and
8. all rights as defined in Article 2 of the Convention Establishing the World Intellectual Property Organization (see TRT/CONVENTION/001) of 14 July 1967, as amended from time to time, including all statutory and other proprietary rights, any common law rights, and rights to apply for registration of any such rights.

(7) For clarity, copyright (Copyright Act 1968 (Cth)) is a distinct category of property.  It protects the original expression of ideas in material form (e.g., written text, diagrams, images, data compilations).  Copyright does not extend to the background intellectual property, underlying ideas, discoveries or inventions described in such material.  Where research gives rise to patentable inventions or other forms of intellectual property, the university may claim ownership of those rights in accordance with clause (6), while the author retains copyright of the written or creative work itself. 

(8) This Policy applies to IP created by past and present University Members in the course of their membership. It may also be applied to others by adoption or agreement.

(9) This Policy operates subject to any applicable legislation, enterprise agreements, industrial instruments, contracts, or other binding agreements entered into by the University. To the extent of any inconsistency, the terms of those instruments or agreements prevail.

(10) Where it is considered appropriate having regard to the circumstances of the project, the interests of the University, and any relevant legal, contractual or commercial considerations, the Deputy Vice-Chancellor (Research and Enterprise) may, on a case-by-case basis, approve variations to or exemptions from the operation of this Policy in relation to the ownership, protection, or commercialisation of IP.

(11) Any variation or exemption approved under clause (10) must be documented in writing and will not create a precedent for other projects or arrangements.

Section 4 - Policy Statement and Principles

Ownership of Staff Generated Intellectual Property

(12) Except where the work incorporates significant Indigenous Cultural and Intellectual Property (ICIP), ACU asserts ownership of, and requires assignment of, Intellectual Property created by Staff in the following circumstances:

1. IP created by staff in the course and scope of their employment, excluding scholarly works (see clause (13);
2. copyright work created by staff in the course of their employment, including but not limited to documents, teaching materials, PowerPoints, recorded lectures, memoranda, letters, administrative reports, meeting minutes, course outlines, final examinations lab manuals and works;
3. work created by or on behalf of ACU or a Faculty / Directorate by Affiliates for the specific use of ACU or a Faculty / Directorate;
4. work commissioned by ACU; and
5. IP created pursuant to specific sponsored or contract research activities, the ownership of which shall be governed (in whole or in part) by the sponsor's regulations or the terms of the contract.

(13) The University does not claim ownership of IP in scholarly works, except where a work is specifically commissioned by the University or created under a separate agreement. Where a scholarly work is produced under a third-party agreement, funding arrangement, or collaboration, the ownership and licensing terms of that arrangement will prevail. If a work could reasonably be considered both teaching material and a scholarly work, it will be treated as teaching material under this Policy.

(14) ACU is granted a non-exclusive, royalty-free, perpetual, worldwide license to use scholarly works for teaching, research, and educational purposes, including open access publication, without affecting the moral rights of the creator.

(15) ACU is entitled to receive from the Copyright Agency (CA) any remuneration collected by CA in respect of the reproduction of any ACU owned works.

(16) Staff involved in activities sponsored by or undertaken at an affiliated or third-party organisation, including but not limited to academic sabbaticals and joint appointments, must familiarise themselves with the Intellectual Property policies governing their involvement and seek guidance from the Office of General Council as appropriate.

Ownership of Student Geerated Intellectual Property

(17) Prior to commencing their project, Candidates must discuss the IP implications of the proposed research with their supervisor and the Graduate Research Office, including any IP that may need to be accessed and any IP that may be created in the course of the research.  As a pre-condition of participation in an Honours by Thesis or Higher Degree by Research (HDR) program, a Candidate may be required to assign Intellectual Property to the University via a deed of assignment under certain conditions.

(18) Assignment of IP to the University is mandatory in the following circumstances:

1. project involving Collaborative Research Activity, meaning joint creation of Intellectual Property with other researchers or external collaborators (excluding ordinary supervisory advice and guidance);
2. projects involving substantial university support beyond standard teaching and supervision e.g., funded research assistant support, access to specialised infrastructure or facilities not normally available to students, direct project funding;
3. projects involving the substantial use of University background IP, where such IP is essential to the design, conduct, or outcomes of the project, and where continued University ownership is reasonably necessary to protect or commercialise that background IP;
4. projects receiving formal commercialisation support from ACU, defined as substantial investment of University resources for the purpose of commercial development (including but not limited to: funding of patent applications, legal or licensing negotiations, or direct financial investment); and
5. projects governed by a Contracted Agreement that requires assignment of Intellectual Property.

(19) In projects covered by clause (18), Candidates will be required to enter into an agreement to formally assign IP ownership to the University prior to commencing their program of study.

(20) Assignment of IP to the University provides Candidates the same opportunities, rights and responsibilities as University Staff in relation to commercialisation.

(21) If a Candidate does not wish to assign IP under the circumstances described in clauses (17) – (19), the University will reasonably support the candidate to identify an alternative project where mandatory IP assignment would not apply.  A new project must be selected and formally approved within 90 calendar days of notification.  Failure to do so will result in forfeiture of the candidate’s place in the program.

(22) Prior to requiring a Candidate to enter into an agreement to assign Intellectual Property under (15), the University must provide the candidate with:

1. A clear written notice that assignment of Intellectual Property is a condition of the proposed project;
2. An explanation, in plain language, of the effect of the assignment, including its implications for ownership, future use, publication, and commercialisation; and
3. Guidance from the Graduate Research Office regarding the University’s intellectual property framework, relevant policies, and the Candidate’s rights and obligations.

(23) Candidates must be given a reasonable period of time to consider the proposed assignment agreement and to seek independent legal advice before deciding whether to proceed with the project.  The University must not require execution of the assignment without providing this opportunity.

(24) The University must ensure that any agreement to assign Intellectual Property is entered into voluntarily and with informed consent.  A Candidate’s decision to proceed with, or decline, a project requiring mandatory IP assignment must not prejudice the Candidate beyond the consequences expressly provided for in clause (21).

(25) Graduate Research Candidates retain copyright ownership in their theses and scholarly works, unless there is a Contracted Agreement to the contrary.

(26) Undergraduate coursework students retain ownership of all Intellectual Property they create in the course of their studies, unless otherwise agreed in writing through a Contracted Agreement or other formal arrangement that expressly provides for assignment or licensing of such Intellectual Property.

Ownership of Affiliate Generated Intellectual Property

(27) Intellectual Property created by an Honorary Appointee or Visiting Scholar in the performance of activities under a Contracted Agreement must be assigned to ACU, and ACU will assert ownership of and entitlement to such Intellectual Property in accordance with that agreement.

(28) Prior to generating Intellectual Property with an Honorary Appointee or Visiting Scholar, University Members must ensure that a Contracted Agreement, including appropriate Intellectual Property provisions, is in place. No such activity may proceed until the agreement has been finalised.

Indigenous Cultural and Intellectual Property (ICIP)

(29) Where the creation of ACU intellectual property involves Aboriginal and Torres Strait Islander interests or property and/or the use of Indigenous knowledges, ACU will consult with the relevant Aboriginal and Torres Strait Islander peoples, Traditional Owner groups, and communities, including Elders. This consultation will ensure that any decisions regarding the protection, development, and commercialisation of that intellectual property align with Aboriginal and Torres Strait Islander protocols, ethical rights, and established guidelines. These include but are not limited to A Guide to applying The AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research and the National State Libraries of Australasia (NSLA), (see the National and State Libraries Australasia, Position statement: Indigenous Cultural and Intellectual Property (ICIP)), noting that the protocols and ethical guidelines may vary between different Aboriginal and Torres Strait Islander groups and communities.

(30) To support the translation of these commitments from policy into practice, ACU will operationalise its responsibilities through the Australian Catholic University Indigenous Cultural and Intellectual Property (ICIP) Protocol. This Protocol provides a practical framework for recognising, respecting, and upholding the rights of Aboriginal and Torres Strait Islander peoples in relation to their cultural and intellectual property. It outlines procedures for engagement, consent, attribution, Data Sovereignty and benefit-sharing, ensuring that ACU’s actions are not only ethically sound but culturally responsive and community-informed.

Creative works

(31) ACU may, from time to time, commission works from University Members for use by ACU.

Moral Rights

(32) ACU observes the Moral Rights of its University Members and of copyright owners of third party works in accordance with the provisions of the Copyright Act 1968 (Cth) by taking all reasonable steps to ensure the Creator is acknowledged in any relevant documentation.

(33) Where a copyright work is reproduced, adapted, edited, formatted, or otherwise modified by or on behalf of the University, ACU will take reasonable steps to ensure that such use does not infringe the Creator’s Moral Rights, having regard to the purpose and context of the use.

(34) Where routine or foreseeable modifications are required, including for teaching, research, accessibility, or administrative purposes, ACU may seek written consent from the Creator to such modifications.  Any consent must be limited to what is reasonably necessary for those purposes.

Open Education

(35) ACU is committed to the creation and dissemination of knowledge for the benefit of society. Where ACU is the copyright owner, ACU supports the use and sharing of Open Educational Resources (OERs) to widen access to education, and to improve both the cost-efficiency and quality of teaching and learning outcomes. ACU encourages the adoption, adaptation, and creation of high quality OERs where they contribute to quality learner experiences and success, and where ACU’s reputation and priorities are promoted, including aspiration and inclusion.

(36) ACU supports the use of Creative Commons Licenses when making ACU learning and teaching materials available as OERS.

(37) While ACU is committed to creating OERs, open licensing may not be appropriate where education materials are able to be commercialised, contain confidential information, or where releasing the material would infringe a legal commitment by ACU and / or the author.

Third Party Copyright Material

(38) ACU supports and encourages the lawful use of third-party copyright materials to enhance the activities of ACU.

(39) ACU will will ensure the use of third-party works at ACU is consistent with the following principles:

1. meets any requirements set out in the Copyright Act 1968 (Cth) (as amended), Copyright Regulations 2017 (Cth) (as amended), and statutory licences;
2. meets any contractual requirements determined by voluntary copyright licences entered into by ACU; and
3. implement best practice third-party copyright management recommended by Universities Australia or the majority of Australian universities.

Intellectual Property Disclosure

(40) University Members have a duty to disclosure to the University any Intellectual Property they create to which the University has a right of ownership under clauses (8) to (19).

(41) The disclosure of Intellectual Property must:

1. Identify all contributing Creator(s), to include contact details; and
2. Include all information necessary to fully describe the nature and operation of the discovery and/ or invention; and
3. Be repeated any time there is a material new development that impacts initial or prior disclosure(s); and
4. Occur at the earliest practical stage, or immediately upon recognition of potential commercial value; and
5. Occur prior to details being shared publicly in any setting, to include conference presentations or publications; and
6. Occur prior to details being shared with external parties, regardless of the existence or enforceability of any non-disclosure agreement(s).

(42) University Members are required to maintain adequate records concerning Intellectual Property and make these available to the University in full upon request.  Records must be sufficient to allow the University to assess, protect, use and commercialise any discovery or invention.

(43) Upon receiving a disclosure, the University may seek further information or clarification, and may seek to verify the details of creative contributions to the discovery or invention.

(44) Persons who are not Creators but who otherwise make contributions to the creation of exploitation of Intellectual Property are considered Contributors and should be identified in an appendix to any disclosure.

Itellectual Property Commercialisation

(45) The University has sole rights to assess, protect, commercialise, acquire, assign, license, defend or enforce its rights over its Intellectual Property. The DVCRE, as the authorised decision maker for the University, retains discretion as to whether or not the University will pursue the protection or commercialisation of University owned Intellectual Property.

(46) Unless otherwise agreed by the DVCRE, applications for registration of intellectual property will be made in the name of the University.

(47) Where the University receives cash revenue from the commercialisation of Intellectual Property, the Creator(s) are entitled to receive a share of the net commercialisation proceeds, calculated after the recovery of approved costs and investments, as a personal entitlement.  This entitlement will be paid through the University’s payroll system and will be subject to PAYG withholding and any other taxation and statutory deductions required by law.

(48) Distribution of net proceeds will be as follows:

Section 5 - Disputes

(55) ACU wishes to resolve disputes arising with respect to matters covered by this Policy quickly, fairly and, wherever possible, without resort to litigation or other public dispute resolution process. The intent is to reduce the strains that such disputes and their resolution place on the parties so as to affect the work and relationship of those involved as little as possible.

(56) If any dispute arises between the University and a University Member covered by this Policy with respect to the application of this Policy, the parties will first seek to resolve the matter under this Section 5. Nothing in this Section removes or limits access to other internal University procedures or external rights at law.

(57) If a dispute arises, then ACU will attempt to agree with the other party / parties to first attempt to resolve the dispute by mediation. Mediation shall ordinarily commence within 30 days of a written request by either party.

(58) If the dispute is not resolved within a reasonable time by mediation (being at least 30 days from commencement, unless the parties agree otherwise), ACU will submit the dispute to expedited arbitration administered by, and in accordance with, the Australian Disputes Centre (ADC) Guidelines. Failing agreement as to the arbitrator, the ADC would be given power to appoint a person (who is not the same person as the mediator) as arbitrator.

(59) Any mediation or arbitration may be held in person at a centre where an ACU campus is located, or virtually, as agreed between the parties, having regard to the convenience of the individuals involved.

(60) ACU will be represented at mediation by a person with appropriate authority to negotiate and, where reasonably practicable, to settle the dispute.

(61) Unless otherwise determined by the mediator or arbitrator, ACU will bear the costs of mediation. The costs of arbitration shall be shared equally between the parties, subject to the arbitrator’s power to apportion costs differently if appropriate in the circumstances.

(62) Nothing in this procedure removes the right of a staff member, former staff member, student, or former student to seek other

Section 6 - Roles and Responsibilities

(63) ACU will develop procedures to inform University Members and visitors of their responsibilities regarding IP and related rights and entitlements, including the use of third-party copyright material at ACU.

(64) For management and compliance in relation to IP, the following responsibilities are in place:

(65) Compliance with Copyright and other IP obligations is each individual’s responsibility:

Section 7 - Review

(66) ACU may amend this Policy from time to time and review at least every 5 years, or when there are significant changes in Australian or international legal frameworks for IP and related legislation, and / or to improve the effectiveness of its operation.

(67) An ACU staff member or student who wishes to make any comments about this Policy may forward their suggestions to the Enquiries Contact listed on the Status and Details tab.

(68) Unless otherwise indicated, this Policy will still apply beyond the review date.

Section 8 - Further Assistance

(69) Any staff member who requires assistance in understanding this Policy should first consult their nominated supervisor who is responsible for the implementation and operation of these arrangements in their work area. Should further advice be required, staff should contact the Copyright Coordinator, copyright.officer@acu.edu.au.

(70) Any students who require assistance in understanding this Policy should first consult a teacher within their academic program. Should further advice be required, students should approach the Library.

Section 9 - Definitions

(71) For the purpose of this Policy: