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Faculty and employee ownership of inventions in Australia
- Source :
- Nature Biotechnology
- Publication Year :
- 2010
- Publisher :
- Springer Science and Business Media LLC, 2010.
-
Abstract
- A recent decision by the Australian High Court means that, unless faculty are bound by an assignment or intellectual property (IP) policy, they may own inventions resulting from their research. Thirty years after its introduction, the US Bayh-Dole Act, which vests ownership of employee inventions in the employer university or research organization, has become a model for commercialization around the world. In Australia, despite recommendations that a Bayh-Dole style regime be adopted, the recent decision in University of Western Australia (UWA) v Gray1 has moved the default legal position in a diametrically opposite direction. A key focus of the debate was whether faculty’s duty to carry out research also encompasses a duty to invent. Late last year, the Full Federal Court confirmed a lower court ruling that it does not, and this year the High Court refused leave to appeal (denied certiorari). Thus, Gray stands as Australia’s most faculty-friendly authority to date.
- Subjects :
- 150307 Innovation and Technology Management
Universities
Duty to research
Ownership
Australia
Biomedical Engineering
180115 Intellectual Property Law
ComputingMilieux_LEGALASPECTSOFCOMPUTING
Bioengineering
Intellectual property policy
Intellectual property
Faculty
Applied Microbiology and Biotechnology
Intellectual Property
United States
Patents as Topic
Molecular Medicine
Commercialisation
Business
Innovation
Legal decision
Duty to invent
Biotechnology
Law and economics
Subjects
Details
- ISSN :
- 15461696 and 10870156
- Volume :
- 28
- Database :
- OpenAIRE
- Journal :
- Nature Biotechnology
- Accession number :
- edsair.doi.dedup.....d37f76fadc56e27c2408d24ed5cfd813