This policy details the principles for the protection, advancement, and transmission of knowledge generated in connection with teaching or research at Leaders Institute (LI). LI adheres to the Copyright Act (1968). This includes the moral rights of attribution and the right of integrity of authorship.
All past and current staff, students, and affiliates
LI is committed to:
• maximising positive impact in the expression, adoption, and commercialisation of IP, while adhering to LI values;
• fostering a culture of transformative learning, teaching, research, and scholarship that benefits society;
• recogising and respecting First Nations Peoples culture and IP;
• recognising and respecting the moral rights of IP creators of copyright works.
Affiliate: visiting academics and researchers, honorary associates, and contractors of LI.
Commercialise: legal rights exclusively granted to the holder of IP rights in with the IP 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 IP. 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:
• inventions and scientific discoveries;
• 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).
LI Resources: includes, but is not limited to LI premises, facilities, monies, services, equipment, staff time, paid leave, support staff and IP owned by or licenced to LI.
Staff: employee or official of LI.
Student: person enrolled in a course at LI, including exchange and audit students (unless context dictates otherwise).
Education materials: means all materials produced for teaching at LI 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.
Except as otherwise specified in this policy or in a written agreement, LI owns all IP developed or created by staff:
• in the course of their employment at LI; or
• when using LI resources (subject to any approvals granted);
• at the specific request or direction of LI; or
• as part of an activity funded or provided by LI.
IP created in or during employment at LI includes, but is not limited to, IP created:
• in education materials;
• while participating in works funded by LI;
• where IP is a component of IP generated by a team of which the staff member is part; or
• where creation has resulted from the use of any IP created or owned by LI.
LI owns IP for works by students if created or developed:
• jointly with LI staff;
• using LI resources;
• using IP already owned by or licensed to LI;
• as specified and agreed to in writing by the student.
Subject to the terms of any agreement to the contrary, LI does not assert ownership of works created by students in circumstances outside those described above. The owner of such works grants to LI a non-exclusive, free, irrevocable licence to use such IP 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.
LI owns IP for works by affiliates if created or developed:
• jointly with LI staff;
• while working on an LI education materials or other projects;
• using LI resources;
• from the use of IP created or owned by LI.
Subject to the terms of any agreement to the contrary, LI does not own works created by affiliates in circumstances outside those described above. The owner of such works grants to LI a non-exclusive, free, irrevocable licence to use such IP 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 IP at LI shall ensure that they are respectful of and correctly acknowledge First Nations Peoples spiritual and cultural beliefs. Traditional knowledge or IP 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 IP 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. LI is also committed to protecting First Nations Peoples and traditional knowledge as being the IP of First Nations Peoples.
LI owns the IP in education materials created for LI by staff, students, and affiliates. LI 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 LI and may not sublicense all or any part of the education materials to others to generate royalties or license fees.
Subject to any written agreement to the contrary, LI owns all IP that it has specifically commissioned a staff member, student, or affiliate to create or develop for LI’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, LI owns all education materials and works which were created or developed:
• for an LI course by staff, students, or affiliates;
• using IP already owned by LI; and
• with use of LI resources.
LI does not assert ownership over pre-existing IP created by staff or contractors unless such IP is of a kind that LI owns or is entitled to own of pursuant to this policy or pursuant to any other agreement.
COMMERCIALISATION OF IP
Commercialisation of LI IP may be undertaken in collaboration with the creator/s of the IP and in accordance with this policy. It is solely LI’s discretion whether to commence, continue, or exit from commercialisation activities. LI ensures that the research is utilised for benefit to society and supports researchers in their commercial endeavours.
DISTRIBUTION OF COMMERCIALISATION REVENUES
If LI commercialises any of its IP, LI will distribute a share of net commercialisation revenues to creators who have a recognised interest in the IP 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 LI research centre (where applicable) for use as the research centre director determines in line with the strategic objectives of LI;
• 25% to LI for its general purposes, with the expectation that it will be used to foster research.
Staff, students, affiliates
LI will advise the creator(s) whether LI intends to proceed with registered protection and/or commercialisation of the IP disclosed within a reasonable time-period. Where LI chooses to proceed, LI will usually:
• require a written confirmation of IP assignment from the creator(s);
• pay the costs of protection and/or commercialisation of IP or arrange for a third party to do so.
Nothing compels an IP owner to assign IP ownership to LI if the Institute has no legal claim to the IP. However, LI will not usually proceed with or fund the protection or commercialisation of IP where it does not hold relevant ownership rights. LI reserves the right to revise a previous decision to proceed with the protection and/or commercialisation of IP. LI will advise the creator of its decision in writing. If LI decides not to proceed, the creator(s) may apply for protection and/or commercialisation of the IP or assign it to a third party at their own cost.
LI may assess, protect, commercialise, acquire, assign, license, defend, or enforce its rights concerning IP. Staff, students, and affiliates have a duty to comply with all reasonable requests by LI concerning IP relating to LI. LI may require the creator(s) to sign a confidentiality agreement in relation to unprotected IP or assign ownership of improvements based on the unprotected IP of LI.