To What Extent Are University IP Policies Legally Binding? Part 2: Students

les Nouvelles - Journal of the Licensing Executives Society, Volume LI No. 4, December 2016

7 Pages Posted: 13 Dec 2016

See all articles by Philip Mendes

Philip Mendes

Opteon; Queensland University of Technology

Date Written: December 2, 2016

Abstract

University IP policies often provide for the IP created by students to be owned by the university. The legal basis of such IP policies is examined, including their contractual and legislative basis, in the United States, Canada, the United Kingdom, and Australia. Relevant case law in each jurisdiction is considered. Whether an IP policy can be “incorporated by reference” into the student enrollment contract is considered, and if so, whether an IP policy successfully incorporated by reference might amount to an unconscionable transaction and be void, under the common law, general law, and legislative provisions in those four countries. The question is asked whether universities need to own all the IP created by all their students, and considers how to obtain an assignment of IP from a student to minimize the risk of unconscionability.

Keywords: University IP Policies; IP policies; Universities; part 2 students; university

Suggested Citation

Mendes, Philip, To What Extent Are University IP Policies Legally Binding? Part 2: Students (December 2, 2016). les Nouvelles - Journal of the Licensing Executives Society, Volume LI No. 4, December 2016, Available at SSRN: https://ssrn.com/abstract=2855159

Philip Mendes (Contact Author)

Opteon ( email )

Brisbane, QUT
Australia

Queensland University of Technology ( email )

2 George Street
Brisbane, Queensland 4000
Australia

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