To What Extent Are University IP Policies Legally Binding? Part 3: Visiting Scientists

les Nouvelles - Journal of the Licensing Executives Society, Volume LII No. 1, March 2017

6 Pages Posted: 4 Mar 2017

See all articles by Philip Mendes

Philip Mendes

Opteon; Queensland University of Technology

Date Written: February 13, 2017

Abstract

University intellectual property policies commonly make provision for the ownership of intellectual property arising from research undertaken by a visiting scientist to be owned by the host university. These university policies are sometimes perceived as being not just policies, but as well documents that are legally binding, with the policy either vesting ownership in the host university itself, or creating a legal obligation to execute an assignment to the host university. Usually however, the visiting scientist, not being the owner of the intellectual property created at the host university, does not have the capacity to give effect to the policy, even if it is legally binding, as the intellectual property created is already promised to, or vested in, the visiting scientist’s employer university, which is not bound by the host university’s intellectual property policy. The legal effectiveness of intellectual property policies is considered, so far as they apply to the intellectual property created by a visiting scientist at a host university, in the United States, the United Kingdom, and Australia.

Keywords: university IP, IP policies, part 3 visiting scientists

Suggested Citation

Mendes, Philip, To What Extent Are University IP Policies Legally Binding? Part 3: Visiting Scientists (February 13, 2017). les Nouvelles - Journal of the Licensing Executives Society, Volume LII No. 1, March 2017, Available at SSRN: https://ssrn.com/abstract=2896185

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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