Published in the Research School of Physics Event Horizon
Vol43 Issue71 28 May–1 June 2018
*Please ensure that your potential partners are fully aware of this matter as it is critical that the nature of the ensuing relationship is not misrepresented at any time.*
*Important*: The University recognises this clause as a potential major setback for industry partners to participate the Linkage Program (including Linkage Projects), and the Society of University Lawyers is currently undertaking a review of the Funding Agreement and drafting a response to request an amendment for this clause.
The sensitive clause is as follows:
25.3. The Administering Organisation provides the Commonwealth a permanent, non-exclusive, irrevocable, royalty-free licence (including a right to sub license) to use, modify, communicate, reproduce, publish, and adapt the Material produced under this Agreement.
This clause may have a number of implications, including but not limited to:
a) The Administrative Organisation can no longer grant a Linkage partner an exclusive licence to the Material and the Intellectual Property embedded in it;
b) The partner (industry or other) loses the exclusivity over the Material, as the Commonwealth may sublicense it elsewhere (theoretically to a direct competitor);
c) The risk for a partner to have a diminished return over their financial and intellectual investment, whether commercialised or not, is quite significant, to the point that it would put into question whether said investment is at all sound.
We will keep you updated on the progress of this matter; meanwhile, please let us know if this causes concern for your Partners involved in Linkage Projects.
Research Services Officer
The Australian National University
Canberra ACT 2601
Phone: +61 2 6125 4376 (x54376)
CRICOS Provider: 00120C