Intellectual property
Intellectual property (IP) is the term given to an idea, created by the mind, that can be owned and protected. It can include things like a brand, logo, artwork, invention, or plant variety. There are different types of IP which can be relevant to the outcomes of health and medical research, innovation and commercialisation. Some of these do not require formal registration to be protected, while others do.
The ownership of IP usually belongs to its creator or their employer; however, it can be owned by others if the rights are purchased from the creator or previous owner. Owning IP is important as it holds value and provides the IP owner with exclusivity and profitability for long term projects involving the IP.
More information on types of intellectual property can be found at IP Australia, as well as ways to protect IP from infringement.
Research and IP
Engaging in research activities can result in the invention, discovery, or creation of IP. This might be in the form of publications, treatments, medicines, devices and many more. It’s important for researchers to understand how IP works and be aware of the internal policies and guidelines set by their affiliated organisations.
The National Health and Medical Research Council (NHMRC) is a significant funder of research in WA, and along with the Australian Research Council (ARC), has established the National Principles of IP Management for Publicly Funded Research (National IP Principles).
These National IP Principles provide guidance on the ownership, promotion, dissemination, exploitation and, where appropriate, protection of IP generated through Australian Government funded research.
As the intention of the National IP Principles is to ensure good management of IP arising from publicly funded research it is important to take these into account when considering IP arising from the outcomes of health and medical research and innovation funding. These National IP Principles are often generally applicable to other health and medical research and innovation funding programs.
WA public sector IP policy
The activities of government or public sector agencies often lead to the development of publications, new technologies, scientific discoveries, and innovations. The resulting IP can be an asset with many applications and potential benefits for the community.
The Western Australian Government Intellectual Property Policy provides guidance to WA Government agencies in relation to the creation, protection, management, use and disposal of IP. This policy applies to activities utilising Western Australian Government resources which are undertaken by agencies and their employees, contractors, grant or funding recipients, researchers, collaborative organisations, and commercial bodies under the control of agencies.
The Department of Jobs, Tourism, Science and Innovation has developed a policy toolkit to assist WA Government agencies understand and implement the requirements of the WA Government IP Policy.
The areas covered in the Toolkit are:
- Managing WA Government IP
- Ownership of WA Government IP
- Commercialising WA Government IP
- Rewarding innovative public sector employees.
WA public sector agencies involved in science and medical research often enter partnerships with universities, research institutes and industry to develop IP. While the scope of the WA Government IP Policy does not extend to these partners, it is important that partner organisations are aware of the policy.
The Department of Health also has a variety of IP resources available for researchers working with the WA health system.