Intellectual property has been defined as representing the property of the mind or intellect. In business terms, this also means the proprietary knowledge of an organisation. There are seven groups of rights which make up intellectual property:
- patents for new or improved products or processes;
- trade marks for letters, words, phrases, sounds, smells, shapes, logos, pictures, aspects of packaging or a combination of these, to distinguish the goods and services of one trader from those of another;
- designs for the shape or appearance of manufactured goods;
- copyright for original material in literary, artistic, dramatic or musical works, films, broadcasts, multimedia and computer programs;
- circuit layout rights for the three-dimensional configuration of electronic circuits in integrated circuit products or layout designs;
- plant breeder's rights for new plant varieties; and
- confidentiality/trade secrets including know-how and other confidential or proprietary information.
Intellectual Property (IP) such as copyright, patents and know-how is usually created or generated by Research and Development (R&D) projects. The research provider is required to advise Dairy Australia of the existence of any IP and protect the IP according to the following clause (as stated in the Standard Project Agreement).
Registration and Protection of Generated Intellectual Property
- Dairy Australia and the Research Organisation shall co-operate with each other and promptly do all acts and things and execute all documents which may be necessary for the purpose of vesting ownership of the Generated Intellectual Property.
- Unless otherwise agreed, Dairy Australia and the Research Organisation shall share the costs of registration, prosecution and maintenance of their Intellectual Property rights in the Generated Intellectual Property in proportion to their ownership thereof.
- Unless the Research Organisation advises Dairy Australia in writing that it is unwilling to have the responsibility for registering, prosecuting and maintaining Generated Intellectual Property, the Research Organisation shall have the responsibility for registering, prosecuting and maintaining Generated Intellectual Property in the joint names of the Parties. The Research Organisation must, in performing its obligations under this Clause:
- ensure that any Intellectual Property protection strategy is in the best interests of the Australian dairy industry;
- consult with Dairy Australia in relation to the Intellectual Property protection strategy and comply with all reasonable requests of Dairy Australia in relation thereto; and
- keep Dairy Australia informed at all times of progress in relation to the registration, prosecution and maintenance of patents or other Intellectual Property rights and, before incurring any costs in relation thereto, obtain the consent in writing of Dairy Australia.
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