Intellectual Property Management - ITEK - The Commercialisation Company of the University of South Australia

Intellectual Property Management

The World Intellectual Property Organization (WIPO) defines Intellectual Property as “creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.”

In many instances the early disclosure of an invention or design to ITEK can be critical in securing recognized international protection for it. Consequently researchers, inventors and students should not publicly disclose any idea without first speaking to ITEK. Once an idea is released into the public domain it can no longer be legally protected.

IP is typically divided into:

• Industrial IP: that covers inventions (patents), trademarks, and registered designs; and
• Copyright: that covers literary and artistic works.

Given that Copyright protection is typically automatically granted for all written works ITEK specialises in Industrial IP, its protection and management. IP protection can be critical in gaining additional funding, backing and support for new technology or ideas as it moves from the laboratory to the market. Hence ITEK seeks to protect all IP generated by the University if it believes there is a long term benefit (economic or social) that the University would gain from having this legal protection. All costs associated with the filing, registration and protection of IP are covered by ITEK, provided that the University has control over the IP being registered or transferred.

There are a number of protection mechanisms that can be applied to IP, choosing the most appropriate mechanism to use can be critical in the success of the IP in the market place, ITEK typically consider the following mechanisms:

• Keep it secret (trade secret)
• Non-disclosure agreements (NDAs)
• Copyright ©
• Trademark ®
• Patent
• Registered Design

To reduce the opportunity for failure, professional and strategic management of new and existing IP is critical. ITEK provides this service for all IP under its control. Best practice within the research community recommend the use of “lab books” for documenting and recording inventions and ideas. ITEK can provide lab books on request for UniSA registered projects.

The handling and management of IP can be complex, so please contact ITEK to discuss the best IP strategy and management option for your idea, invention or design.

Additional information on IP can be found at the Australian IP Office and the World IP Office.