Intellectual Property and Commercialisation Policy

The CBNS IP & Commercialisation Committee (IPCC) provides advice for IP management to CBNS Chief Investigators. The IPCC comprises the Centre Executive (Director, Deputy Director and Manager), plus the Business Development Manager from the Administering Organisation (Monash). In discussing IP from collaborating organisations the IPCC co-opts the Business Development Manager (or equivalent) from that organisation. 

Intellectual Property

The CBNS does not own project intellectual property (PIP) resulting from CBNS activities. Project intellectual property is owned by the (administering, collaborating or partner) organisation making the major inventive contribution to the IP. Whilst a single organisation assumes control of PIP, in the cases of cross institutional participation in PIP generation, beneficial interest in PIP is determined by relative contributions to IP generation based on cash and in kind contributions to that project (cash is weighted by a factor of 2).

The CBNS maintains an Intellectual Property Register, which includes up to date details of CBNS IP and each organisation's background IP. It includes:

  • the owners of each item of background and CBNS IP and the proportion of ownership;
  • any and all third party interests in background and CBNS IP; and
  • any patents or patent applications relating to CBNS IP. 

Commercialisation

The organisation owning the PIP supports protection and commercialisation through its IP commercialisation group and meets the cost of protection. 
CBNS commercial partners provide real world advice to Centre CIs but also provide a potential path-to-market and a defined route to impact. As such, industry partners have the right of first refusal to a license to exploit project IP on terms to be agreed.

In relation to the commercialisation of PIP, all parties negotiate in good faith to agree on a Commercialisation Lead and the terms of any Commercialisation.
The Commercialisation Lead has the right to sublicense PIP in the interests of all parties and the CBNS, without restricting the use of the PIP for research, teaching and scholastic endeavours.