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Consultancy Agreements - Ownership and Intellectual Property Rights (IPR)

Question asked by itraining on Jan 16, 2013
Latest reply on Jan 22, 2013 by MarcDolley

Hi Everyone

 

This post is most relevant to the Australian audience but readers from other places around the World might like to chip in.

 

I am looking at building a scheduling database for The University of Queensland (UQ) in Brisbane (Australia).

Since 2003 I have built a few a database systems at UQ and from 2008 - 2012 I was a full-time employee (as it happens, I resigned last week).

 

The legal department has been busy and they require the "Consultancy Letter (Standard for Receipt of Services) Legal Office.docx" document to be signed (see attachment).

 

Appendix 2 outlines the IPR conditions under Section 2 "Ownership":

2.1 The title to and ownership of all IPR in all Contract Material and the Deliverables vests upon its creation in UQ. The Consultant hereby assigns the IPR in all Contract Material and the Deliverables to UQ

2.2 The title to and ownership of all IPR in the Pre-existing Material remains vested in the party who provides such Pre-existing Material. The Consultant hereby grants a perpetual, irrevocable and worldwide licence (including the right to grant sub-licences) to UQ of all IPR in the Pre-existing Material to the extent it is incorporated in the Contract Material and/or the Deliverables for the purposes of UQ’s use, reproduction, adaptation and exploitation of the Contract Material and the Deliverables.

 

Question:

(1) In this instance of building a database, is it actually legal for UQ claim all IP rights? In Australia, I thought the law was pretty clear that the author/creator retains all IPR automatically.

(2) If you have encountered this issue before, how did you resolve it?

 

Thanks in advance

 

 

 

Michael Richards

Brisbane (Australia)

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