Assignment of Intellectual Property DeedPage 1

(Internal Grants)

THIS DEEDis made on 20

Between:

GRIFFITH UNIVERSITY(ABN 78 106 094 461), a body corporate established pursuant to the Griffith University Act 1998, of Kessels Road, Nathan, QLD, 4111 (“Griffith”);

and

[ACADEMIC'S FULL NAME]of[insert physical address](“You”).

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Assignment of Intellectual Property DeedPage 1

(Internal Grants)

  1. Various defined terms, which appear in title case, are used throughout this Deed. These terms are defined in Schedule 1 which is part of this Deed.
  2. To enable Griffith to meet its obligations to Partner Organisations and future external funding sources so as to deal with the rights granted pursuant to this Deed, from the date upon which the last Party signed this Deed, You assign all rights, title and interest in the Project IP to Griffith.
  3. Griffith grants You a permanent, irrevocable, royalty-free, world-wide, non-exclusive licence (including the right to sub-licence) to use, reproduce, adapt and communicate the Project IP for teaching, academic and research purposes (expressly excluding commercialisation).
  4. You acknowledge that You have read and understood Griffith’s IP Policy and You agree to be bound by Griffith’s IP Policy.
  5. Each Party will bear their own costs of preparing, negotiating and executing this Deed.
  6. All stamp duty and other similar governmental charges payable in respect of this Deed are payable by Griffith.
  7. Any personal tax implications (such as income tax and capital gains tax) that may arise in respect of this Deed are payable by You.
  8. This Deed is governed by the laws of the State of Queensland in Australia and the parties agree to submit to the exclusive jurisdiction of the courts of the State of Queensland in respect of any dispute arising in connection with this Deed.
  9. No rights under this Deed will be deemed to be waived except where the waiver is in writing and signed by both Parties. A waiver by a Party will not prejudice that Party's rights in respect of any subsequent breach of this Deed. Any failure by either Party to enforce any clause of this Deed, any forbearance, delay, or indulgence generated by either Party to the other will not be construed as a waiver of rights under this Deed.
  10. The contents of this Deed constitute the whole agreement between the Parties with respect to its subject matter, and supersede all prior representations, agreements or understandings between the Parties in respect of that subject matter.
  11. All formal notices under this Deed may be delivered by hand, mail, fax or email to the contact representative set out in Items 4 or 5 of Schedule 2, or another address notified in writing by the relevant Party.
  12. No variation to this Deed will be effective unless in writing and signed by both Parties.
  13. This Deed may be signed in any number of counterparts (whether in original or digital form) and all those counterparts together make one instrument.

SCHEDULE 1: Definitions

In this Deed:

“Deed”means this deed and all schedules to this deed.

“Griffith” means Griffith University, established pursuant to the Griffith University Act 1998 (Qld).

“GU Internal Grant Scheme” means the scheme specified in Item 1 of Schedule 2.

“Intellectual Property Rights” means all intellectual property rights including, without limitation patents, patentable and non-patentable inventions or discoveries (together with field/laboratory notebooks, papers, biological materials, manner, methods or processes of manufacture or construction, chemical compositions or formulations relating to such patents, inventions or discoveries); Registered and unregistered designs; Plant breeder’s rights; Topographies, databases, computer software (including source code, firmware, courseware and related material), works generated by and/or with computer equipment or software; Copyright (including future copyright); Registered and unregistered trade marks; Trade secrets; Know-how; Eligible layout or design (or other exclusive rights in relation to any integrated circuit or semiconductor chip); the right to have confidential information kept confidential; and any related rights (including the right of registration or application for registration) throughout the world.

“IP Policy” means the GriffithUniversity’s Intellectual Property Policy and GriffithUniversity’s Intellectual Property Procedures (as amended from time to time).

“Partner Organisation” means an industry partner or collaborating organisation which meets the GU Internal Grant Scheme eligibility requirements.

“Party” means a party to this Deed. “Parties” means all parties to this Deed.

“Project” means the project specified in Item 2 of Schedule 2 undertaken pursuant to the Head Agreement.

“Project IP” means:

  1. the Intellectual Property Rights subsisting within the Project IP identified in Item 3 of Schedule 2; and
  2. any discoveries, invention, know-how and trade secrets associated with sub-paragraph a.

but excludes the copyright subsisting in any student thesis that may contain any of the above.

SCHEDULE 2: Details

Item 1 / GU Internal Grant Scheme / [Insert the full name of the GU Internal Grant Scheme]
Griffith University Industry Collaborative Scheme
Griffith University and James Cook University Collaborative Grants Scheme
Item 2 / Project Title and ID / [Insert full project title and ID]
Item 3 / Project IP / [All Intellectual Property Rights created by You arising directly from the conduct of the Project funded by the GU Internal Grant Scheme]
Item 4 / Griffith's Address / Director, Office for Research
Griffith University
Nathan campus
170 Kessels Road,
Nathan QLD 4111
Phone:07 3735 5234
Fax:07 3735 7994
Email:
Item 5 / Your Address / [INSERT CONTACT NAME]
[INSERT PHYSICAL HOME ADDRESS]
Phone:
Fax:
Email:

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Assignment of Intellectual Property DeedPage 1

(Internal Grants)

EXECUTED as a DEED

SIGNED sealed and delivered)

byGRIFFITH UNIVERSITY)……………………………………..

In the presence of:)Signature of Director/Deputy Director

Office for Research

……………………………………...…………………..……………………

Signature of WitnessPrint Name of Director/Deputy Director

Office for Research

……………………………………...…………………….………………..

Name of Witness (print)Date

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Assignment of Intellectual Property DeedPage 1

(Internal Grants)

SIGNED sealed and delivered)

By [Insert name of Academic])……………………………………..

In the presence of:)Signature

……………………………………...…………………….………………..

Signature of WitnessDate

……………………………………...

Name of Witness (print)

G:\AA\LLO\Proformas & Precedents\Intellectual Property\Assignment of IP\OR\Internal Grants Sep11.docx