A Sharp Lesson for Universities and Employee Created IP

An Article on, “The importance of securing ownership of your IP (UWA v Dr Gray)”, written by Wayne Condon from our Melbourne Office.

The recent Federal court decision in UWA v Gray1 addresses several pertinent issues relating to the ownership of intellectual property which is developed in the course of or incidental to employment. This case specifically deals with the ownership of patentable inventions created by
academics while undertaking research.

Justice French dismissed the claims of University of Western Australia (“UWA”) and held that “absent express agreement to the contrary, rights in relation to inventions made by academic staff in the course of research and whether or not they are using university resources, will ordinarily
belong to the academic staff as the inventors”.

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