PROJECT RESULTS AND PROJECT IP. The data and results of the Project Results is as stated in Item 5 of Schedule 1, unless otherwise agreed in writing between the Parties. Unless otherwise specified in Item 5 Schedule 1, the Parties agree that all rights, title and interest in the Project IP will be owned solely by the Party, or jointly by the Parties, that contribute to its development or creation and, in the case of jointly owned Project IP, the Parties will own the Project IP in shares proportionate to their respective intellectual contributions to the development or creation of that Intellectual Property. In the case of jointly owned Project IP, neither Party may: grant a licence of its share of any Project IP; or assign its share of the Project IP, without the written consent of the other Party, which will not be unreasonably withheld. The Parties agree that copyright in a student thesis will be owned by the student but the Party responsible for the student will ensure that the student enters into a written agreement which is consistent with this Agreement and the terms of this clause 5 before the student commences any Project activities. Each Party agrees to promptly provide written notice to the other Party of any Project IP that may have potential commercial value on becoming aware of any such Project IP. The Parties will consult and decide what (if any) measures should be taken to protect the Project IP and negotiate in good faith and using all best endeavours to agree the terms of any program of commercialisation arising from the Project IP so as to fairly share in any commercial return associated with the Project and the Project IP. Having regard to any requirements to protect potentially commercially valuable Project IP, each Party grants to each other Party a non-exclusive, non-transferable, perpetual, royalty free, worldwide licence to use the Project IP it owns for: non-commercial research, education and training purposes; and publication purposes (subject to clause 7 of this Agreement). The Parties are committed to appropriate recognition of contributions to invention and exploitation of Intellectual Property for the benefit of the Australian community. BACKGROUND IP The Parties agree that the ownership of Background IP is not affected by this Agreement and that all Background IP remains the property of the Party that makes it available for the purpose of carrying out the Project. No representations or warranties are made or given in relation to Background IP, however, each...
PROJECT RESULTS AND PROJECT IP. 5.1 Unless otherwise specified in Item 5 of Schedule 1, the Parties agree that all rights, title and interest in the Project IP will be owned solely by the Party, or jointly by the Parties, that contribute to its development or creation and, in the case of jointly owned Project IP, the Parties will own the Project IP in shares proportionate to their respective intellectual contributions to the development or creation of that Intellectual Property.
PROJECT RESULTS AND PROJECT IP. 5.1 All title, rights and interests in and relating to the Project Results and PIP will vest in and be owned by You on payment of the Fees.
