Research funding implications from UWA intellectual property case

Universities may have less money to fund research and may be less able to provide the expensive infrastructure that researchers require to undertake their research as a result of the outcome of a court case over intellectual property rights, according to Professor Alan Robson, Vice-Chancellor of The University of Western Australia.

UWA’s application to be granted leave to appeal to the High Court, in a case related to the university’s right to protect public investment in intellectual property developed by its staff, was turned down today.

“The university’s course of action was a matter of principle that had important ramifications for the protection of intellectual property and the flow-on benefits of university-initiated research to the broader community. Expressions of concern about the potential ramifications of this case have been received from research institutions around the world,” Professor Robson said.

“The university is disappointed with the outcome of its legal action, which has left the principles ill-defined.”

Professor Robson said a further consequence was that it may become more difficult for universities to obtain the proceeds of commercialisation of research that has been done by their staff members. Universities normally put this funding towards further research.

“This could have extremely important ramifications for research, not only in universities but at other research organisations, in Australia and around the world,” Professor Robson said.

The university initiated its action following independent legal advice in order to protect its intellectual property and to uphold its regulations on ownership of patents developed by its staff.

In the action against former employee Dr Bruce Gray, the university claimed the ownership and profits arising from the exploitation of patents and other intellectual property developed by Dr Gray and others while he was an employee of the university.

The university had sought leave to appeal to the High Court following a decision of the Full Bench of the Federal Court last year which upheld a decision of the Federal Court in 2008.