Intellectual property and commercialisation

We can help you with:

• management of Queensland Department of Health intellectual property (IP)
• advice and education on Queensland Department of Health and the Hospital and Health Services IP and commercialisation activities
• linking researchers and industry to better translate Queensland Health research into real-world outcomes.

What is intellectual property?

Intellectual property refers to creations of the mind.

It includes a wide range of intangible property arising from intellectual or creative effort, such as:

• copyright protects materials such as journal articles, medical forms, computer programs, drawings, photographs, maps, musical works and audio-visual material.
• confidential information, trade-secrets, know-how such as scientific methods may be protected through non-disclosure agreements.
• inventions such as new devices, substances or methods may be protected by patent.
• trade marks protect names, logos, phrases or other “signs” used in connection with the provision of goods or services.
• design rights protect the overall appearance of a new and distinctive product.
• plant breeders’ rights protect new plant varieties.
• circuit layout rights protect the layout designs or plans of integrated circuits used in computer generated equipment such as computer chip designs.

The Queensland Health intellectual property portfolio is a valuable asset and, like all government assets, must be managed responsibly.

Why intellectual property is important

The law provides the owners of IP with exclusive rights for a certain period of time. These rights vary depending on the type of IP involved.

These include the right to:

• reproduce or download a document, or another type of copyright work, email it to somebody or place it on the internet
• translate material into another language
• convert a computer program from source code to object code or vice versa
• make, sell or hire a patented product
• use a patented method or process
• use a trade mark in relation to your goods or services
• stop others from infringing the IP.

The IP owner can licence (give permission to use) or assign (transfer ownership of) these rights to others. The owner can place conditions on how the IP may be used, including payment of fees and royalties.

Intellectual property rights give you control over who may use the IP and for what purposes. Queensland Health can use its intellectual property rights to ensure that research outcomes can be used to their full potential internally and by others.

Protecting your intellectual property

Copyright material is automatically protected when it’s created. There’s no formal registration process.

Patents, trade marks, design rights and plant breeders’ rights must be registered with IP Australia.

Confidential information can be protected by only giving it to others when it’s necessary and by using non-disclosure agreements.

IP clauses in research and procurement contracts are critical to ensuring that Queensland Health has the rights it needs to use and benefit from the IP. Researchers should review these provisions carefully to ensure that they are suitable for the circumstances and fair to Queensland Health and seek legal or IP advice if needed.

Employees and IP

Sometimes employees ask us to advise if IP they’ve created is owned by them or Queensland Health.

This generally depends on whether the IP was created in the course of your employment, the terms of your employment and any other relevant agreement between the parties.

If you want us to provide an assessment of ownership, complete the Intellectual Property Ownership Assessment Request Form (DOC 172 kB).

We may give the information provided in this form to our legal and other advisers on a confidential basis. We may also discuss the matter with your supervisor, who will have a role in the assessment process.

HHSs are separate legal entities to the Department and manage their own IP. If you’re a hospital and health service (HHS) employee, contact your internal legal, commercialisation or research Office for advice about IP ownership.

Projects that may be suitable for IP commercialisation

IP commercialisation involves using IP to provide goods or services or assigning or licensing the IP to others.

This is done to:

• generate revenue
• make new services and products available to the health sector
• getting investment to further develop the IP.

If you want to commercialise the IP from your Queensland Health research project, you’ll need to first complete and submit the Innovation Disclosure Form.

For more information, contact the Principal Policy Officer (Intellectual Property) at the Office of Research and Innovation:

• on 07 3708 5069
• at IP_Officer@health.qld.gov.au.