Intellectual Property

Intellectual property is considered to be managed by the HRECs – especially within the Ethics process for Full HREA applications. It should be noted however that there is no mention of same on the Low Negligible Risk application forms. The NSW Health PD 2005_370 Intellectual Property Arising from Health and Medical Research in PHOs is a reference in regards to queries regarding the research owner etc – please see below for the summary version:

• If a researcher is a staff member of the SLHD then the IP belongs to the SLHD (regardless if it was the staff member’s idea)
• If the researcher is a staff member of the SLHD and is doing the research (within the SLHD) as part of their university studies then the IP belongs jointly to both the SLHD and the University. (It is up to the student to negotiate IP rights from the university however the SLHD still retains joint IP rights)
• If a researcher is a university student – and is not an SLHD staff member – the IP belongs to the university. (It is up to the student to negotiate IP rights from the university however the SLHD still retains joint IP rights)
• If a researcher is in private practice and has no affiliation with a SLHD – the IP belongs to the researcher.
• If it is a joint project between the SLHD and a university and/or private practice – the IP belongs jointly to both the SLHD and the University and/or private practice.