Beruflich Dokumente
Kultur Dokumente
REPORT
Murdoch was created as a research university and since its establishment in 1975 has earned and
maintained a strong reputation for the excellence of its research work. In 2002 the University had nine
focused research areas of international merit that reflect its strengths and multi-disciplinary skills:
Murdoch is a medium sized university by international standards. In 2002 (as at 31 August), the
University enrolled 13,018 students (9,013 EFTSU) of whom 625 (458 EFTSU) were doctoral research
students and 108 (54 EFTSU) masters by research students and employed 454 FTE academic teaching
and research staff. It had Operating Revenues of $100.71 million and Consolidated Revenues from all
sources of $159.16 million. In the competitive new research funding system introduced in 2002 that links
research funding directly to research performance, Murdoch has consolidated the strong position it
established in 2001 as one of Australia’s top performing research universities on a per capita basis.
Research income increased by 29% from $19.36m to $24.94m between 2001 and 2002 and virtually
doubled in the five years since 1998 (See Figure 1).
$30,000,000
$25,000,000
$20,000,000
Grants
$15,000,000
$10,000,000
$5,000,000
$0
1998 1999 2000 2001 2002
CRC Income $902,023 $845,440 $1,482,613 $2,236,699 $3,873,441
Industry and Other Funding $4,625,829 $4,692,987 $5,002,285 $6,609,666 $7,131,167
Other Public Sector Funding $2,283,185 $2,256,300 $2,963,505 $3,586,364 $4,697,043
National Competitive Grants $4,939,970 $5,888,205 $6,643,244 $6,924,746 $9,242,680
Years
In 2002, the allocation of the operational research and research training budget in support of direct costs
was driven significantly by the Key Performance Indicators (KPIs) in the Research Training Scheme
(RTS) and Institutional Grants Scheme (IGS): Research Income, HDR Completions, HDR Funded Load
and Publications. This method of distribution has been effective in signaling the importance of research
performance across the institution and in aligning resources with research productive individuals and
groups. In short, Murdoch’s focus on outcome driven research in partnership with industry and
government has enabled it to consolidate its position in Australia as one of the leading research
universities on a size adjusted basis. It is committed to a future of strongly focused research and quality
research training.
The challenge for Murdoch is to continue to achieve national and international research excellence in a
limited number of key areas that will shape the intellectual, economic, social and ethical aspects of its
future. Murdoch seeks to develop depth combined with a flexible, open and adaptive approach to its
research and research training priorities. The difficulties of achieving these goals simultaneously are
recognised but such an achievement will be necessary to achieve research and research training
excellence in the future.
1.1 Mission
In carrying out its mission “to extend knowledge, stimulate learning, and promote understanding, for the
benefit of the community”, Murdoch University aspires to be a world-class university, which is
distinguished for excellence in teaching and research, accessibility, interdisciplinary and international
outlook. The mission statement for excellence and teaching in research specifies that:
• Research will be conducted to the highest international standards and will address contemporary
problems and issues of significance to the community; and
• Teaching and learning will be informed by research, and by an understanding of how students
learn.
1.2 Vision
In pursuit of its vision to be “a stimulating and exciting place in which to work and study, and…be valued
as a good corporate citizen within the community”, the University community has been encouraged to
adopt values and guiding principles for high quality research that addresses contemporary problems and
issues of significance to the community.
This mission and vision will be achieved through the following Objectives for research:
1. To maintain a productive research culture with particular areas of national and international
strength;
2. To attract talented postgraduate research students and to provide high quality research training and
supervision;
These Areas of Research Strength provide substantial interdisciplinary teams of highly productive
researchers to address significant research problems from all perspectives. In 2002, the recognised areas
were:
1
Process for Determining Murdoch University's Areas of Research Strength:
http://www.research.murdoch.edu.au/management/researchstrength.asp
The ARS are to be reviewed every three years by a committee of the R&D Board–the Committee for the
Review of Centres and Areas of Research Strength. The Committee will use both generic and individual
KPIs and benchmarking criteria to review the ARS against appropriate groups (nationally and
internationally). The emerging ARS will be reviewed each year, and potential new areas will be assessed
every 2 years.
The identified ARS are theme driven and membership is highly restricted in terms of guaranteeing quality
research performance and focus. This leaves many highly active and excellent Murdoch researchers with
international reputations not included in profiled areas. The University has established the Academy for
Advanced Studies, which consists of single or small groups of researchers with an international research
reputation, who do not fit in the defined ARS. Although the Academy is not a unified or externally
recognised ARS, it will receive preferential strategic funding and scholarships in the new funding model.
Succession planning in Areas of Research Strength is vital as leading research academics approach the
end of their working career. The PVC(R) in conjunction with the relevant Executive Deans will ensure
that succession issues are dealt with in advance. Proactive identification and recruitment of external
academics, early identification of potential leaders, nurturing of current early and middle career
researchers and provision of postdoctoral fellowships will ensure continuity of research excellence in
these areas. The ORDP 2001 - 2003 specifically deals with this issue to ensure that there is a research
input into all academic appointments especially senior ones, so that vacant positions are not automatically
replaced in the same area but a more strategic approach taken.
• Active Researcher: a member of staff who has achieved two of the following research results over
a 3-year period.
♦ 1 publication (as defined in the DEST collection);
♦ 1 external research grant or consultancy of at least $5,000;
♦ 1 higher degree research student completion.
• Potential Research Leader: an individual who would be recruited from existing Active
Researchers who has demonstrated outstanding leadership potential by a growing international
research performance through publications, review writing, delivering theme lectures at
conferences, generating research income, and other research activities (including representing the
University on external committees and performing other professional services). In addition,
Potential Research Leaders must have proven themselves as initiators of team activities, as research
mentors, good communicators, and researchers who share their findings, encourage research
colleagues, and developed a public profile.
• Passive Researcher: an academic staff member who has been appointed to a teaching and research
position, but is involved in long-term projects that have not yet yielded results, as well as staff
whose research activities have been dormant for a certain period, or who have not yet fulfilled their
research potential.
• Non-researcher: an academic staff member who does not perform any research by virtue of their
contract.
2 http://www.research.murdoch.edu.au/grants/regs.asp
Murdoch currently hosts a number of high quality research facilities. In 2002, Murdoch University was
successful in attracting $600,000 from the Australian Research Council Linkage – Infrastructure
Equipment and Facilities Scheme for glasshouse facilities and growth chambers at the State Agricultural
Biotechnology Centre (SABC). Plant production is a major economic activity in Western Australia and
generates more than $4 billion per annum for national economy. To compete in world markets,
sustainable plant production is increasingly based on detailed scientific knowledge of plant genetics,
responses to pests, diseases, biotechnology and molecular biology. To support such knowledge, the plant
research community in Perth was in need of growth facilities for plant research and containment facilities.
In partnership with the University of Western Australia and with supplementary funding $496,000 this
facility was extended and commissioned as the “Joint Controlled Environment Facility for Research and
Development in Plant Biotechnology in Australia”.
Murdoch’s SABC will also house the first full proteomics facility in the State, and one of only four in
Australia. Proteomics is the study of the patterns of expression of proteins in cells, tissues, organs or
organisms in response to external stimuli. The facility enables research to go beyond genetic analysis, by
allowing researchers to look at the way a cell responds over time to environmental stresses and other
external influences such as non-genetic diseases. The SABC had some of the best genomics and
proteomics equipment in Western Australia, making it a central hub for biotechnology researchers.
Researchers from all four public universities will use the proteomics equipment, for a variety of projects
including testing the effect of changing pH levels on legumes and the patterns of protein expression in
Alzheimer's disease. The proteomics facility was funded by an Australian Research Council Linkage
grant in 2002.
Murdoch’s new United Nations Environmental Program (UNEP) Environmental Technology Centre will
enable WA to play a major role in the development and application of environmental technology. The
Asia Pacific UNEP Centre, will see Western Australia lead Australia in the field of environmental
technology - the fastest growing sector of the global economy. Murdoch’s Environmental Technology
Centre is the first of four global UNEP co-operation centres, with others based in Africa, Latin America
and West Asia. The UNEP will invest $1.2 million in the Centre, with the State Government putting in
$600,000, Murdoch University $150,000 and Alcoa $50,000. The environmental technology industry is
Graduate attributes have been reviewed by a working party of Academic Council and an implementation
plan is being devised. In the recent Academic Quality Audit by the NZ Universities Academic Audit Unit,
the University was specifically commended for the prompt attention paid by the Division of Science and
Engineering to implementing the seven graduate attributes.
• Continue to assess and possibly amend recognised ARS (established and emerging) (responsible
for 80% of current research income) that will receive support from centralised strategic funds. The
ARS have strong research; large numbers of associated research active staff, research students and
postdoctoral fellows; significant external support from the academic, industrial, government or
commercial sectors; excellent prospects of employment for HDR graduates and significant
outcomes in terms of publications, reports and results of practical value to the community;
• Identify and support emerging areas of potential research on an ongoing basis. Other areas for
potential designation include atomic and surface physics and adaptive learning processes. There is
recognition that funding new or growing areas may be more cost effective than topping up our
current high profile areas capable of generating their own research funding, except where they
require seed funds for innovative projects that cannot be supported from other sources;
• Encourage collaboration in the focus areas with other quality R&D groups or individuals in
international or national tertiary institutions and the public and private sectors;
• Reward Murdoch’s internationally recognised researcher leaders. Some of these lead or are
members of Areas of Research Strength while others may work in small groups or largely alone
and be recognised in the Academy for Advanced Studies;
• Encourage the creation of an increasing number of research positions that are exclusively or
primarily for conduct of research;
• Provide core financial support to major initiatives or applications for major infrastructure or
equipment by obtaining maximum leverage of University funds. Priority for University funds
provided to LEIF grants, Systemic grants, State government Centres of Excellence grants, Major
National Research Facilities grants and others is based on minimum return on investment of total
funds to the University. This ensures an optimal use of University funds;
• Ensure that research funding and resources are primarily distributed to ARS through the new
research-funding model. This model rewards research excellence, taking into account research
income and HDR completions as the major drivers and HDR load and publications as the minor
drivers in the resource allocation process;
• Provide a quality training experience for research students and to build our numbers gradually by
attracting quality applicants and providing the maximal number of scholarships. Careful selection
and matching of research students to supervisors with an excellent supervision record is in train.
Provision of separate professional development courses for research students and for supervisors
will continue;
• Diversify and increase discretionary income is a key strategic objective that will be facilitated by
increasing consultancies, increasing fee paying research students from overseas and managing
Murdoch’s significant IP base to bring projects to commercialisation. In addition commercial
ventures such as Murdoch College and the retirement complex of St Ives that form part of the
campus town plan will start to return discretionary funds to Murdoch within four years;
• Market Murdoch's research strengths thus improving its International and National profile;
• Ensure the promotions system for academics reflects the new emphasis on consultancies and
commercialisation;
• Continue to provide assistance for those HDR students and academic staff researchers from
identified equity groups that are prioritised by the University;
• Succession planning.
In short Murdoch is undergoing considerable and rapid change. It is committed to a future of strongly
focussed research and quality research training. The challenge for Murdoch is to achieve national and
international research excellence in a limited number of key areas that will shape the intellectual,
economic, social and ethical aspects of our future. Murdoch seeks to develop depth combined with a
flexible, open and adaptive approach to its research and research training priorities. The difficulties of
achieving these goals simultaneously are recognised, but such an achievement will be necessary to
achieve research and research training excellence in the future.
Murdoch University continues its strategy to grow the number of research students to 7% of total student
load by 2003 (new ORDP R16.5a). In 2002, the University enrolled 12,354 students (8,527 EFTSU) of
whom 603 (483 EFTSU) were doctoral research students and 95 (50 EFTSU) masters by research
students, representing 6.25% of the total student population. The emphasis during the HDR program is on
• Maximise the number of scholarships available. Murdoch’s surveys show that the completion rate
of full-time students is twice that of part-time students. If a good student who would otherwise
enrol part-time can be provided with a scholarship to enable that student to study full-time there is
twice the probability of the student completing the research degree. The R&D Board is therefore
endeavouring to increase the number of scholarships for HDR students. In 2002 Murdoch increased
scholarship awards by 13% compared to 2001, by the allocation of over 50% of the R&D Board's
strategic funding. In particular, 90% of scholarships were awarded in Areas of Research Strength,
and 89% of those with top up stipends. The total number of scholarships funded by DEST in the
form of an APA, APA (I) or IPRS was 38 in 2002. In addition Murdoch internal funding from the
R&D Board provided 45 scholarships;
• Provision of new “PhD Completion Scholarships” for up to 6 months, valued at up to $4,000 each.
The intention is to encourage students close to completion to work full time on their theses, and so
complete them earlier. 20 Completion Scholarships were offered in 2002;
• Murdoch intends to ensure that there is strong and active research training supervision. This will be
facilitated by “Supervisor Support Awards”, in which up to $2,000 per supervisor per year will be
awarded each year. These funds can be spent on any legitimate purpose that supports the research
student-supervisor relationship, including editorial support, buy-out of routine teaching or marking,
purchase of computers or software, etc;
• Murdoch will also run at least two professional development courses in research student
supervision per annum, and the above supervisor support awards will only be provided to
supervisors who have participated in a course within the previous three years;
• In order to encourage supervisors and students to approach business, government agencies and
other external organisations to help fund joint scholarships for research degrees, the R&D Board
has agreed to match funds raised on a dollar for dollar basis to a limit of $30,000.
A working group of the R&D Board addressed these issues and made a series of recommendations, which
were accepted by the Board. These recommendations are also incorporated into the ORDP 2001 – 2003
and include:
• The research of the University should be publicized more systematically to the undergraduate-level
students through the teaching curriculum;
• Our best undergraduate students who show an aptitude for scholarly work and research should be
nurtured. A letter of commendation should be sent to them pointing out the possibility of pursuing
further studies in a research area and the role of the honours degree in this process including
opportunities for summer vacation work in our research;
• The University should better emphasize its standing as a Research University in its promotional
material and advertising;
• The linkage between research and teaching and its importance is acknowledged formally by
enshrining it as part of the Strategic Plan’s research strategies;
• In discipline areas where a program-teaching load is marginal, but the discipline has a strong
research/research training capacity, and is contributing substantially to the research income of the
University, the University should consider the option of converting the discipline's role to one of
research/research training only.
"With its high reputation for teaching, MU's research strengths are sometimes
overlooked. For example, MU has a high percentage of staff with PhDs. Responding to
the research White Paper, MU carried out a thorough process for identifying major and
emerging research areas. Identified areas will receive more favourable attention for
internal funding and staff positions, and will attract differential support from federal
scholarship funds. MU is now considering how to continue to support researchers who do
not fall into either of these categories, and is contemplating the notion of an 'Academy'
for these staff. This is a creative idea, and MU is encouraged to work through it carefully
and to aim to be inclusive. Over time, some areas may wither, and/or the staff join other
groups, but it is essential for any institution to be selective in the areas it can support.".
• The key position for research and research training in the University is the Pro Vice-Chancellor
Research;
• The Division of Research & Development, reports to the PVC(R) and facilitates all aspects of
research administration including policy, grants, research degrees and scholarships, ethics,
intellectual property management, and the commercialisation of research;
• The R&D Board4, chaired by the PVC(R), is the senior policy-making body for research and
development. It also administers candidature for postgraduate research degrees and allocation of
postgraduate scholarships. It allocates research and development funds assigned to it by the Vice
Chancellor, (subject to any conditions the Vice Chancellor may specify). The Board’s purview
includes strategic, resource and academic matters related to research, and it has a strategically
framed budget (See Section 3.4);
• The Research Degrees and Scholarships Committee (RDSC), a standing committee of the Board, is
responsible for implementing policy on postgraduate student issues. The Chair is the Director of
Postgraduate Studies, who is Deputy Chair of the R&D Board and responsible to the PVC(R) for
research training;
3
http://www.murdoch.edu.au/vco/admin/reports/audit/section6.html
4
http://www.research.murdoch.edu.au/management/briefing.asp#3
• Executive Deans are responsible to the Vice Chancellor and Senate for fostering excellence in
teaching, learning and research throughout the Academic Divisions, including monitoring
performance outcomes and introducing strategies to improve performance, and oversight of the
development and performance appraisal stuff;
• The Office of Internal Audit provides independent review and appraisal of the adequacy and
effectiveness of the University’s managerial control of R&D, including the management of risk;
• The Academic Quality Audit Committee is responsible for ensuring the quality of the University's
academic offering including research and development.
The ORDP 2001-2003 has identified clear areas of current research excellence, a process for identifying
emerging areas of research strength and methodology for continually monitoring and improving them.
The University was commended in the Academic Audit by the New Zealand Universities Academic Audit
Unit for its “research strengths in some areas, and MU’s identification of major and emerging research
areas”.
The ORDP provides for the detailed management of research and research training within the University,
which is a key component in achieving the University’s vision and mission.
5
Strategic Plan http://wwwadmin.murdoch.edu.au/planning/sqip/1997/
The new funding model has been implemented in 2002. The University directed $8.1 million to the R&D
Board, in support of research and research training activities (inclusive of scholarships). In addition $4.3
million was allocated to the Academic Divisions on the basis of research performance. The distribution
(47% Research Income; 33% HDR completions; 10% HDR Funded Load; and 10% Publications) closely
reflects the weighted average of the Research Training Scheme and Institutional Grants Scheme factor
weightings. This method of distribution has been effective in signaling the importance of research
performance across the institution.
To facilitate the implementation of its strategic objectives, the R&D Board administers a small number of
programs in support of research ($3.5 million) that target:
• Research Excellence;
The University is required to report on the expenditure of its 2002 Research Infrastructure Block Grant
(RIBG) and the Infrastructure Grants Scheme (IGS) allocations.
Library $ 181,000
Academic Divisions $ 717,000
Research and Development Board $ 610,000
$1,508,000
The allocation to Academic Divisions was based on the research performance of each Division as
assessed by the Murdoch University Research Index (MURI), which closely mimics a composite of the
RTS and IGS . The Academic Divisions and the Library are required to report on expenditure against the
RIBG Guidelines to the Research and Development Board at the end of the year (See Attachment 5). The
Research and Development Board used RIBG funds to support strategic initiatives in the ARS (See
Attachment 6).
The remaining $2.91m was allocated to the Research and Development Board to support research and
research training initiatives on a competitive basis and in line with the University’s strategic objectives
for research centres, research scholarships, research grants and other research support.
Murdoch’s research productivity is also confirmed by its Australian rankings for KPIs, which show that
Murdoch outperforms other larger institutions. Although Murdoch ranks 28th in size based on academic
staff FTEs, when controlling for size, Murdoch’s ranking is 12th nationally. In terms of research outputs
there were 10 publications per 10 research staff FTE in 2001, and an average of 2 HDR student
completions per 10 academic staff FTE.
In 2002, a total of 1,083 commencing full fee-paying international students enrolled at Murdoch. This
figure included 249 postgraduate students, 232 of whom enrolled in postgraduate coursework degrees and
17 in research degrees. The average time to complete HDR students has decreased steadily from 5 years
in 1996 to 4 years in 1999, where it has remained relatively constant.
The strategy for ensuring quality is detailed in the Strategic Plan. Murdoch aims to:
• attract and retain talented postgraduate research students and to provide high quality research
training and supervision;
• improve the quality of postgraduate supervision and the research infrastructure for postgraduate
research students.
Quality in the research training experience is based first on attracting high quality students into Honours
and PhD programs and then on supporting them in their studies; being responsive to their views and
needs; providing appropriate induction and training courses; providing top quality infrastructure, library
and computing facilities; monitoring progress of research; participating in seminar series; providing
opportunities to demonstrate in laboratory classes; providing training for research supervisors; providing
6
External Quality Audit Report http://www.murdoch.edu.au/vco/admin/reports/audit/
• requiring a program of study, annual reports and milestones (substantial pieces of work) for each
student;
• increase the number and value of internally and externally funded scholarships;
• ensure that research students have access to adequate infrastructure and maintenance funds to
conduct approved programs of study;
• establish flexible and effective procedures to monitor, and where necessary intervene, to assist with
postgraduate research student progress;
• establish flexible conflict resolution procedures to resolve problems between research students and
staff;
• encourage every research student to present their research at a national or international conference
at least once during their candidature.
For each of these operational strategies the current performance is assessed against targets to maintain and
improve quality. All the Operational Strategies are monitored in annual performance reviews and have
targets set to maintain and improve the quality of research training at Murdoch University.
A University-wide induction for all new research students is conducted annually and complements
induction activities provided by the Academic Divisions. Murdoch International makes sure that
International research student needs are fully addressed, with a comprehensive induction program over 1-
2 weeks, depending on the students’ circumstances and time of arrival.
Academic Divisions are required to monitor and report on the resources provided to HDR students,
including maintenance funds, conference travel, access to research space, desks, computers,
communications, photocopiers, equipment and facilities, and other specific requirements.
Monitoring of research student progress is based on a constantly improving Annual Progress Report,
which includes reporting research progress, problems, planning and milestones.
All HDR students are surveyed about the quality of supervision. Surveys are conducted by the Teaching
and Learning Centre (TLC) and reported to Research Degrees and Scholarships Committee (RDSC)
(results of surveys are presented in the next section). Annual training courses are conducted for early
career supervisors and experienced supervisors. Annual generic skills training courses are conducted for
research students at no cost to the students. Courses are usually assessed. They include health and safety
courses, report and thesis writing courses, computing/word processing/PowerPoint/web courses,
specialised courses on specific topics (eg bioinformatics, molecular biology and gene mapping),
IP/patenting and commercialisation skills, and assistance to find employment.
The R&D Board provides travel funds up to $3,000 per student during their candidature to support
conference participation.
The University’s research training performance has steadily improved, with average completion times
decreasing from 54 months in 1997 to 47 months in 2002.
A number of options are being considered for the collection and reporting of employment outcomes for
HDR students including the development of an employment survey and the reporting on performance in
School Reviews.
Divisions Report annually to the RDSC on their provision of resources to students. A creditable 68% of
students were satisfied that there was appropriate financial support for their research.
• To foster links with industry, commerce, government agencies and other universities in mutually
important research areas with a view to generating increased research funding;
• To increase the commercialisation of research and improve the management of consultancies (See
Section 6).
There is clear evidence that successful implementation of these strategies by Murdoch has provided an
environment that fosters supportive relationships and partnership with business, government and other
organisations. These relationships are expressed through a number of initiatives including the Cooperative
Research Centres (CRCs); cross-disciplinary and cross-institutional centres; collaborative grant
applications; and partnership with industry—including incubation of companies.
• making industry, commerce, government agencies and other universities more aware of Murdoch’s
research capacity;
• developing strategically important areas of research with the capacity to develop effective links
with industry, commerce, government agencies and other universities in Australia and overseas;
• enhancing the Murdoch University and Industry collaborations to encourage industry to provide
funding for collaborative research projects;
• provision of support and training to academic staff in preparation of applications for funding and
consultancies;
• effective management of a proposed dedicated commercial arm via the Industry Liaison Office for
managing and supporting research consultancies and commercialisation opportunities.
Murdoch’s early commitment to partnerships with industry and other institutions enabled it to take
immediate and early advantage of new government collaborative initiatives such as: the CRC Program,
The Australian Research Council Linkage Program, State Centres of Excellence and various technology
diffusion schemes. Murdoch University currently hosts a Co-operative Research Centre, and in 2002 was
a core partner in 4 others. Murdoch has been awarded seven State funded Centres of Excellence grants.
Further evidence of this approach to collaborative R&D is seen by Murdoch’s success in attracting 34
ARC Linkage grants in the last 3 years, increasing international funding by 95% and total research
income by 60% over the last five years.
This ARS area encompasses a number of nationally recognised research centres that address many of the
priority goals related to water, soil, transportation and biodiversity. This priority area includes the
following centres:
The research centres and institutes in this national priority area are as follows:
• The World Health Organisation Collaborating Centre for the Molecular Epidemiology of Parasitic
Infections.
There are two approaches to the extraction of metals from minerals: hydrometallurgy (using solutions)
and pyrometallurgy (using high temperatures). Hydrometallurgy plays an essential role in the processing
of many mineral products including alumina, gold, zinc, nickel, copper, uranium, manganese dioxide (for
batteries), salt and titanium dioxide (for paints). The research needs of the different commodity areas vary
considerably. For this reason, the Centre has different research programs, devised in consultation with
industry, for the three main areas of alumina, gold and base and other metals. Hydrometallurgy plants are
very capital intensive and generally have a long life. The research focus of the Centre is, therefore, to
work collaboratively with industry in the optimisation of existing plants, rather than develop new
processes. The purpose of the optimisation is to maximise efficiency and yield, while minimising the
processing costs.
This CRC exemplifies the enthusiastic collaborative spirit with other universities, industry, State and
Federal Governments. The other university partners include Curtin University of Technology and The
University of Queensland. The government partners include the CSIRO Division of Minerals, and the
WA Department of Minerals and Energy. It is the leading Centre worldwide in this field and includes the
following industry partners: Acacia Resources Ltd, Australian Mineral Industries Research Association
Ltd, BHP Research & Technology Development, Comalco Aluminium Ltd, Nabalco Pty Ltd, Normandy
Mining Ltd, Pasminco Ltd, Queensland Alumina Ltd, Resolute Ltd, Technology Resources Pty Ltd,
WMC Corporation Ltd and Worsley Alumina Pty Ltd.
ACRE does research in four clearly defined and linked programs: Power Generation, Energy Efficiency,
Energy Storage and Power Conditioning. These are all essential elements of efficient and cost-effective
renewable energy delivery systems. The research focuses on a number of sources of energy including:
photovoltaic, solar-thermal, electric windows and wind. These four research programs feed into a fifth
and unifying program, Systems Optimisation and Integration. Out of this program a Demonstration
Program was developed, which links research to commercialisation and marketing, specifically in the
Asia/Pacific Region. The Education and Training Program has a strong industry focus. A Strategic
Planning and Market Assessment Program provides ongoing feedback and monitoring of competing
technologies.
The Centre is widely supported by industry with partners including Integrated Technical Services Pty Ltd;
ZBB Technologies (Australia) Ltd; Westwind Turbines Ltd; Western Power Corporation; Silicon
Technologies Australia Ltd; Energy Australia; Australian Inland Energy; Powercorp Pty Ltd; Power
Search Ltd; Industrial Research Ltd (NZ); and ANUTECH Pty Ltd. The other university partners include
Northern Territory University; Curtin University of Technology; Queensland University of Technology;
University of Newcastle; The University of New South Wales; University of Technology, Sydney; and
The Australian National University. Government partners include the Power and Water Authority,
Northern Territory, and the CSIRO, Division of Applied Physics. It also includes the Centre of
Appropriate Technology (CAT) Inc.
In 2002 Murdoch University entered into agreement to foster bilateral co-operation in Bio-informatics
and Biological Computing with the Multimedia Development Corporation, Malaysia.
Also in 2002, the university formed international collaborative links with the Sarawak Government,
Malaysia, valued at $800,000 to provide water management guidelines. The potential and commercial
“spin off” of this agreement will continue to strengthen its research and teaching capability in this region.
Research collaboration with countries in Europe, Asia, Southern Africa and USA continues to build with
a seven-fold increase in the last five years. Murdoch University has developed important links with 73
institutions throughout the world. Of these, 33 are for the purposes of student exchange, 32 for academic
and research collaboration and 8 for the teaching of Murdoch programs offshore. The academic and
research collaboration partners are located in Bangladesh, China, Germany, Hong Kong, Indonesia, Italy,
Japan, Kenya, Korea, Malaysia, South Africa, South Korea, Taiwan, Thailand, Turkey, USA Uruguay and
Vietnam. Many of these linkages also allow for HDR student and staff exchanges to occur. By continually
3.00%
Proportion of Murdoch to Total Grants (%)
2.50%
2.00%
1.50%
1.00%
0.50%
0.00%
1999 2000 2001 2002
Murdoch has made a clear ongoing commitment to pursue the commercialisation of its R&D in the
Strategic Plan by the following strategies:
• Actively seek out commercial opportunities within the University by seeking licensing
opportunities arising from R&D and early stage opportunities requiring seed capital to facilitate
R&D;
• Develop incentives to commercialise R&D outcomes and for shifting focus of research into areas
that may deliver commercial outcomes;
• Develop structures which may provide internal support for commercial funding; and
• Publications and the free interchange of ideas and information through seminars and other forms of
informal communication;
• People transfer, including the recruitment of former students, researchers and staff by companies
and the secondment of staff both into and out of the science base;
While there are many way of delivering economic benefits to industry, including joint ventures, informal
or semi formal cooperative arrangements and other non-proprietary agreements, two forms of
commercialisation—licensing and the creation of spin-off firms—provide the clearest path to the greatest
industry/economic benefit through new and established industries.
IP in exchange for
equity in a
spin-off business
The University’s objective for Intellectual Property is: to facilitate the development, protection and
commercialisation of intellectual property from innovative research. Performance indicators with
annual reporting include: the number of commercial projects initiated, number of patents filed, number of
technologies licensed, number of spin-off companies registered, research income from Australian
business, and research income from Australian business as a percentage of total research income.
The University has established two bodies to achieve these objectives – the Industry Liaison Office (ILO)
within the Division of R&D, and The University Company Pty Ltd (ACN 009 171 386), or UNICO, as it
is known. The ILO has two key functions. The first of these is to link Murdoch University researchers
with industry partners to exploit commercial opportunities arising from research, while the second role of
the ILO is to provide legal and contract management support, for these commercial alliances as well as
for the University itself, particularly with regard to its research functions. As an incorporated entity,
UNICO is well placed to build on the University’s research strengths by entering into strategic
commercial partnerships with and thus sourcing funding from, industry. Together, these two areas are
responsible for maintaining links with industry, identification of potential commercial partners, provision
of business advice and strategic planning, legal support and drafting, IP protection advice and
management, and marketing assistance for the Division of R&D.
To assist in identifying potential areas for IP protection and research commercialisation, Murdoch has
employed independent consultants, to undertake a Commercial Opportunity Audit each year (See
Attachment 10). Further strategies to manage consultancy, collaborative research, subsidiary companies,
commercialisation and education and training are outlined below.
To develop awareness and enhance commercialisation skills an externally presented three-day course is
delivered annually to complement the regular in house presentations on good practice in IP protection and
commercialisation. These courses are targeted at both research students and academic staff. Additional
funds from the Division of R&D are being allocated to support commercialisation, retain expert advice,
fund these commercialisation courses and commercialisation audits, and support viable commercial
projects.
Under the Federal Government’s Pre-Seed Fund program, set up as part of its “Backing Australia’s
ability” initiative, Murdoch subscribed to SciVentures Pre-Seed Fund in September 2002. The Pre-Seed
Fund program provides venture capital to assist universities and other public sector research organisations
to commercialise their early stage discoveries and create new business opportunities. Murdoch has
committed $500,000 over 10 years to the Fund. This subscription will bring two main benefit streams to
the University. The first of these will be a return of revenue on that commitment over the life of the Fund
that can then be used to further resource the University’s R&D and commercialisation efforts. A second
benefit to Murdoch from its association with the Fund is that Murdoch can apply to SciVentures for
SciVentures to invest in Murdoch’s own “pre-proof of concept” research discoveries. The investment
funds provided by SciVentures will be used for further R&D of the project to “proof of concept stage”
and beyond, market assessments, patenting and legal fees. The three stages of funding offered by
SciVentures are designed to take a pre-proof of concept project to market, by way of spin-out company,
trade sale or licensing arrangement. To date, Murdoch has submitted one application to SciVentures
seeking investment funding for the Cryptosporidium diagnostic project. A second application (dealing
with a novel approach to overcome parasite resistance in livestock) will be submitted shortly.
Murdoch’s involvement with SciVentures both as an investor and investee will ensure a return of funds to
the University from its investment in Australian public sector research generally, and the
commercialisation of its own research.
• The University Company Pty Ltd (ACN 009 171 386), incorporated in 1973 to encourage and
commercialise research and innovation by the University;
• Am-Si Pty Ltd (ACN 009 443 047) incorporated in 1995 to research and develop amorphous
silicon solar cells for commercialisation;
• MS Biotechnology Pty Ltd (ACN 093 647 655) incorporated in 2000 to develop a diagnostic test
and vaccine against multiple sclerosis;
• Rumen Biotech Pty Ltd (ACN 095 735 863) incorporated in 2001 to develop a novel approach to
nematode control in sheep by using bacteria that produce toxins specific to these parasites;
• Botanical Resources Pty Ltd (ACN 009 244 160) incorporated in 1987 to develop and
commercialise a mallee plant variety for re-vegetation of marginalised regions that yields high
quality oil for pharmaceutical and industrial applications;
• Paragen Pty Ltd (ACN 101 213 405) incorporated in 2002 to develop and commercialise a vaccine
against fleas affecting domestic dogs and cats, and a diagnostic test for flea based allergic
conditions in companion animals.
The performance indicator target is to establish one subsidiary company every year. In addition to
companies in which Murdoch has equity, the University also hosts a cluster of companies that use its
facilities and pay a commercial rent for space at the SABC or elsewhere, some of which have been
established by former Murdoch researchers. These include Biotest Pty Ltd, Grain Biotech Australia Pty
Ltd, Saturn Biotech Pty Ltd, Proteomics International Pty Ltd and Ozgene Pty Ltd.
Strategies to achieve the objective include regular seminars on consulting policy and guidelines, actively
seeking opportunities for research consultancies, promoting Murdoch’s capabilities in key areas via
targeted promotional material, and due recognition of researchers who mostly consult in the promotion
process and internal funding model. University Senate Approval has been granted, and funds have been
allocated to establish a dedicated company structure to provide administrative, financial, legal and
marketing support to the University’s consulting capabilities. Such an approach will further advance
Murdoch’s consulting capabilities, and income generation.
HDR students
All HDR commencing2 in
students1 2002
(EFTSU) (EFTSU)
All research
- by research cluster3
Science & technology 156 34
Health & medical research 77 26
Arts, humanities & social sciences 300 76
Total - All research 533 136
Areas of research strength4
Agricultural and Veterinary Biotechnology 68 17
Contemporary Asia 23 4
Hydrometallurgy 15 1
Social Change and Social Equity 41 12
Technologies and Policies for Sustainable Development 65 15
Ecosystem Management and Restoration 48 11
Interactive Media 36 12
Category 4
Category 1 Category 2 Category 3 2001-2002
($’000) ($’000) ($’000) ($’000)
All research
– by research cluster2
Science & technology 4,970 23274 4,981 3,556
Health & medical research 2,622 581 1,002 124
Arts, humanities & social sciences 1,020 1,473 1,148 193
Total - All research 8,612 5,328 7,132 3,873
Areas of research strength3
Agricultural and Veterinary 3,588 740 836 124
Biotechnology
Contemporary Asia 280 71 0 0
Hydrometallurgy 69 30 274 3,041
Social Change and Social Equity 149 117 39 0
Technologies and Policies for 500 573 307 611
Sustainable Development
Ecosystem Management and 1,403 336 241 97
Restoration
Interactive Media 107 82 11 0
7
Research income, and source of research income categories ‘1, 2, 3 and 4’, are defined in accordance with the
DEST Higher Education Research Data Collection (HERDC). The guidelines can be accessed at
http://www.dest.gov.au/highered/research/herdc.htm.
Number Number of
of staff staff Number of
who Number of eligible to staff who
generated staff who supervise supervised
Number research generated HDR HDR
of staff1 income2 publications3 students4 students
All research –
by research cluster5
Science and technology 136 76 141* 109 87
Health & medical research 93 29 51 87 54
Arts, humanities & social sciences 207 63 138 198 145
Total - All research 436 168 330 394 286
Areas of research strength6
Agricultural and Veterinary 38.5 33.5 30.5 35.5 37.5
Biotechnology
Contemporary Asia 14.5 7.5 8.5 9.5 9.5
Hydrometallurgy 17 8 8 8 10
Social Change and Social Equity 9 8 5 8 9
Technologies and Policies for 34.5 19.5 20.5 25.5 31.5
Sustainable Development
Ecosystem Management and 22 18 18 21 22
Restoration
Interactive Media 26.5 5.5 12.5 18.5 26.5
*An anomaly has occurred in Science and Technology where more staff have published papers than there are
staff in “Research Only” and “Teaching & Research” classifications. This has occurred due to the use of
EFTSU & some staff classified as “teaching only” publishing papers accepted in the DEST HERD collection.
Share of
supervising
staff1 (%)
The share of supervisors who hold a higher degree qualification 92
The share of supervisors who undertook formal supervisor training2 in the year 22
The share of supervisors who have had at least one HDR student complete3 in the year 31
1. Established
1.1 Hydrometallurgy
The Parker CRC for Hydrometallurgy (the Parker Centre) was established in Perth in 1992 under the
Australian Government's CRC Program and is sited at Murdoch. The Parker Centre was awarded a
second 7-year term in 1999 from the CRC Program (worth $18.5million in total) because of its innovative
research for the mining industry and remarkable technology transfer successes. Because it produces major
financial savings for the mining companies, the mining industry now outsources a large amount of its
relevant R&D to the Centre. The Centre has won several awards including the Research and Development
Award in the 1996 WA Industry and Export Awards, the Bank West Research Fellowship in Mineral
Science in 1996, one of the inaugural CRC Association Awards for Excellence in Technology Transfer,
and the 1999 Business/Higher Education Round Table (BHERT) Award for Outstanding Achievement in
Collaborative R&D involving a CRC. The Centre enjoys substantial industry support for its activities,
exemplified by the increase in cash income from industry-funded research from $350,000 in the first year
to $3.63 million in 1999/2000, which clearly demonstrates the growth in demand for the Centre's
expertise.
Twelve major mineral processing companies and the University of Queensland joined the original
partners (CSIRO Minerals, Curtin University, the Department of Minerals and Energy (WA), Murdoch
University and Australian Minerals Industry Research Association (AMIRA)) as core participants in the
Centre on 1 July 1999. From a small group of researchers working in different organisations with limited
collaboration in 1992, the Parker Centre has grown to become Australia's largest hydrometallurgical
research organisation. It is a world leader and a major asset for Australia.
The Murdoch component of the Centre brings together a world-class team of researchers with diverse yet
complementary skills and backgrounds who carry out research on behalf of the minerals industry, at the
laboratory-scale, pilot-scale and in industrial plants. Research at the Parker Centre saves the Australian
minerals industry $10-$20 million a year. The Centre's research aims to optimise the performance of
existing hydrometallurgical plants by increasing efficiency, yield and productivity, whilst minimising
costs. A new pilot plant has recently been funded and installed by one of Murdoch’s partners. Further
information at http://www.parkercentre.crc.org.au/ .
The activity that binds this area of research strength together is the application of generic molecular
technologies including molecular biology/genetics, genomics, proteomics, biochemistry, cell biology and
bioinformatics for both basic and applied research in biotechnology. Research areas include plant gene
mapping and marker assisted selection, plants engineered for pathogen resistance, and plant-microbe
interactions, including pathogenic and symbiotic bacteria, fungi, insect, nematodes and viruses; animal
production including the effects of nutrition on meat quality and disease, animal disease control including
oncology, bacteriology, virology and parasitology; animal diseases and their human consequences, and
biomedicine. It is associated with a series of start-up companies based in the SABC, including Biowest,
Biotest, Grain Biotech Australia, MS Biotechnologies, Saturn Biotech and Proteomics International. This
very substantial group has 25 Murdoch staff researchers and additional external researchers directly
involved (e.g. from WA Department of Agriculture, the University of Western Australia and Curtin
University of Technology), together with 122 HDR students and many local, national and international
collaborations.
Murdoch University has a long history of involvement in this field and has four interactive research
groups working on various aspects of this Area. These groups include the Australian Cooperative
Research Centre for Renewable Energy (ACRE), two State Centres of Excellence for industry focused
R&D: the International Environmental Technology Centre (IETC), the Centre for Organic Waste
Management; and the Institute for Sustainability and Technology Policy. An important new development
is that the United Nations Environmental Program (UNEP) has cosponsored the IETC with the WA State
Government and Alcoa as the first of five global centers for sustainability research and development.
The groups in this area work closely together on major projects and interact regularly on research and
teaching projects. In the future these groups will formalise and coordinate their operations in order to
enhance the University's capacity to bid for major projects in the area of sustainable development, in the
international, national and local markets. This area has brought in $10.36 million of research funding in
the period 1996 - 2000. This area of research strength involves 36 Murdoch researchers, and 5 external
researchers, and 115 HDR students. The group plans to submit applications for about $3.58 million in
research funding from all sources in 2001.
The CBBC also conducts research and development in comparative genomic sequence analysis,
molecular evolution (specialising in primate evolution), information systems for genomic data, micro
array data analysis and the design of new computational tools and algorithms. It delivers undergraduate
courses and research training in bioinformatics. The CBBC has initiated strong links with strategic areas
of agricultural biotechnology, medical biotechnology and the computational sciences to develop
computational resources for discovery of novel genes and gene regulatory mechanisms. Collaborations
have been established with: Tokai University (Japan), the WA State Agricultural Biotechnology Centre
(SABC), the National Institute of Genetics (Japan), ANGIS (University of Sydney), the WA Micro array
Facility and Royal Perth Hospital. There are 4 staff and 6 research students in this new area.
2.2 Intelligent Systems and Software Development for Process Operation Management
This developing area of research strength has recently been awarded WA State Government funding as a
Centre of Excellence for Industry Focused R&D. It involves collaboration between experts from three
areas: Process Control, Pattern Recognition/Machine Learning/Computer Vision, and Software
Engineering, who pool their expertise to solve complex industrial problems. The group of 6 high level
Murdoch researchers includes early career female researchers, an unusual situation in Engineering,
postdoctoral researchers and 9 HDR students. The aim is to research and develop mechanisms to improve
their efficiency, detect problems and abnormal situations, the diagnosis of problems, prioritisation of
control problems, development of strategies for remedial action and visual sensors not yet used in process
plants.
By bringing together a critical mass of key researchers in a new and expanding area, which has a high
level of government and international interest, the Institute further satisfies the Strategies and Outcomes
identified in the Murdoch Strategic Plan for Research.
Objective R.1 – R.14 To maintain research excellence based on a productive research culture, focused on selected areas of national and
international research strength
Grants
Objective R.15-R19 To attract talented postgraduate research students and to provide high quality research training and supervision
Objective R.20-R.22 Ensure that the University maintains high ethical standards in all its research activities
Number of permits with substantial research conduct problems as a percentage of total permits for both
Research Consultancies
Total consultancy income – research and other
Total Research Consulting income
Proportion of research consulting income to total research and consultancy income
Ranking of Murdoch against other universities
Research consultancy income from business
Proportion of research consultancy income from research and other
Total consultancy income (research and other)
Tenders
Total major tender income
Proportion of successful major tenders
Commercialisation of Research
Number of commercial projects initiated
Proportion of successful commercialisations
Number of technologies licensed
Number of provisional patents filed
Proportion of provisional patents proceeding to full patents
Income from UNICO spin-off companies
Number of adjunct appointments from industry
It was noted that the information contained in some of these KPI’s might be sensitive and they should be used for internal planning only.
Objective R.1 – R.15 To maintain research excellence based on a productive research culture, focused on selected areas of national and
international research strength
Grants
1.1 Ranking of Murdoch against other universities for NCG’s, OPS, etc.
1.2 Proportion of academic staff holding NCG, OPS or industry research grant
1.3 Proportion of academic staff with direct involvement in research
1.4 Research income trends
It was noted that the information contained in some of these KPI’s might be sensitive and they should be used for internal planning only.
R.3.1b Annual report (one page Individual researcher, Pro Vice Chancellor –
proforma) required from each of Research and Research.
these nominated researchers by 30 Development Board.
September – commencing 2002.
1. Research Consultancies
1.1 Total consultancy income – research and other
1.2 Total Research Consulting income
1.3 Proportion of research consulting income to total research and consultancy income
1.4 Ranking of Murdoch against other universities
1.5 Research consultancy income from business
1.6 Proportion of research consultancy income from research and other
1.7 Total consultancy income (research and other)
2. Tenders
2.1 Total major tender income
2.2 Proportion of successful major tenders
3. Commercialisation of Research
3.1 Number of commercial projects initiated
3.2 Proportion of successful commercialisations
3.3 Number of technologies licensed
3.4 Number of provisional patents filed
3.5 Proportion of provisional patents proceeding to full patents
3.6 Income from UNICO spin-off companies
3.7 Number of adjunct appointments from industry
Personnel Division
Forder/Hood 5% $ 2,000.00
Edge 20% 11,000.00
Roberts 10% 4,000.00
Harris 30% 31,000.00
Barker 100% 31,000.00
Facility refurbishment
School of Biological Science and Biotechnology
Admin office 50% 32,332.00
Postgrad student office 11,830.00
$ 535,900.00
Division of Arts
Library resources Funds used to purchase Library resources, references and 3,157.00
interlibrary loans.
RECONCILIATION RIBG
Balance carry forward 2001 $ 715,272.65
Add DEST allocation 2002 1,508,451.00
Total funds available 2,223,723.65
Less total RIBG expenditure for 2002 2,325,425.00
Deficit carry forward 2003 (FULLY EXPENDED) - $ 101,701.35
Strategic Allocations (Centres) Centre for High Throughput and Agricultural $ 50,000
Genetic Analysis
Centre for Legumes in Mediterranean 20,000
Agriculture
State Agricultural Biotechnology Centre 150,000
WA Biomedical Research Institute 60,955
Sub-total $ 321,955
Sub-total $ 115,000
Total $ 436,955
Contemporary Asia:
Strategic Allocations (Centres) Asia Research Centre $ 157,326
Total $ 157,326
Hydrometallurgy:
Strategic Allocations (Centres) CRC Parker Centre $ 150,000
Total $ 150,000
Interactive Media
Infrastructure -
Total $ -
TOTAL $ 1,430,225
Chronological Milestones
Feb 1975 A proposal was put forward to the University by the Mineral Chemistry Unit, to work
with Anumin Pty Ltd (a company established by ANU to exploit and patent discoveries
arising from university research) to exploit discoveries in the treatment of copper ore
made by the Unit.
Nov 1975 Murdoch and Anumin enter into an agreement to exploit the aforementioned patents. The
agreement was scheduled to continue until June 1976, subject to the continued existence
of the Mineral Chemistry Unit at Murdoch.
Jul 1976 The agreement was extended until 31 December 1976, after which, Murdoch would
assume management of the patents and the license agreement.
Oct 1976 The University deliberated over the idea of incorporating the Mineral Chemistry Unit as
a separate legal body named “Murmin Pty Ltd”.
Nov 1976 Senate approved the establishment of a limited liability company that would basically
incorporate the Mineral Chemistry Unit, similar to Anumin.
Mar 1977 Senate decided that instead of incorporating an entirely new body, the University would
instead acquire the shareholding of Anumin Pty Ltd from ANU, as this arrangement was
the simplest way of transferring responsibility of the project.
- The University acquired Anumin from ANU, with the primary purpose of Anumin
being to service the Mineral Chemistry Unit.
May 1981 Due to financial constraints at Anumin, Murdoch made a $2000 loan to Anumin.
Murdoch made a $30,000 loan to Anumin, whilst encouraging the Directors of the
Company to seek an additional $50,000 in outside funding to help fund the Company in
interesting its patented processes to industry.
Sept 1984 The name of Anumin was changed to Murmin Pty Ltd to better reflect the status of the
company. All references to ANU were also removed from the company’s structure.
Mar 1986 Murmin extended its areas of operation to include other areas of the University in
developing contract research, in addition to the Mineral Chemistry Unit.
Mar 1988 The University authorized Murmin to coordinate the consulting and contract research
activities of the academic and general staff of the University.
Oct 1989 The name of Murmin Pty Ltd was changed to The University Company Pty Ltd.
Apr 1991 A loan of $93,000 was made to Unico to help tide over Unico’s problems that had arisen
due to the failure of the Zinc Bromide Battery Project.
Oct 1991 The OAG was appointed as auditor of Unico.
May 1992 Unico became a shelf company. The University took over responsibility for the operation
of Unico and its various contractual arrangements as from July 1992. The Directors of
Unico were stood down, and senior executives of the University were appointed to the
Board. Unico’s role would be to act as an investment or licensing instrument for any
commercial agreements.
Jun 1992 A position was established in Research & Development to service the functions of
Unico.
Since Unico became a shelf company in 1992, several unsuccessful attempts were made
to re-establish Unico and appoint a business manager for the company.
Dec 2000 Unico entered into an agreement with Exodus Minerals Ltd to fund the MS Project.
Major consultancies
The major consultancies that Unico has been involved in to date include consultancies for the
following bodies:
• GreenPeak Technologies Pty Ltd
• Office of Road Safety
• Ministry of Justice
• Solar Energy Systems Limited
• MS Biotechnology
• Conve Ltd
• Commonwealth of Australia
• Breesagen Ltd
Commercialisation Strategy
LIKELY
STAGE PHASE CHARACTERISTICS COMMERCIALISATION
STRATEGY
• Research • Fundamental Research
• Applied Research
• Discovery
Joint Venture Strategic
• Technology • Proof of Concept Alliance with Early Stage
Idea
Investment Funds e.g., Sci
• Inventions Characterised
Ventures Pre Seed Fund.
• Applications Scoped
• Pathway strategy options
evaluated
• Opportunity • Potential markets and
Definition differentiation
• IP position
• Business options
• Opportunity • Defined options
Development
Development • Competition defined Licensing
• Capturing IP position
• Business • Tested business model
Definition
• Defined value proposition
• Executive staff
recruitment
1. Introduction
Intellectual Property includes the legal rights relating to intangible property such as copyright,
registered designs, patents and trade marks. Intellectual Property laws protect the intangible aspects of
a product, For any product or process, its sales literature, software and promotional film may be
protected by copyright; its shape or pattern may be a registered design; its invention may be patented;
its name may be registered as a trademark; and confidential information about it may be protected by
action for breach of confidential information.
Unlike personal property, Intellectual Property cannot be possessed and unlike real property it cannot
be occupied. Yet, the intangible assets, which Intellectual Property laws protect, may be the most
valuable assets of a university. This is why best practice requires that Murdoch University has an
Intellectual Property Policy in place to protect the interests of its staff, students and the University
itself. In developing this policy and associated guidelines, the University seeks to set out the
framework by which the University will protect, develop and commercialise Intellectual Property
arising from University research, and enable the originators of discoveries and developments to
benefit from their commercial exploitation and be recognised for their work. In providing such
incentives for staff and students to actively pursue commercial opportunities, this policy forms part of
the University’s overall strategy to create an environment that fosters innovation and discovery. It is
of course understood by the University that protection of IP does reduce the academic freedom to
publish and transmit research outcomes.
Where this Policy is in conflict with Statute 18, Statute 18 will prevail until such time as the Statute is
amended to reflect the terms of this Policy. Application of this policy is administered by the Division
of Research and Development and Divisions, Schools and Offices of the University.
2. Policy Objectives
The objectives of this policy are to:
i. Provide certainty about the ownership of Intellectual Property created in the course of
university activity;
ii. outline the responsibilities and obligations of the University, its staff and students in the
management of Intellectual Property; and
iii. help facilitate the commercialisation of this Intellectual Property for the benefit of the
University, its staff and students, and the community.
In this Policy:
a. Adjunct Appointee means a duly appointed adjunct to the University appointed according to
procedures and policies in place relating to adjunct appointments and as may vary from time to
time.
b. Commercialisation means the process of gaining financial benefit from University IP. This
includes protecting, managing and developing the commercial value of Intellectual Property
and research, most commonly through the creation of linkages with industry and the creation of
commercial enterprises linked by formal legal agreements to the University.
i. Human readable source code and executable object code (including program
applications, firmware and compiler code) and associated listings;
ii. Source materials that support and explain the items referred to in (i.) above, database
structures, object libraries and reference files, master files, and field descriptions and
record layouts;
iii. Embedded software tools, if any;
iv. Circuit diagrams, printed circuit board layouts, hardware and electronic components
listings, layout drawings and installation instructions; and
v. Any modifications to the foregoing.
d. Copyright Work means any work as defined in the Copyright Act 1968 (CWth) including
artistic, literary, dramatic, or musical work, sound recording, cinematograph film, television
broadcast, sound broadcast, published edition of a work, photograph, video recording, CD
ROM or Computer Works. For the purposes of this Policy, Copyright Work shall also include
monographs and scholarly works including manuscripts, lecture notes and other materials
prepared for educational or scholarly purposes.
i. any Copyright Work whether in electronic, written or any other form of media created by
a Staff Member specifically for use in, or in connection with a course, subject or unit
offered or to be offered by the University or by an affiliated open learning or distance
education agency; and/or
ii. any materials commissioned by the University specifically for use in, or in connection
with a course, subject or unit offered or to be offered by the University or by an affiliated
open learning or distance education agency unless there is an agreement to the contrary.
f. Course of their Duties, for a Staff Member, primarily refers to the scope of duties as a Staff
Member as set out in the contract of employment, duty statement or any other agreement
between the Staff Member and the University in effect at the time at which University IP or
other Intellectual Property was generated. This includes activities and creative thoughts
occurring outside of normal working hours or away from University premises provided that
they have a direct relationship to the Staff Member’s official duties at the University.
h. Intellectual Property includes information, ideas, inventions, innovations, art work, designs,
literary text and any other matter or thing whatsoever as may be capable of legal protection or
the subject of legal rights in any of the ways set out in this clause and includes the following
rights recognized by Australian and/or foreign law:
i. Patents;
ii. Information which is of a kind and which has been communicated in such a way as to
give rise to a duty of confidentiality;
iii. Information which is subject to an employee’s duty of fidelity to the employer;
iv. Copyright Works;
v. Registered trademarks;
vi. Registered Business Names;
vii. Registered company names;
viii. Domain names;
ix. Unregistered trademarks used or intended for use in business;
x. Registered designs or designs capable of being registered;
k. Originator means any person who creates, whether or not in conjunction with another person,
any Intellectual Property.
m. Staff Members means any member of the full or part-time academic or general staff of
Murdoch University whether engaged in or holding a permanent post or not.
n. Students means a graduate student, an undergraduate student and/or any other person
designated or defined as a student in the Murdoch University Act 1973. Any reference to a
Student in this Policy shall also apply to a Visiting Academic, Scholar or other person in so far
as that person undertakes studies, scholarship or research with or at the University and in so
doing uses University resources, works as part of a University research team responsible for
developing the Intellectual Property, or develops Intellectual Property through the use of or
building on confidential information belonging to the University.
o. Supervisor means the supervisor of a postgraduate research student or person acting with the
authority of the University in such a capacity or the staff member (normally the Head of
School) supervising an undergraduate student or postgraduate coursework student in a course of
studies.
p. University IP means Intellectual Property which is owned by the University according to the
terms of this Policy or otherwise as a matter of law.
r. University Resources means and includes the University’s physical infrastructure, equipment,
technical support and administrative, financial, human and legal resources.
s. Unico means the University Company Pty Ltd ACN 009 171 386 a company wholly owned by
Murdoch University, which is responsible for the commercialisation of University IP.
i. Staff Members;
ii. Students; and
iii. Persons participating in a University Project whether as an external student, visitor, Adjunct
Appointee or contractor
Persons who do not fall under the above categories are not affected by this Policy
i. Subject to the provisions of this Policy and as a general rule, the University does not claim
ownership of Intellectual Property created by Students;
ii. The University will own any Intellectual Property arising from participation by the Student in a
University Project provided that where the program or research is termed a University Project
by virtue of the level of University Resources used, the University Resources used in that
instance was beyond that normally available to Students. It is a condition of the Student
participating in a University Project that the Student enter into a Deed of Assignment (Policy
Schedule B) with the University in respect of the Intellectual Property that is so generated.
University Project status may only be imposed on a student if the student is informed as such
prior to the approval of the student’s Program of Study;
iii. The University will own any Intellectual Property arising from the work of the Student
undertaken with a Specific Contribution beyond that normally available to research students by
the University;
iv. Where a Student participates in a University Project, the provisions of this Policy will bind that
student as if acting in the University Project as a Staff Member;
v. The University’s claim or ownership of Student generated Intellectual Property will not
interfere with the academic assessment of the Student.
Where a Staff Member or Student of the University participates in an activity that is funded by the
University and an agreement has been entered into between the Staff Member or Student and the
University, then the ownership of Intellectual Property produced in the course of that activity will be
determined by that agreement.
6. Ownership of Copyright
then the University shall own the copyright in the Copyright Work.
i. Students shall own the Copyright in their theses, unless the Student agrees otherwise in writing.
ii. The University may require that the content of theses be regarded as confidential in certain
circumstances and will determine the extent and the term to which confidentiality requirements
are to be attached to each individual thesis. In any case, the requirement of confidentiality shall
be for no longer than two years, unless otherwise agreed between the parties.
iii. The examination of the thesis shall not be affected, although the University will give
consideration to the need for examiners to sign confidentiality agreements in substantially the
same form as that at Policy Schedule C.
i. The University retains a non-exclusive, perpetual and royalty-free license to publish and use the
Copyright Work for its educational and research purposes or those of any joint venture partner
where the joint venture is specifically established for educational or research purposes or in
relation to any contract for collaborative teaching arrangements entered into by the University
with external partners;
ii. The University is entitled to access to that Copyright Work in order to enable the University to
freely exercise the license granted to it under clause 6.4(i) above;
iii. The University’s license under this clause is terminated at the time that the Staff Member
assigns ownership in the Copyright Work to a Commercial Enterprise; and
iv. The Staff Member is required to notify the University immediately in writing on the date of the
assignment of copyright ownership in the Copyright Work to a Commercial Enterprise.
In areas of doubt, the University will determine, after suitable consultation with relevant groups
within the University, what works are regarded as artistic works or Indigenous works for the purposes
of this clause.
The University will exercise its rights under clause 6.4 in a manner consistent with its recognition of
the emotional and spiritual sensitivity of such works
The University must consult with the Originator of an artistic work or Indigenous work before making
any use of the work under clause 6.4.
then the Staff Member owns the copyright in such Course Materials and the University will have a
licence to use the Copyright Work in those Course Materials upon the terms set forth in clause 6.4.
Course Materials may only be published on a web site with the prior written permission of the Head
of School.
Where a Staff Member leaves the employment of the University, the Staff Member may not use
Course Materials in which the University owns copyright without the prior written permission of the
Head of School.
Where a Staff Member leaves the employment of the University and owns the copyright in Course
Materials, the University will retain a licence to use the Copyright Work in those Course Materials
upon the terms set forth in clause 6.4.
Where a Staff Member creates Course Materials outside the normal Course of their Duties, ownership
of the copyright in such Course Materials shall vest in that Staff Member, and the University will
have a licence to use the Copyright Work in those Course Materials upon the terms set forth in clause
6.4.
i. Staff Members will be required to enter into an Intellectual Property Acknowledgement and
Undertaking with the University (see Policy Schedule A)
ii. Subject to clause 9.1, Students undertaking or participating in a University Project will be
required to enter into a Deed of Intellectual Property Assignment (see Policy Schedule B) prior
to undertaking or participating in a University Project. For postgraduate Students this will be
the time they are enrolled or when the Student’s Program of Study is submitted. Where
Students are unwilling to enter into a Deed of Intellectual Property Assignment with the
University, the University may offer the Student an alternative program of study which does
not involve participation in a University Project.
i. hold any discussions with any person external to the University concerning the University IP
before registering the University IP in accordance with clause 8.8 and receiving from such
external persons a signed confidentiality agreement (Policy Schedule C), unless otherwise
required by any funding or University Project agreement;
ii. present at conferences or publish any information about any University IP without the approval
of their Supervisor.
iii. Agree to sell or engage in any commercial use of University IP without the prior written
consent of the University.
iv. divulge any trade secrets without the prior written consent of the University.
These confidentiality requirements shall prevail for a period of two years from the date University IP
is registered in accordance with clause 8.8 unless otherwise agreed in writing by the relevant parties.
The Pro Vice Chancellor (Research) may exempt any Staff Member or Student from these
confidentiality requirements.
i. the Student shall consult their Supervisor regarding the ownership of the Intellectual Property
which the Student has created. The Intellectual Property may be owned by the Student or the
University in accordance with clause 5.2. The Supervisor will seek advice from the Division of
Research and Development on this matter where the issue of ownership is unclear;
ii. where the University is deemed to own Intellectual Property, the Student shall enter into an
agreement with the University as outlined in clause 8.1, subject to clause 9.1;
iii. where the Student is deemed to own Intellectual Property, the Student and the Supervisor will
be required to attest to an appropriate arrangement for the ownership of any rights related to
Intellectual Property developed by the Student and which is related to the work done by the
Student in the course of their studies. This is necessary in cases in which the University or the
Supervisor has contributed significantly to the generation of the Intellectual Property;
iv. the Student, in consultation with the Supervisor, shall also be required to register the
Intellectual Property with the University in accordance with clause 8.8.
v. the Student and the Supervisor will ensure that the Intellectual Property is adequately protected
and will act in accordance with clauses 6.3, 8.2, 8.3 and 8.4.
vi. where the Student is deemed to be the owner of the Intellectual Property, the University will
retain a non-exclusive, perpetual and royalty-free license to and utilise the Intellectual Property
for its educational and research purposes.
i. the agreement contains obligations concerning the ownership of Intellectual Property or the
authorised use of or access to confidential information; and
ii. Staff Members, Students or other persons are involved in the activities or have obligations on
behalf of the University under that agreement; and
iii. As a result of those activities or obligations Intellectual Property or confidential information is
or may be created or disclosed,
then each Staff Member, Student or other person must assign the Intellectual Property to the
University and/or external party and/or sign a licence and/or confidentiality agreement as the
University may determine.
Persons holding an adjunct appointment should consult with the Division of Research and
Development at the time of appointment regarding access to and use of University IP under this
Policy.
If Intellectual Property with the potential for commercial exploitation is developed during the course
of an adjunct appointment then the provisions of Clause 5.3 shall apply.
Upon termination of any visit, appointment or involvement with the University Project, a visitor or
person holding an adjunct appointment should consult with the University if they wish to use or have
access to any University IP.
It is the responsibility of the person appointing the adjunct appointee to inform the adjunct appointee
of their obligations under this Policy. Each new adjunct appointee will then be required to sign a
written form of acknowledgment indicating that they have read and agree to the terms of this Policy.
Where a Staff Member creates University IP and that University IP may be capable of commercial
exploitation the Staff Member must report its existence to the Pro Vice Chancellor (Research) as soon
as the Staff Member becomes aware that the University IP may be capable of commercial
exploitation. The contents of the report should be as stated in clause 8.9 below.
Where a Student creates University IP and that University IP may be capable of commercial
exploitation, the Student must report its existence to their Supervisor as soon as the Student becomes
aware that the University IP may be capable of commercial exploitation. The Supervisor will then
report its existence to the Pro Vice Chancellor (Research). The contents of the report will be as stated
in clause 8.9 below.
The University may ask the Originator to provide such additional information as is reasonably
required and the Originator must not withhold that information.
All the information provided in a report registering the creation of University IP will be treated as
confidential by the University
The University reserves the right to take appropriate action in the event that Staff or Students do not
comply with their obligations under this Policy.
9. University’s Obligations
i. Inform Staff Members and Students of their rights and responsibilities in relation to the
ownership, assignment and use of Intellectual Property under this Policy;
ii. Conduct educational seminars which will assist Staff and Students in furthering their
understanding of those rights and responsibilities;
iii. Require existing Staff Members to complete the Intellectual Property Acknowledgment and
Undertaking at Policy Schedule A acknowledging these rights and responsibilities.
At the time of a Student enrolment or when the Student’s Program of Study is submitted, the
University will:
i. inform Students of their rights and responsibilities in relation to the ownership, assignment and
use of Intellectual Property under this Policy;
ii. where appropriate, require the student to complete the Deed of Assignment at Policy Schedule
B acknowledging those rights and responsibilities;
At the time of commencement of employment or within reasonable period thereafter, a new Staff
Member will be:
i. informed of their rights and responsibilities in relation to Intellectual Property under this
Policy;
ii. required to complete the Intellectual Property Acknowledgment and Undertaking at Policy
Schedule A acknowledging those rights and responsibilities; and
iii. provided with training which will assist in the understanding of those rights and
responsibilities.
i. consult with the Staff Members and Students who will be affected by that agreement; and
ii. ensure that the agreement reflects, as far as is practicable, the terms of this Policy.
10. Commercialisation
i. Title;
ii. Non technical/ non confidential summary of the technology/commercialisation opportunity;
iii. Introduction to the commercialisation opportunity including nature of commercial application,
potential market size and known competitors;
iv. Nature of IP protection planned or already in place;
v. Nature of any existing encumbrances on the IP;
vi. Type of commercialisation model proposed (eg. spin off company, licence agreement, etc);
vii. Details of any discussions or negotiations to date with potential partners;
viii. Details of any funds sought from University/Unico and/or commercialisation partner;
ix. Action/Decision list for commercialisation; and
x. Risk assessment and mitigation plan.
Prior to making an application for registration protection in cases where the University IP has been
created in conjunction with an outside partner where no written agreement exists outlining the share
of ownership of Intellectual Property or responsibility for Intellectual Property protection and
commercialisation it is essential that written agreements be entered into between the University and
any external party that has contributed to the creation of the University IP. Such agreements will
include the following issues:
i. the percentage share of the ownership of Intellectual Property between the University and the
other party;
ii. assignment to one of the parties (usually the University) by the other party of the responsibility
for protecting and commercialising the Intellectual Property;
iii. confidentiality provisions;
iv. warranties as to the originality and/or ownership of the relevant Intellectual Property;
v. the allocation of the costs of applications for registration and prosecution; and
vi. the allocation of any proceeds or royalties arising out of the commercialisation of the
Intellectual Property.
The Division of Research and Development can provide advice on all issues related to Intellectual
Property registration and protection and if necessary will arrange for meetings with patent attorneys.
(the Originator(s) of University IP should be obligated to enter into some form of “Consultation
Agreement” with the University, at the University’s discretion, so as to ensure that any required
assistance will be available)
The Originator of University IP which is commercialised by the University will be entitled to receive
the greater of either the amount provided for under clause 7.4 of Murdoch University Statute Number
18, as amended from time to time, or 50 percent of the total accumulated revenue from
Commercialisation, after deducting all direct costs associated with commercialising the IP,
registration costs and the University’s 15% overheads (“Net Revenue”), unless an agreement entered
into between the Originator and the University states otherwise.
Where there is more than one Originator involved in the creation or development of the relevant
University IP, each member of the group of Originators is entitled to receive an equal share of any
payment made under this clause unless an agreement entered into between the group of Originators
and made available to the University states otherwise.
If the members of the group are unable to agree on the apportionment of Net Revenue, the University
will determine the matter. The University will give consideration to the respective contributions of all
contributors to the creation and development of the University IP.
Where the University wishes to commercialise University IP through Unico it may assign the
University IP to Unico. Where the University considers that the University should not be involved in
the commercial exploitation of some particular Intellectual Property or has determined that it has not
been successful in doing so, then the University may assign the rights of ownership in the Intellectual
Property to the Originator of the Intellectual Property under the provisions in this Policy. There is no
obligation for the University to assign Intellectual Property under any circumstance.
If the University assigns to a Staff Member the copyright in any Computer Works or Course
Materials, the University retains a non-exclusive, perpetual and royalty-free licence to produce,
publish or use for its purposes those Course Materials or Computer Works until such time as the Staff
Member has the work published commercially.
When such Copyright Works become available for sale to Students the licence granted to the
University under this clause will cease.
If the above work is recommended for use by Students at the University in connection with any course
of study the work shall be purchased and sold by the University bookshop in the same manner as all
other prescribed textbooks. However, the University does not guarantee that a textbook produced and
published by a Staff Member will be prescribed or continue to be prescribed as a text for Students at
the University.
i. that the Intellectual Property is original and solely the work of the Staff Member or Student
concerned, or if produced jointly the names of other persons involved; and
ii. of the purpose for and the conditions under which the Intellectual Property was created, if
appropriate; and
iii. of the basis upon which the Staff Member or Student concerned claims ownership; and
iv. that assignment of ownership of the Intellectual Property is requested.
i. In the first instance, an accredited representative(s) of the National Tertiary Education Union
(Murdoch Branch) and an appropriate representative(s) of the University shall discuss the
dispute and attempt to reach written agreement, subject to ratification by the parties.
ii. Where a dispute is not resolved under 13.1(i), at the request of either party, a Disputes
Committee shall be convened within one (1) working week unless otherwise agreed. The
Disputes Committee shall consist of:
a. Two (2) nominees of the University; and
b. Two (2) nominees of the National Tertiary Education Union (Murdoch Branch).
The Disputes Committee shall attempt to resolve the matter within one (1) working week of its
first meeting. Any resolution shall be in the form a written agreement subject, if necessary, to
ratification by the parties.
iii. Until the procedures described in clause 13.1(i)-(ii) have been exhausted:
a. Work shall continue in the normal manner and status quo shall remain; and
b. The subject matter of the dispute shall not be taken to the Australian Industrial Relations
Commission by the University or the National Tertiary Education Union (Murdoch
Branch).
iv. When the procedures described in clause 13.1(i)-(ii) have been exhausted, the matter may be
referred by either party to the Australian Industrial Relations Commission for conciliation or
arbitration. Where the Australian Industrial Relations Commission determines that it does not
have the jurisdiction to arbitrate, each party is entitled to seek a recommendation during
conciliation to resolve the dispute.
15. Review
The Pro Vice Chancellor (Research) is the responsible officer for the amendment and updating of the
Administrative Procedures of the University’s Intellectual Property Policy and Guidelines.
The Pro Vice Chancellor (Research) shall review the Policy every three (3) years, with the first review
being in 2004.
All staff members of Murdoch University are bound by the relevant provisions of the Murdoch
University Act 1975-1983 and associated By Laws and Regulations including the Code of Ethics and
Code of Conduct which together with other University Policies and Procedures form part of the
Contract of Employment for Murdoch University staff. Staff Members are also subject to common
law, including legal obligations relating to the law of confidentiality. The purpose of this document is
to bring some of these requirements to the specific attention of the undersigned officer, to clarify
certain obligations and to seek a formal acknowledgement of the existence of these requirements and
an undertaking to abide by them.
I hereby:
Acknowledge that all Intellectual Property generated by me in the Course of my Employment with
Murdoch University is the property of Murdoch University;
Undertake that:
(a) I will communicate to the Pro Vice Chancellor (Research), all Intellectual Property created by
me in the Course of my Employment with Murdoch University and I will do this as early as
practicable after its creation;
(b) I will, whenever so requested by Murdoch University, execute all documents necessary or
desirable to secure or enhance Murdoch University’s entitlement to rights in any Intellectual
Property generated by me in the Course of my Employment with Murdoch University;
(c) I will maintain the confidentiality of all Intellectual Property and other confidential information
to my knowledge or in my possession in the Course of my Employment with Murdoch
University; and specifically, I will not communicate such Intellectual Property or other
confidential information within Murdoch University or outside Murdoch University unless I
have explicit authority so to do;
(d) upon termination or cessation of my employment with Murdoch University I will hand over to
Murdoch University all physical materials then in my possession which embody or disclose:
(i) any Intellectual Property which Murdoch University owns or to which Murdoch
University is entitled, or
(ii) any confidential information which has come into my possession in the Course of my
Employment with Murdoch University or relates in any way whatsoever to Murdoch
University.
EXECUTED AS A DEED.
(Signature)
(Signature of Witness)
(Address of Witness)
[Insert brief description of project and literary or other copyright material to be produced
in the course thereof and which is to be assigned]
1. The Student has undertaken/will undertake (delete where inapplicable) the above research on
the basis set out in the Australian Postgraduate Research Award Conditions dated 17 March
1992 and the University Statute No. 18, as amended from time to time.
2. The parties agree that the research project has potential to generate commercially useful
Intellectual Property and confidential information.
4. So that the University can honour its obligations to a third party under the funding agreement
referred to in paragraph 3, The Student assigns to the University all of his/her present and
future rights, titles and interests in Intellectual Property arising from his/her research project
including, but not necessarily limited to, any and all copyright or rights in or over confidential
information that may vest in or over the original material produced by The Student in the
course of or for the purpose of carrying out the aforesaid research project.
5. The Student is willing to assign his/her rights, titles and interests as mentioned in paragraph 4
on the following condition:
That the University agrees to allow the Student to participate in the distribution of commercial
benefits obtained directly or indirectly by The University from the exploitation of all
Intellectual Property originated in whole or in part by the Student in accordance with the
provisions of Murdoch University Statute 18, as amended from time to time. The University
has agreed to this condition.
7. By this Deed, The Student does hereby assign to and unto The University all of his/her rights,
titles and interests as per paragraph 4 and The University does hereby agree to the condition
stipulated in clause 5.
8. Ownership of the Intellectual Property and other rights assigned pursuant to clause 7 shall vest
in The University.
9. In the foregoing, ‘Intellectual Property’ shall have the same meaning as in the Murdoch
University Intellectual Property Policy and Guidelines.
IN WITNESS WHEREOF the Parties have executed this document as a Deed on the days and dates
herein below written:
Vice Chancellor
University Secretary
PARTIES:
MURDOCH UNIVERSITY a body corporate established pursuant to the provisions of the Murdoch
University Act 1973 (WA) of South Street, Murdoch, Western Australia 6150 (“Murdoch”)
and
RECITALS:
A. Murdoch and the Participant wish to discuss the Project for the Purpose.
C. The Participant agrees to keep confidential all information disclosed to it in the course of the
Parties’ discussions relating to the research, Development, testing, design, know-how or
personnel with respect to the Project.
AGREEMENT:
1.1 Definitions
(a) all information disclosed by one party to the other party (whether before or after this
Agreement is executed) in connection with the matters described in Recitals A, B, and C;
(b) the fact that the parties will have or are having the discussions referred to in Recitals A, B, and
C;
(c) that part of all notes and other records prepared by either party based on or incorporating the
information referred to in either of clauses 1.1(a), or 1.1(b); and
(d) all copies of the information and those parties of the notes and other records referred to in any
of clauses 1.1(a),1.1(b) and 1.1(c);
"Development" means any work undertaken or performed by the Participant to evaluate, develop,
modify, test, advise or manufacture (as the case may be) in relation to the Project.
“Intellectual Property” means any and all intellectual and industrial property rights throughout the
world, including (but not limited to) rights in respect of or in connection with:
(a) any related Confidential Information, know-how or any right to have information kept
confidential;
whether or not existing at the date of this Agreement and whether or not registered or registrable and
includes any right to apply for the registration of such rights and includes all renewals and extensions;
“Murdoch” means Murdoch University, and any of its subsidiaries or affiliates and includes its and
its subsidiaries’ or affiliate’s directors, officers, employees, agents, sub-contractors, servants, advisers
(legal and financial), consultants, assigns, nominees and any other persons engaged by it or any of its
subsidiaries or affiliates during or in connection with the Development, modification or manufacture
(as the case may be) of the Project;
"Party" means the Participant or Murdoch as the context requires and “Parties” means both of them;
"Personnel" means, in relation to a Party, the officers, employees, agents and representatives of that
Party;
“Project” means the project set out in Schedule 2 and includes any products produced from carrying
out the Project;
"Related Corporation” has the meaning given to the term “related body corporate” in the
Corporations Act 2001 (Cth).
1.2 Interpretation
(a) a reference to any document is a reference to that document as varied, novated or replaced from
time to time;
(d) the use of the word “include” or its other grammatical forms shall not imply any limitation;
(f) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(g) a reference to a person or entity includes a natural person, partnership, corporation, trust,
association, unincorporated body, authority or other entity;
(h) a reference to a person includes that person’s legal representatives, successors and permitted
assigns;
(i) a term which purports to bind or benefit two or more persons binds or benefits them jointly or
severally;
(k) headings are inserted for convenience only and shall not affect the interpretation of this
Agreement.
1.3 Acknowledgment
(a) the Participant may be given access to information for the Purpose but Murdoch is not obliged
to disclose any information;
(d) nothing in this Agreement gives the Participant any right, title or interest in the Confidential
Information; and
(e) this Agreement applies to Confidential Information disclosed to the Participant for the Purpose
prior to the date of this Agreement.
(a) not in any way disclose or allow to be disclosed to any person any Confidential Information;
and
(b) put in place procedures to ensure that Confidential Information is not disclosed inadvertently.
(a) not in any way use or reproduce any Confidential Information other than for the Purpose; and
(b) put in place procedures to ensure that Confidential Information is not inadvertently used or
reproduced for purposes other than the Purpose.
(a) The Participant must comply with any reasonable written directions given by Murdoch relating
to security measures for the protection of Confidential Information.
(b) Compliance with clause 1.6(a) shall not abrogate or mitigate any obligation or duty of the
Participant under this Agreement or otherwise.
Murdoch University 100 2003 Research and Research Training Management Report
1.7 Personnel and Related Corporations
(a) Notwithstanding clause 1.4, the Participant may disclose Confidential Information to its
Personnel, its Related Corporations and their Personnel, but only to the extent necessary for the
Specified Purpose.
(b) If the Participant discloses any Confidential Information to its Personnel, its Related
Corporations or their Personnel or any of them otherwise receive Confidential Information,
then the Participant must ensure that such Personnel and Related Corporations are aware that
the information disclosed is confidential and must not be disclosed, used or reproduced other
than for the Specified Purpose in accordance with the terms of this Agreement as if such
Personnel or Related Corporations were a party to this Agreement in place of the Participant.
(c) At the written request of Murdoch, the Participant shall ensure that all of its Personnel, its
Related Corporations and their Personnel to whom Confidential Information has been or will be
disclosed execute and present to Murdoch a deed or written undertaking to abide by the
provisions of this Agreement in a form satisfactory to Murdoch.
(d) The Participant shall remain liable for the actions of its Personnel, its Related Corporations and
their Personnel in relation to Confidential Information, irrespective of whether such actions are
authorised or whether the Personnel or Related Corporations have executed any deed or written
undertaking pursuant to clause 1.7(c).
(a) The Participant may disclose Confidential Information to third parties provided that the
Participant:
(i) obtains the prior written consent of Murdoch;
(ii) complies with any conditions imposed on such disclosure by Murdoch;
(iii) ensures that the third parties comply with any conditions imposed on such disclosure by
Murdoch; and
(iv) procures (if so instructed by Murdoch) the execution by the third parties of a deed or
written undertaking in similar form to this Agreement prior to disclosure of the
Confidential Information.
(b) The Participant shall remain liable for the actions of persons to whom it discloses Confidential
Information, irrespective of whether such actions are authorised or whether the persons have
executed any deed or written undertaking pursuant to clause 1.8(a).
1.9 Records
At the written request of Murdoch, the Participant must present to Murdoch records showing:
(a) the names of persons to whom Confidential Information has been disclosed; and
1.10 Uncertainty
If it is uncertain whether information is Confidential Information, then the Participant must treat such
information as Confidential Information unless instructed otherwise in writing by Murdoch.
1.11 Publicity
The Participant must not issue any public statement or make any representation in respect of or about
the affairs of Murdoch without the prior written consent of Murdoch.
Murdoch University 101 2003 Research and Research Training Management Report
1.12 Exceptions to Obligations
The obligations of the Participant in relation to Confidential Information set out in this Agreement
shall not apply to information that:
(a) is in or becomes a part of the public domain other than through a breach of contract or
obligation of confidence;
(b) the Participant can prove by contemporaneous documentation was already known to it at the
time of disclosure by Murdoch;
(c) the Participant receives from a third party entitled to disclose it;
(e) Murdoch has authorised the Participant in writing to disclose, use or reproduce, but only to the
extent of such authorisation.
The obligations of the Participant pursuant to this Agreement shall survive the finalisation or
discontinuance by the Participant of its involvement with Murdoch for the Purpose and the actual
Development and manufacture of any products produced from the Project.
NOTICE OF DISCLOSURE
The Participant must immediately notify Murdoch in writing upon becoming aware of:
and the Participant shall comply with all reasonable and lawful directions of Murdoch in regard to
such matter.
(a) deliver to Murdoch all records and materials in any form (including copies of records and
materials) containing or embodying Confidential Information that are in the possession or
control of the Participant, its Personnel, its Related Corporations or their Personnel;
(b) destroy all Confidential Information and any other records and materials in any form (including
copies of records and materials) containing or embodying Confidential Information that can not
be delivered to Murdoch under clause (a); and
Murdoch University 102 2003 Research and Research Training Management Report
(c) provide to Murdoch such evidence as Murdoch may reasonably require of compliance with this
clause (including statutory declarations).
INTELLECTUAL PROPERTY
The Participant acknowledges, warrants and undertakes to Murdoch that ownership and title in any
Intellectual Property produced by the Project and any Development work undertaken by the
Participant in respect of the Project shall remain permanently with Murdoch whether the Project or
such Development work is in its original form or in a form modified by the Participant.
For the purpose of giving effect to clause 5.1 of this Agreement, the Participant assigns all its right
title and interest in any Intellectual Property relating to any modification of or Development of the
Project including without limitation any copyright, design or patent (as the case may be) and any other
Intellectual Property right relating to the Project to Murdoch or its nominee. The parties will execute
any additional documents necessary to bring effect to this clause 5.2.
1.16 Remedies
(a) Murdoch may suffer financial and other loss and damage if the Confidential Information was
disclosed, used or reproduced in breach of the terms of this Agreement;
(b) monetary damages would be an insufficient remedy for a breach of the terms of this
Agreement; and
(c) in addition to any other remedy which may be available at law or in equity, Murdoch is entitled
to:
(i) injunctive relief to prevent or remedy a breach or threatened breach of the terms of this
Agreement; and
(ii) specific performance of the terms of this Agreement.
1.17 Indemnity
The Participant agrees to defend, hold harmless, indemnify and keep indemnified Murdoch against all
losses, costs, damages, expenses, claims, demands, actions, proceedings or liabilities and related costs
and expenses incurred or suffered by Murdoch to the extent caused, directly or indirectly, by a breach
of the provisions of this Agreement by the Participant or any other person the actions of whom the
Participant is liable for pursuant to this Agreement.
MISCELLANEOUS
The rights of each Party under this Agreement are in addition to any other rights held by each Party at
law or in equity.
1.19 Notices
Murdoch University 103 2003 Research and Research Training Management Report
(b) In addition to any other method of services provided by law, a notice may be sent or delivered:
(i) by prepaid post, courier or hand delivery to the address of the addressee set out in
Schedule 1 or as subsequently notified;
(ii) by facsimile to the facsimile number of the addressee set out in Schedule 1 or as
subsequently notified; or
(iii)by electronic mail to the electronic mail address of the addressee set out in Schedule 1 or as
subsequently notified.
1.20 Severability
If any provision of this Agreement is invalid, illegal or unenforceable then that provision shall be
severed from this Agreement to the extent of such invalidity, illegality or unenforceability and the
remaining provisions shall not be affected by that severance.
1.21 Waiver
Any waiver, failure to enforce or relaxation by a Party of any provision of or right under this
Agreement:
(a) is valid and binding only if given by notice in writing from the Participant or Murdoch (in
respect of Murdoch);
(c) is restricted to its written terms and is not continuing nor of application generally unless
expressed to be so; and
(d) does not constitute a waiver or relaxation of any other term or condition.
1.22 Amendment
No amendments to this Agreement shall be effective unless made by instrument in writing executed
by the Participant and Murdoch.
The laws of Western Australia govern this Agreement. Each Party submits to the non-exclusive
jurisdiction of the courts of Western Australia in connection with matters concerning this Agreement.
Murdoch University 104 2003 Research and Research Training Management Report
1.24 Costs
Each Party must pay its own costs of preparation and negotiation of this Agreement and any
document required by this Agreement. The Participant agrees to pay (within the time permitted by
statute) any stamp duty and other government charges in respect of this Agreement and any document
required by this Agreement.
Where the Participant is a corporation, the signatory to this Agreement warrants and represents to
Murdoch that they are duly authorised to bind the Participant to this Agreement and that in the
absence of any such authority they shall be primarily responsible to Murdoch in the same manner as
the Participant.
EXECUTED as an Agreement.
Murdoch:
Signature
Print Name
Capacity
Murdoch University 105 2003 Research and Research Training Management Report
Signed by the Participant in the presence of: )
)
Witness
ACN
Signature
Print Name
Print Position
OR
EXECUTED by THE PARTICIPANT in accordance with s127 (1) of the Corporations Act by:
Signature
Print Name
Print Position
Murdoch University 106 2003 Research and Research Training Management Report
SCHEDULE 1
PARTICIPANT:
Name:
ACN:
Address:
Telephone:
Facsimile:
Email:
MURDOCH UNIVERSITY
Address:
Telephone:
Facsimile:
Email:
Murdoch University 107 2003 Research and Research Training Management Report
SCHEDULE 2
PROJECT:
(“Project”)
PURPOSE:
(“Purpose”)
Murdoch University 108 2003 Research and Research Training Management Report
ATTACHMENT 10
June, 2002
1. INTRODUCTION
The Opportunity Audit is intended to help facilitate some early thinking on research projects at
Murdoch University, as well as setting an early agenda for commercialisation within the University.
The report aims to identify and align projects and researchers with commercial reality. Some may
require further commercial shaping prior to intensive working for commercialisation.
The Opportunity Audit process involves a systematic selection and analysis of projects that caters for
a multi-disciplinary and collaborative approach (see process below). A strong underpinning of this
commercial project development not only looks at return, but also deals with risk (identification and
management).
One of the key outcomes that the Audit seeks to achieve in going through this process is to educate
University staff to enable them to conduct the activity in future with the assistance of TCG where
necessary.
For this reason it is important that a person within the University who is responsible for the
commercialisation activity is involved in the process.
• Provide a strategy for commercially shaping opportunities not yet ready for intensive
commercialisation focus.
3. METHODOLOGY
The audit methodology comprises a combination of information sharing and face-to-face interviews,
supported by a specific set of audit questions. Where necessary to reach all relevant people or provide
follow up, email or telephone communication will also be used.
The strategy is to engage with the senior management at Murdoch University to ensure management
support and an efficient allocation of time and resources. Specific information will be provided to
support staff in this activity.
Murdoch University 109 2003 Research and Research Training Management Report
At this meeting we discuss the content of the audit plan and the questions to be asked at the interviews
with researchers.
We typically focus on up to 20 projects in each Opportunity Audit and find that management often
have a strong feel for the research programs with the best opportunity for commercialisation focus.
At the completion of this meeting we like to have a feel for the timing of the Audit process and a view
for possible milestones to manage the process.
3. 3. Distribution of questionnaires
Prior to the interviews with researchers a short questionnaire will be emailed to them, ideally this will
occur 2-weeks prior to the interviews (a sample of this questionnaire is provided as an attachment).
The purpose of this stage of the process is to both provide researchers with a flavour for the topics that
will be covered during the interviews allowing them to adequately prepare, as well as provide
interviewers with a basic insight into projects prior to the interview.
We generally ask that researchers return these completed questionnaires to us prior to their interview,
however it does not inhibit the audit process if for any reason we do not receive some.
3. 4. Conduct interviews
TCG and Donna Dabala will meet with the appropriate researchers involved in the audit. Responses to
the pre sent questionnaire as well as some additional questions (which will follow similar themes to
the questionnaire) will form the basis of the meetings.
A key part of the approach here is to “build” the commercial potential of the projects, and then try to
“knock” them down with respect to an analysis of risk and exposure of the project from the
stakeholder’s perspective.
Once we receive Paul and Donna’s feedback about the document it will then be ready for finalisation.
3. 8. Final report
The final bound version of the Opportunity Audit will be provided to University management.
Additional unbound copies of the Opportunity Audit will also be provided to relevant parties as
needed.
3. 9. Next steps
A meeting will then be scheduled to discuss the action items recommended throughout the
Opportunity Audit and a plan to forward some of the projects will be formalised.
Murdoch University 110 2003 Research and Research Training Management Report
4. AUDIT REPORT
As identified throughout the methodology, the outcomes of the audit sessions will be assembled into a
report.
The audit report will provide information identifying each project, nominating a contact person, a
description of each technology, its uniqueness, potential outcomes, outside contributions, agreements
over ownership, disclosure of the technology, paths to market and market size, will identify any
threats for present gaps in its overall protection and the project’s stage of development.
Projects will then be classified according to their relative maturity focus for commercialisation. In
addition to this classification the report will also contain recommendations about the future
management and shaping of projects either to commercialise or to evolve for future commercialisation
focus.
Murdoch University 111 2003 Research and Research Training Management Report
ATTACHMENT 11
I, JOHN VINCENT YOVICH being the Chief Executive Officer of MURDOCH UNIVERSITY
hereby certify that the information in these documents has been compiled in accordance with the
guidelines for the 2002 Research and Research Training Management Reports issued by the
Department of Education, Science and Training, and that the information contained therein is correct.
Signed:
Date:
Murdoch University 112 2003 Research and Research Training Management Report