Intellectual property includes the rights to all created work.
Outputs are the products that are created by an individual or group of individuals. This may include, for example, artworks.
Outcomes are the consequences or results arising from the development of, or use of, intellectual property other than products that are created from intellectual property Examples may include a publication such as a book or, an exhibition.
1. Ownership of Intellectual Property and outputs arising from intellectual activity:
In general, all intellectual property and the outputs and outcomes arising from that intellectual property are owned by the creator. While Otago Polytechnic will derive benefits from the outcomes; there are exceptions to this, as follows:
1.1. “Co-ownership” refers to those materials that are jointly owned by Otago Polytechnic and kaimahi where such activities are identified within the employment agreement, in this policy, or subject to specific agreement for co-ownership.
1.1.1. Teaching materials or equivalent created by kaimahi in any format during their employment are co-owned through the contractual obligations in the employment agreement and cannot be deleted or removed by kaimahi without Formal Leader approval.
1.2. “Exclusive ownership” refers to intellectual property which is created when Otago Polytechnic has specifically commissioned work or is part of kaimahi employment contract to undertake specific work that will result in the development of intellectual property as part of the employer’s business. Examples would include creating marketing or advertising materials, computer software developed specifically for the employer's business and course or programme of study development.
1.3. Ownership by a third party” refers to intellectual property created through work that is undertaken for or by an external party, The intellectual property creation shall be subject to ownership as provided under this policy, refer to Clause 2.2. All such work will be managed by contractual arrangements which will include an agreement to undertake work, defining the basis of that work, and including how intellectual property will be managed and owned in advance of the work being undertaken.
Note: Unless specifically contracted to do so, nothing in this policy is to be interpreted as Otago Polytechnic claiming any form of ownership over research outputs.
2. Ākonga Intellectual Property:
2.1. Otago Polytechnic does not wish to make any claim over the ownership of outputs or outcomes of ākonga work. These belong to the creator.
2.2. Otago Polytechnic will act in the role of a guardian of ākonga activity to protect ākonga rights to intellectual property.
2.3. For kaimahi or any other party to claim any interest in ākonga work this must be agreed and specified prior to the engagement in the activity.
3. Māori Intellectual Property:
3.1. Māori knowledge that is brought to Otago Polytechnic remains the property of Māori. 3.2. Intellectual property created from Māori knowledge is owned by both Māori and the creator but is held by the Polytechnic as “guardian” of that knowledge and Otago Polytechnic is committed to its Te Tiriti o Waitangi obligations. Refer to the Intellectual Property - Mātauranga Māori .
4. Attribution of Ownership of Intellectual Property:
4.1. Otago Polytechnic supports free and open access to intellectual property and will make freely available through Creative Commons Attribution intellectual property it owns or co-owns with the following exceptions:
4.1.1 Otago Polytechnic may make exceptions to the sharing of intellectual property it owns on a case-by-case basis with detailed reasons for limiting the free access to material; any such restrictions should be time- dependant. Intellectual property Otago Polytechnic owns that it considers is commercially sensitive may also be restricted.
4.1.2 Otago Polytechnic encourages kaimahi and ākonga to support free and open access to intellectual property and also to apply the Creative Commons Attribution framework to the work created. Where kaimahi co-own intellectual property by virtue of their employment relationship with Otago Polytechnic, kaimahi may request an exception be made to the use of the Creative Commons Attribution Licence. Any such exception must be approved by the Tumuaki Rakahau / Director: Research and Postgraduate Studies and will require a valid case to be made for the variation to be approved. Please refer to Otago Polytechnic Academic Integrity policy.
Where there is a dispute over ownership, including co-ownership of intellectual property, and / or the commercialisation of any co-owned intellectual property, the following disputes process will apply:
5.1 The matter will initially be referred to the Executive Director who will rule on the dispute. The Executive Director may convene an expert panel to assist with reaching a decision. The outcome of the dispute process will be provided within seven (7) working days of the Executive Director reaching a decision.
5.2 If the applicant wishes to appeal the decision, this must be done within seven (7) working days of receiving the decision of the Executive Director. The appeal must be lodged with the Deputy Executive Director: People, Culture and Safety or equivalent for kaimahi or Te Kaihāpai for ākonga who will ensure that the dispute is mediated or arbitrated according to the principles of natural justice with an independent party.
In the case of an allegation that kaimahi has used another kaimahi or ākonga intellectual property without attribution, the following process will apply:
6.1 The Head of College will consider the matter to ascertain the seriousness of the claim and will consult with the Deputy Executive Director People, Culture and Safety.
6.2 If the allegation is serious then the matter will be referred to the Executive Director to be considered under section 5 of this policy.
