UWA v Gray anatomises universities and IP

The Court decided that the University statute on IP was inadequate where commercial considerations came into play.

Effects on the 'Group of Eight'

It is now over three years since the decision in UWA v Gray was handed down. What effect has it had on the expressed IP policies of the 'Group of Eight'?

The simple answer is 'Not much, if any', probably because these universities are not sure how to react or because there are significant obstacles to reacting.

UWA itself describes its IP Regulations as being 'under review', and this over three years after the decision in Gray.

All eight universities still maintain they have full and unfettered rights to the IP creations by their staff. They clearly do not.

Or perhaps they think it unlikely another Dr Gray will be prepared to stand up for his rights.

Implications for University Staff

Perhaps universities see individual contracts (of employment or of apportionment of returns from staff-created IP) between staff members and themselves as the way forward after Dr Gray's case. If this is so, there would be a gross disparity in bargaining power between the parties.

The universities are caught in a dilemma. On the one hand, governments expect them to be less 'ivory tower', more entrepreneurial, and to generate more of their own funding. On the other hand, they may not have the power to do so - and then there is the law found in Dr Gray's case.

The thought may occur that Dr Gray's case is limited to patents and inventions. A staff member may think his or her work would be exempt as it falls under 'scholarly works' or some similar exception.

But think again. Dr Gray's case should be read more widely to include any form of staff-created IP.