Legal Essentials for Research Officers Student and Visitor Agreements

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Legal Essentials for Research OfficersStudent
and Visitor Agreements

• Tristy
• Legal Counsel
• 19 September 2007

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What is a student / visitor agreement?

• An agreement between a student (and perhaps a
  university) to govern the terms on which
• the student may work on one of your institutions
  projects
• receive funding or supervision from your
  institution and / or
• the student may access your institutions
  facilities.
• A visitor agreement is an agreement between your
  institution and a visitor (and perhaps their
  employing organisation) to govern the visitors
  visit to your institution.

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Difficulties with student / visitor agreements

• Universities and students becoming more savvy
  regarding their IP rights
• University IP policies
• The increasing number of commercial
  collaborations, with associated pre-existing IP
  arrangements
• Collaborators increasingly requiring evidence of
• freedom to use technology and
• security arrangements for confidential
  information and intellectual property

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Why use student agreements?

• Make clear who owns the IP
• Set out the terms of access
• Liability arrangements
• Detail the terms of your institutions funding,
  supervision or other support
• Confidentiality and thesis publication

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What should be included in a student agreement?

• Intellectual property
• Student confidentiality and thesis publication
• Terms of access
• Liability

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Intellectual property issues

• Who owns IP developed by the student?
• Who may commercialise the IP and on what terms?
• What rights does your institution have in
  relation to the IP?
• Do the IP provisions enable your institution to
  comply with its funding agreements for the
  project?
• Moral rights

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Confidentiality / publication issues

• Confidentiality clause
• Thesis examination / publication
• How can the tension between confidentiality and
  thesis examination / publication be resolved?
• Prevent student from working on technology which
  is commercially / strategically important
• Examiner confidentiality agreements
• Delay

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Terms of access

• Student to observe all lawful and reasonable
  directions of your institution while on site
• Comply with your institutions policies
• Grounds on which your institution may revoke
  student access

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Questions

• ?

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Thank you
Tristy Falkenberg Legal Counsel Phone [phone]
5726 Email Tristy.Falkenberg_at_csiro.au