September 18, 2009 by Jonathan Frydman (IPilogue Editor)
A recent appeal initiated by the University of Western Australia (UWA) was dismissed by the full Federal Court of Australia, which upheld the decision to place intellectual property rights into the hands of academics, and not the institutions that employ them.
The case of University of Western Australia v. Gray involved a particular invention developed by a prominent professor of surgery (Dr. Gray) at UWA. UWA argued, that by virtue of Dr. Gray’s employment contract with the school, all of his inventions and associated patents belonged to it. This claim was promptly dismissed by the primary judge of the federal court.