Context and consultation on the Framework

IP-related barriers to effective commercialisation were a key issue raised by university, industry, and other stakeholders in response to a 2021 University Research Commercialisation public consultation paper. In particular, a lack of money, time, expertise, and understanding of the needs and objectives of potential commercial partners were identified as key barriers to IP negotiation and broader commercialisation activity between universities and industry.

In an effort to help bridge these issues, the development of a framework of standardised IP agreements was commissioned to simplify IP negotiations and stimulate collaboration and commercialisation between industry and universities.

Date opened
Date closed

How we consulted

Development of the Framework was informed by feedback from two comprehensive public consultation processes. The first consultation (21 September 2021 to 18 October 2021), focused on the policy and implementation, while the second round (7 February 2022 to 25 February 2022),focused on the materials comprising the Framework. In addition, there was targeted feedback on the individual agreements from experts across business, the university sector and government.

Who engaged?

The Department received 136 written submissions across both consultation rounds.

The written consultation process also sat alongside guidance from a working group, including people with knowledge and expertise in research commercialisation from the perspectives of IP law, IP managers, university researchers, university technology transfer offices, large and small business, startups, investors, and government.

What you told us

In response to the public consultation process, feedback from significant stakeholders indicated a strong desire for the Framework to be released as a voluntary set of agreements and guidance materials to be used as a starting point for negotiations.

Next steps

On 31 August 2022, the Australian Government released the Higher Education Research Commercialisation Intellectual Property Framework as a voluntary set of standardised agreement templates to assist in the negotiation process for all research commercialisation contracts and collaborations.

To assist in the overseeing of the initial implementation of the Framework and to provide further governance oversight, the Department has established a HERC IP Framework Advisory Committee (FAC) comprised of experts from across the higher education, industry, and government sectors. The FAC will also advise the Department on future application and any changes and updates required to ensure the Framework remains fit for purpose.

A further consultation process is also planned for 2023 to thoroughly test and review and identify best practice use of the Framework.

Submissions

You can now read submissions made to HERC IP Framework first consultation.

Please note, only those who elected to have their submission made public have been provided.

Please contact the Department at hercip@dese.gov.au if you would like to receive the submissions in a more accessible format or if you have further questions.