Commercialisation is the process by which an intellectual property owner (or a person authorised by the intellectual property owner) takes the intellectual property to market. Technology transfer is the process of transferring skills, knowledge, technologies, methods of manufacturing, samples of manufacturing and facilities among governments or universities and other institutions to ensure that scientific and technological developments are accessible to a wider range of users who can then further develop and exploit the technology into new products, processes, applications, materials or services.

There are a variety of ways that commercialisation and technology transfer can be achieved including licensing, assignment, start-up companies, spin-off companies and joint ventures.  Each of these paths or modes of technology transfer and commercialisation takes place against a backdrop of legal rules and the contractual provisions dealing with how ownership of the commercialising entity is determined and divided (including when the entity is wound up) and the rights of the participants in the commercialising entity.

In addition, most modes of technology transfer and commercialisation are ultimately dependent on the transfer of intellectual property to another entity or the granting to another entity the right to use the underlying intellectual property – that is, granting a licence or assigning a right. The licensing or assignment of intellectual property requires a thorough knowledge of contract law and intellectual property law and excellent drafting skills.

Having a broad understanding of the technology transfer and commercialisation is critical for a range of professionals in the modern economy. These include:
(a) lawyers who advise policy makers, business owners, entrepreneurs, authors, researchers, performers, software developers, website and content managers and other creators and users of intellectual property;
(b) lawyers who advise clients who trade in or take security interests over business assets (for example, financial institutions and the buyers and sellers of businesses);
(c) government and business executives who purchase, sell or licence goods or services which have intellectual property embedded in them (for example, procurement managers and research managers);
(d) government or business executives who are responsible for the production or use of information, artistic works or other content in which intellectual property rights may reside (for example, communications professionals, website managers, application developers and media managers);
(e) scientists, engineers and researchers who are interested in learning how scientific breakthroughs and research outcomes are disseminated to a range of users including the research community, business and consumers; and
(f) government or business managers who are increasingly assuming responsibility for identifying, managing and commercialising intellectual property developed in their organisations (see for example the Australian Government Intellectual Property Manual issued in 2012):
http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Documents/IntellectualPropertyManual.pdf)

The course will have a strong emphasis on providing students with a practical framework for analysing technology transfer and commercialisation issues in various transactional settings. Students will also learn how to draft and review key commercialisation documents.

The course will examine technology transfer and commercialisation from the perspectives of the different participants in the commercialisation process. These include:
• inventors / creators;
• financiers;
• licensees and assignees;
• licensors and assignors; and
• investors and shareholders.
 The course will have a strong focus on problem solving and the practical and  pragmatic application of legal knowledge to particular fact scenarios through a  number of advice drafting exercises.

While the course will primarily focus on technology transfer and commercialisation in the Australian context, transnational issues will also be considered.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. demonstrate mastery of the principles of employment law, contract law, corporations law, trust law, competition and consumer law and intellectual property law in so far as they relate to technology transfer and commercialisation;
2. demonstrate specialised knowledge of technology transfer and commercialisation techniques;
3. demonstrate mastery of theoretical knowledge of technology transfer and commercialisation law and practice to generate complex solutions and reflect critically on the theory and practice of intellectual property transfer and commercialisation;
4. investigate, critically reflect on and effectively communicate in plain English to inform diverse audiences of complex theoretical and practical ideas, concepts, strategies and courses of action concerning technology transfer and commercialisation;
5. demonstrate relative cognitive and creative skills to analyse and synthesise complex information and problems at a theoretical level to then develop, justify and apply solutions at a practical level, particularly to advise on transactions or interactions involving technology transfer and commercialisation; and
6. autonomously design, theorise, plan, execute and evaluate a substantial research-based project on a technology transfer and commercialisation topic. Modules, teaching, learning activities and assessment are designed to develop the student’s / participant’s cognitive, technical and practical skills and knowledge to be able to draft and review documents and advise on transactions and interactions. Students / participants will engage in simulated client scenarios for the purpose of advising on spe

Required Resources

The prescribed text for the Course is Commercialisation of Intellectual Property by Stoianoff, N; Chilton, F; Monotti.

This text will be used for background reading and reference purposes. It is available in hard copy and e-book and is available online from the publisher at the sale price of $139 via this link. A copy will be put aside in the ANU Law Library Reserve Collection for the duration of the Course.

The Wattle Course Site contains a number of extracts of relevant materials and links to other resources including practical guides, podcasts, videos and websites.

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-4 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the convenor. If you feel that your feedback and grade does not reflect your performance, please contact the convenor in writing and outline your concerns. Your submission will be re-marked by a new examiner.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password. At various points throughout the course you will be directed to other useful external resources.

 

Referencing Requirements

Where required, students must use footnotes for referencing and the Australian Guide to Legal Citation (http://www.law.unimelb.edu.au/mulr/aglc) for the citation style. 

 

Word Limits

The method of calculation of word length for assessment pieces in this course is a global word count. This means that when calculating the number of words of a piece of assessment students must include all headings, text, and footnotes (excluding bibliography). Students should calculate this using Microsoft Word’s word count function or equivalent. The default penalty is as follows: the mark which is awarded initially will be reduced by half the proportion by which the word limit has been exceeded. As an example, if the word limit is 2,000 words, and the essay submitted is 3,000 words long, then the initial mark for the essay would be reduced by 25% of that mark.

Papers which fall short of words will not be penalised on that basis alone. However, short papers risk failing to address the question adequately.

 

ANU Library

All enrolled ANU students can access the ANU databases (including the full-text databases such as Westlaw) through the ANU Library webpage http://anulib.anu.edu.au/lib_home.html. Opening hours for the Law Library can be accessed at http://anulib.anu.edu.au/using-the-library/opening-hours/. To access restricted ANU web pages from home as though coming from a computer on campus you need the Reverse Proxy Server known as ‘Virtual’. You can access virtual through http://virtual.anu.edu.au/login.

Students living near another law school may need to access print resources from their local school. ANU students can use these collections through the University Library Australia national borrowing scheme. The scheme allows people who are enrolled at a university in one city to access university libraries in another city at a reduced rate. For further information see http://www.caul.edu.au/caul-programs/university-library-australia. Students who wish to participate in this scheme need to join at the library they wish to access material from. The cost of the scheme is $50 per academic year.

The ANU document delivery service is available for remotely located students in non-capital cities. For further information see https://anulib.anu.edu.au/using-the-library/document-supply-services/.

The ANU Library Off-Campus Service is available to students who live more than 60 kilometres from the ANU campus at Acton, ACT. Before using the service for the first time, you will need to complete the online User Agreement Form. You will then be able to request a book, table of contents, chapter or article using the request forms on the Off-Campus Service web pages. For further information see http://anulib.anu.edu.au/offcampus/.

 

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean can be contacted via email on subdean.slp@anu.edu.au

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Topic 1: Introduction to Technology Transfer and Commercialisation
2	Topic 1: Introduction to Technology Transfer and Commercialisation cont'd...	Assessment 1 released: Friday, 13 September 2019
3	Topic 2: Modes of Technology Transfer and Commercialisation
4	Topic 2: ?Modes of Technology Transfer and Commercialisation cont'd...
5	Topic 3: The Rights and Obligations of Inventors and Co-Owners	Assessment 1 due: Monday, 30 September 2019 Assessment 2 released: Friday, 04 October 2019
6	Topic 3: The Rights and Obligations of Inventors and Co-Owners cont'd...
7	Topic 4: Selected Issues in IP Management, Technology Transfer and Commercialisation
8	Topic 4: Selected Issues in IP Management, Technology Transfer and Commercialisation cont'd...	Assessment 2 due: Monday, 21 October 2019
9	Topic 5: The Assignment and Licensing of Intellectual Property	Assessment 3 released: Friday, 01 November 2019
10	Topic 5: The Assignment and Licensing of Intellectual Property cont'd...
11	Assignment Preparation	Assessment 3 due: Friday, 15 November 2019

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Advice to Client (30%)	30 %	30/09/2019	14/10/2019	1,2,3,4,5
Advice to Client (30%)	30 %	21/10/2019	01/11/2019	1,2,3,4,5
Advice to Client (40%)	40 %	15/11/2019	13/12/2019	1,2,3,4,5,6

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

You must check Wattle course announcements and forum discussions as well as your ANU email at least every 24-48 hours.

All email correspondence from the ANU will be sent to your ANU email address. You may arrange for your ANU Email to be forwarded to an email address you check daily.

Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

The course will be conducted in the following time zones (Canberra time). 

Australian Eastern Standard Time (AEST): from 7 April 2019 to 6 October 2019. 

Australian Eastern Daylight Time (AEDT): from 7 October 2019 to 5 April 2020.

Please make appropriate adjustments if you are located in a different time zone.

Assessment Task 1

Advice to Client (30%)

Format: Students will be required to analyse a hypothetical fact scenario and provide practical advice to the client drawing on the learnings from Topics 1 and 2. In doing so students will be required to provide relevant case references to support their advice.

Release Date: Friday, 13 September 2019

Submission Date: Monday, 30 September 2019

Length: 2,400 words. 

Estimated Date of Results: Monday, 14 October 2019

Assessment Criteria: 

Content 

• answering the question(s) asked; 
• identification of the legal issues raised by the question; 
• legal principles stated and explained with accuracy; 
• legal principles stated and explained in appropriate detail; 
• relevant facts recognised and linked to the legal principles; 
• recognition and evaluation of judicial and statutory ambiguities and ‘grey areas’; 
• originality/innovation in approach to issues; 
• research covering primary and secondary materials; 
• integration of material from research resources into the answer; 
• provision of practical, useful, commercially realistic and risk-based advice; and 
• clear conclusions and recommendations. 

Structure/Organisation 

• emphasis on the significant issues; and 
• answer is coherent and structure logical. 

Expression 

• good use of structure, section headings and paragraphs; 
• clarity and conciseness of expression, interesting and engaging of reader; 
• use of appropriate terminology and correct grammar, syntax and spelling; 
• full and accurate footnotes; 
• style according to Australian Guide to Legal Citation where appropriate; and 
• adherence to the word limit. 

Assessment Task 2

Advice to Client (30%)

Format: Students will be required to analyse a hypothetical fact scenario and provide practical advice to the client drawing on the learnings from Topics 1 - 3. In doing so students will be required to provide relevant case references to support their advice.

Release Date: Friday, 04 October 2019

Submission Date: Monday, 21 October 2019

Length:  2,400 words. 

Estimated Date of Results: Friday 01 November 2019

Assessment Criteria: 

Content 

• answering the question(s) asked; 
• identification of the legal issues raised by the question; 
• legal principles stated and explained with accuracy; 
• legal principles stated and explained in appropriate detail; 
• relevant facts recognised and linked to the legal principles; 
• recognition and evaluation of judicial and statutory ambiguities and ‘grey areas’; 
• originality/innovation in approach to issues; 
• research covering primary and secondary materials; 
• integration of material from research resources into the answer; 
• provision of practical, useful, commercially realistic and risk-based advice; and 
• clear conclusions and recommendations. 

Structure/Organization 

• emphasis on the significant issues; and 
• answer is coherent and structure logical. 

Expression 

• good use of structure, section headings and paragraphs; 
• clarity and conciseness of expression, interesting and engaging of reader; 
• use of appropriate terminology and correct grammar, syntax and spelling; 
• full and accurate footnotes; 
• style according to Australian Guide to Legal Citation where appropriate; and 
• adherence to the word limit. 

Assessment Task 3

Advice to Client (40%)

Format: Students will be required to analyse a hypothetical fact scenario and provide practical advice to the client drawing on the learnings from Topics 1 – 5. In doing so students will be required to provide relevant case references to support their advice and analyse relevant contractual provisions.

Release Date: Friday, 01 November 2019

Submission Date: Friday, 15 November 2019

Length: 3,200 words. 

Estimated Date of Results: Friday, 13 December 2019

Assessment Criteria: 

Content 

• answering the question(s) asked; 
• identification of the legal issues raised by the question; 
• legal principles stated and explained with accuracy; 
• legal principles stated and explained in appropriate detail; 
• relevant facts recognised and linked to the legal principles; 
• recognition and evaluation of judicial and statutory ambiguities and ‘grey areas’; 
• originality/innovation in approach to issues; 
• research covering primary and secondary materials; 
• integration of material from research resources into the answer; 
• provision of practical, useful, commercially realistic and risk-based advice; and 
• clear conclusions and recommendations. 

Structure/Organisation 

• emphasis on the significant issues; and 
• answer is coherent and structure logical. 

Expression 

• good use of structure, section headings and paragraphs; 
• clarity and conciseness of expression, interesting and engaging of reader; 
• use of appropriate terminology and correct grammar, syntax and spelling; 
• full and accurate footnotes together with a bibliography where appropriate; 
• style according to Australian Guide to Legal Citation where appropriate; and 
• adherence to the word limit. 

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You may be required to submit an assessment either through:

1. Wattle dropbox and Turnitin, or
2. Wattle dropbox only, or
3. Turnitin only.

Please read the instruction for each assessment carefully.

Where assessments are to be submitted using Turnitin in the course Wattle site, you will be required to electronically sign a declaration as part of the submission of your assessment.

Where assessments are to be submitted using Wattle dropbox in the course Wattle site, you will be required to electronically sign a declaration, by tick boxes, as part of the submission of your assessment. If you fail to do this, your assessment will be recorded as a draft only. This may affect its acceptance as a submitted assessment.

Please keep a copy of all your assessments for your records.

Assessments must be submitted in the format identified in the assessment instructions, for example, in accordance with relevant court or tribunal requirements; usual contract or will formats or advice format.

Research essays, reflective comments or similar documents must be submitted in 12-point font, double-spaced, formatted for A4-size paper, and with pages numbered.

Hardcopy Submission

No hard copy submission will be accepted in this class.

Late Submission

Policy regarding late submission is detailed below:

• Late submission not permitted - If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Extensions late submission and penalties - https://law.anu.edu.au/extensions-late-submission-and-penalties

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-4 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students