Guidelines for the publication of research outcomes from CRC for Construction InnovationScholars

The dissemination of Construction Innovation research outcomes is an important component of the activities of Construction Innovation. It is one of the performance indicators by which the success of Construction Innovationis measured. This dissemination may take place in a variety of publications.

For the purposes of these guidelines, publications include referred articles in scholarly journals, research related books, book chapters and conference papers using the same definition that is used by DETYA Higher Education Research Data Collection, 2002. For further information see It also includes reports for industry and other end users including substantial reports, papers, annual reports, newsletters, booklets, computer programs, videos, CD-ROMs, Information Sheets and brochures etc aimed at transferring know-how or practical information to industry and other end users. It also includes any public announcement in relation to Construction Innovation.

In placing publications into the public domain care must be taken to protect the intellectual property generated byConstruction Innovation research that has commercial potential and to give proper acknowledgment of the CRC Program through the use of the CRC Program Logo and Construction Innovationfunding. These issues are addressed in the Construction InnovationCentre Agreement in clause 26 and clause 30. A copy of these clauses is included as Attachment 1.

If a publication is generated as an outcome from Construction Innovation research or is based on the outcomes of Construction Innovation research or refers to the outcomes/results of Construction Innovationresearch, the following procedure should be followed for any publication that will be circulated wider than the Participants1 or other personnel who may be nominated by the CEO. These procedures have been developed in accordance with the requirements of the Construction InnovationCentre Agreement.

Step 1

The Scholar should inform the Construction Innovation Development Manager of the intention to publish.

Step 2

The Scholar will forward a request in writing to the Construction Innovation Development Manager seeking permission to publish. The request will be accompanied by the approval of the Academic Supervisor, a copy of the publication and details of the forums in which the publication will occur. Please note: The request to the Construction Innovation Development Manager must be submitted prior to the submission of the paper to a conference, journal or other relevant group external to Construction Innovation.

Note Research work must follow the processes outlined in the Construction Innovation Quality Assurance Guideline before it is submitted to the Construction Innovation Development Manager for consideration to publish. Acknowledgement must be given to Construction Innovationimmediately after the title of the paper as follows:

“The Research described in the abstract/paper/journal article was carried out by the Cooperative Research Centre for Construction Innovation.”

Step 3

The Construction Innovation Development Manager will provide notification to the Scholar whether permission to publish has been granted, refused or delayed, within 30 days of receipt of the request. The Construction Innovation Development Manager may decide that the benefits of publication do not outweigh the potential loss of commercially valuable Intellectual Property rights in which case the Construction Innovation Development Manager may suggest alterations to the publication or request a delay in publication.

1 Participants refers to the 19 partners who are members ofConstruction Innovation.

ATTACHMENT 1

Centre Agreement References

26CENTRE INTELLECTUAL PROPERTY

26.1Subject to the provisions of any Project Agreement and unless the Core Participants have unanimously agreed otherwise, all Centre Intellectual Property shall be held by the Company on trust for the Core Participants beneficially as tenants in common in proportion to their Participating Shares, and in accordance with the provisions of the Trust Deed.

26.2Each Participant shall co-operate with each other Participant and promptly do all acts and things and execute all documents which may be necessary for the purpose of vesting ownership of the Centre Intellectual Property in the Company as contemplated by clause 26.1.

26.3Each Participant shall promptly respond to a request from the CEO or any other Participant to provide information in its possession regarding Centre Intellectual Property which has been developed or is in prospect.

26.4The Participants must use their best efforts to ensure that their respective employees (including Seconded Personnel), agents, sub-contractors, postgraduate students under their supervision or other persons participating in the Activities must:

(a)identify Centre Intellectual Property generated or developed by them;
(b)promptly communicate details of it to the relevant Project Leader; and
(c)promptly do all acts and things and execute all documents necessary for the purpose of vesting ownership of the Centre Intellectual Property in the Company as contemplated by clause 26.1, and provide the moral rights consents referred to in clause 25.2(b).

26.5No Core Participant shall deal with, Commercialise, dispose of or encumber any interest which it might hold in Centre Intellectual Property, except as authorised by this Agreement, a Project Agreement, or with the written consent of all other Core Participants.

26.6Subject to this Agreement, each Participant shall have a non-exclusive royalty-free right to use Centre Intellectual Property for the purposes of the Activities other than Commercialisation, as approved by the Governing Board.

26.7Subject to the provisions of any Project Agreement, a Participant wishing to use Centre Intellectual Property in connection with research, training or Commercialisation outside the Activities shall first obtain a licence, covering such use, upon terms agreed by the Governing Board. Those terms will reflect the contribution of the relevant Participant and of the other Participants to the creation of that Centre Intellectual Property and the fact that Centre Intellectual Property is owned beneficially by the Participants as tenants in common in proportion to their respective Participating Shares.

26.8Subject to clause 25 and clause 26.6, where a Participant operating outside the Activities develops further Intellectual Property based on or incorporating Centre Intellectual Property or Background Intellectual Property, that further Intellectual Property shall remain the property of the developing Participant. However, the developing Participant shall not Commercialise its further Intellectual Property without first obtaining a licence, covering such Commercialisation, on terms agreed between the owners of that Background Intellectual Property and/or Centre Intellectual Property.

26.9If a Project Leader considers that a particular development arising from that Project may be patentable or the subject of other forms of Intellectual Property protection, the Project Leader shall promptly communicate details of that development to the Governing Board.

26.10The CEO shall decide in consultation with the Participants whether the development warrants pursuing patent protection, or other forms of Intellectual Property protection, and if it does, in which countries protection should be sought.

26.11Unless otherwise agreed by the Governing Board, the CEO is to apply for, maintain and prosecute in the name of the Company any form of Intellectual Property protection decided on under clause 26.10.

26.12If patenting or other registrable forms of Intellectual Property protection of Centre Intellectual Property is pursued, it is to be in the name of the Company as trustee for all Core Participants as tenants-in-common in proportion to their Participating Shares.

26.13The Participants shall give each other prompt notice of any infringement of Centre Intellectual Property which comes to their attention and each Participant agrees to give a Core Participant all assistance which it may reasonably require in order to protect that Core Participant’s interest in Centre Intellectual Property. The Core Participant requiring the assistance indemnifies the Participant providing the assistance for all reasonable costs and expenses of providing the assistance.

26.14Subject to the prior approval of the Governing Board, the Account may be drawn upon to meet all costs associated with applying for, maintaining and prosecuting patent or any other form of Intellectual Property protection associated with Centre Intellectual Property and the application, maintenance and prosecution of any actions which may be associated with any such Intellectual Property and such drawings shall be taken to be expenses incurred in the performance of the Activities.

30PUBLICATIONS & PUBLIC ANNOUNCEMENTS

30.1Subject to this clause, a Participant:

(a)has the right to publish the results of work conducted outside the Activities; and
(b)may publish the results of work conducted within the Centre (publications to include institutional affiliations of authors as well as their affiliation with the Centre) provided that proper acknowledgment of the CRC Program funding is made.

30.2The Participants shall use their best endeavours to ensure nothing is done which might prejudice the subsistence or Commercialisation of Background Intellectual Property or Centre Intellectual Property. In particular, the Participants shall not publish or disclose any such Intellectual Property to any third person so as to preclude the grant of a patent or cause the loss of Intellectual Property in any Confidential Information.

30.3Notwithstanding clause 30.2, the Participants acknowledge that the dissemination of knowledge is an important function of the Centre and that publication of books, papers, theses and other forms of dissemination of information is encouraged.

30.4Prior to any publication the Participant wishing to publish material (the “Requesting Participant”) must forward a request in writing to the CEO seeking permission to publish the material.

30.5The CEO must notify the Requesting Participant whether permission to publish the material has been granted, refused or delayed, within 30 days of receipt of a request.

30.6If the CEO decides, after consulting all Participants who may be prejudiced by his decision, that the benefits of publication outweigh the potential loss of commercially valuable Intellectual Property rights, the CEO will notify the Requesting Participant that permission to publish has been granted.

30.7Subject to clause 30.8, if the CEO decides that the benefits of publication do not outweigh the potential loss of commercially valuable Intellectual Property rights, the CEO will either:

(a)suggest alterations to the publication so that it does not disclose information affecting the commercially valuable Intellectual Property rights; or
(b)if altering the publication is impractical, delay publication for a stipulated period not exceeding 2 years from the date of the request or until such time as provisional filing has taken place (or other appropriate protection has been obtained for the Intellectual Property), whichever is the earlier.

30.8Each Teaching Participant must ensure that any enrolled or supervised student of the Teaching Participant who participates in the Activities or a Project or acquires access to Background Confidential Information or Centre Confidential Information first agrees in writing to comply, as though a party to this Agreement, with:

(a)the obligations of confidentiality and this clause 30; and
(b)the provisions relating to Background Intellectual Property and Centre Intellectual Property,

provided that such written agreement with a student will:

(c)restrict publication of a student’s thesis only to the extent reasonably necessary to protect Background Intellectual Property, Centre Intellectual Property and Confidential Information, and in a manner consistent with any rules or guidelines concerning theses otherwise imposed on the student by the Teaching Participant; and

(d)not prevent a student from having his or her thesis examined provided the examiner may be required to sign a confidentiality agreement in order to protect Confidential Information.

30.9A Participant must not make any public announcement in relation to the Centre or this Agreement without obtaining the approval of the Governing Board.

Guidelines for Scholars’ publications – 2005Page 1 of 4