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STUDENT CONFIRMATORY DEED OF ASSIGNMENT

THIS DEED OF ASSIGNMENT is made on the (insert day) day of (insert month) 20 (insert year) .

BETWEEN:(insert full name of student)

Of(insert address)

(the “Student Assignor”)

AND:THE UNIVERSITY OF MELBOURNE, of Grattan Street, Parkville, Victoria, 3010, Australia (“the University”)

BACKGROUND

  1. The University has made arrangements for the Student Assignor to attend a placement at the Host Organisation to gainpractical training, experience and skills within a workplace relating to their area of study as described in the attached Letter Agreement.
  2. During the period of the placement the Student Assignormay create or contributeto the development of Intellectual Property.
  3. To the extent that the University does not own the Intellectual Property the Student Assignorhereby assigns such right, title and interest in the Intellectual Property to the University.

OPERATIVE PART

In consideration of, among other things, the mutual promises contained in this deed, the parties agree:

1DEFINITIONS

In this Deed:

Assignment means assignment of the Intellectual Property pursuant to this Deed.

Deed means this Deed of Assignment.

Effective Datemeans the date affixed at the top of the first page of this Deed.

Host Organisationmeans the organisation where the Student Assignor attends for the purposes of a placement as provided for in an agreement between the Host Organisation and the University for this purpose.

Intellectual Propertymeans themeans all rights in the field of intellectual property and industrial property including:

(a)copyright, rights in respect of inventions (including patents) registered and unregistered trademarks (including service marks), rights in designs plant varieties, circuit layouts and Know How and any right to have information kept confidential;

(b)any application or right to apply for registration of the rights referred to in paragraph (a); and

(c)all rights or forms of protection of a similar nature or having equivalent or similar effect to any of the rights in paragraph (a) or (b) which may subsist anywhere in the world.

Know How means all information not in the public domain including inventions, drawings, design, circuit diagrams computer programs, data , formulae, specifications, methodologies and techniques, design procedures and procedures for experiments and test, results of experiments and tests, and information relating to the design, assembly, manufacture, supply or use of any products.

Letter Agreementmeans the Vocational Placement Letter Agreement attached as Annexure 1.

Partymeans a party to this Deed.

Scholarly Workhas the same meaning as in the University Statute 14.1 for Intellectual Property.

University Statutemeans a statute of the University.

2ASSIGNMENT

2.1Subject to the Student Assignor retaining copyright in all written material which forms part of their written assessment, a Scholarly Work or reporting obligations to the University vesting in the Student Assignor,the Student Assignor acknowledges and agrees that on and from the date on which the Intellectual Property was created, the right, title and interest in the Intellectual Property vests in the University pursuant to the University Statue 14.1 in force at the relevant time.

2.2To the extent that aStudent Assignorhas retained or continues to hold any right, title or interest in the Intellectual Property, the Student Assignorassigns on and from the Effective Date [his/her] whole right, title and interest in the Intellectual Property to the University, and the University accepts such assignment, free from all encumbrances, including:

(a)the absolute right to apply for registration as the sole proprietor of the Intellectual Property anywhere in the world; and

(b)the absolute right to do anything in relation to ownership, protection and use of the Intellectual Property anywhere in the world.

2.3The Student Assignor warrants to the University that, to the best of [his/her] knowledge or belief [he/she]:

(a)is the legal and beneficial owner of the Intellectual Property being assigned under clause 2.2; and

(b)has not knowingly granted any licences or otherwise encumbered [his/her] right, title and interest in and to the Intellectual Property.

3FURTHER ACTION

3.1EachStudent Assignor must, at the University’s cost, do all things and execute all documents necessary to give effect to this Deed and render all assistance reasonably required by the University for the purpose of confirming, recording or perfecting the assignment under clause 2.

4GENERAL

4.1Any provision of this Deed which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this Deed enforceable, unless this would materially change the intended effect of this Deed.

4.2A provision of or a right created under this Deed may not be:

(a)waived except in writing signed by the Party granting the waiver; or

(b)varied except in writing signed by the Parties.

4.3The rights provided in this Deed are cumulative with and not exclusive of the rights provided by law independently of this Agreement.

4.4This Deed takes effect under, is governed by, and shall be construed in accordance with the laws of the State of Victoria, Australia.

EXECUTED AS A DEED

SIGNED, SEALED AND DELIVERED)

by[insert name of Student Assignor])

inthe presence of:)……………………………………………

(Insert full name of Student Assignor)

……………………………………………

Witness signature

Name (printed):

Executed as a Deed byand on behalf of THE UNIVERSITY OF MELBOURNE by itsauthorised officerspursuant to Statute 1.5.6 of the Melbourne University Statutes:
…………………………………………
Signature of
Authorised Officer / )
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Signature of
Authorised Officer

ANNEXURE 1

[INSERT VOCATIONAL PLACEMENT LETTER AGREEMENT]