Who Owns IP, University or Researcher?

The question whether a university or its employees own the intellectual property in inventions is not a new one. It has been around for a long time, has been the subject of many disputes and judicial decisions, and with the increasing commerc ialisation of universities, the involvement of several institutions in one project and the hunger for research funds and venture capital, it is not going to become any easier.
To some extent, a recent decision by the Federal Court of Australia in the University of Western Australia v Gray provides some guidance on the issues involved; if it does not provide an automatic answer to all cases where the question arises, it at least gives a clear guide to individuals and institutions as to what they should not do and what they should try to do to protect their positions.
In short: do not rely on implied terms being read into a contract of employment and do make sure that as far as possible, a written contract of employment sets out precisely the rights and duties of institutions and employees and who will be entitled to intellectual property in inventions and other products of the work of the researcher.
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Source: University World News, Issue No: 0096 11 October 2009