2021-06-08 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA      8 JUNE 2021




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                   8 JUNE 2021

            the Council decides to lodge a certification mark application in relation to the Trade Mark, the
            NBRF will provide all reasonably requested documentary and other support necessary to support
            that application including the provision by the NBRF of financial support of that application to the
            extent that the parties may mutually agree. In the event that registered certification mark status
            is granted for the expression Noosa
5	1	1	1	6	7	1110	550	197	37	87	Biosphere, the expression Trade
5	1	1	1	6	11	1722	550	97	29	93	Mark as it appears in
            this Agreement shall also include a reference to that certification mark and the Agreement shall
            be interpreted accordingly.
       d)   Unless otherwise expressly exempted in writing by the Council, the NBRF will not grant a third
            party sub-licence with a fixed term of greater than 3 years but may grant an option or options to
            extend that term subject to the provisions of clause 8.2 f) iii.
       e)   The NBRF hereby acknowledges that the Council Material is the Intellectual Property of the
            Council and shall act only in good faith when dealing with the Council Material in order to best
            preserve the Council's Intellectual Property.
     f)     The NBRF agrees that it will procure every sub-licence of the Council Material that it grants
            pursuant to the Agreement, unless it has received an express written exemption from the Council
            to do otherwise, to include in those sub-licences the following:
            i)    An acknowledgement that the Intellectual Property in the Council Material is owned by
                  the Council and that the sub-licensing of the Council Material is provided with the consent
                  of the Council according to this Agreement;
             ii)  The Trade Mark, wherever used by a third party sub-licensee must appear with the
                  expression® unless expressly advised otherwise in writing by the Council;
             iii) | Any licence granted by NBRF which grants the third party sub-licensee an option or options
                  to extend the term of the sub-licence must be stated to be unenforceable and invalid if the
                  Council's licence of its Intellectual Property in the Council Material to NBRF has been
                  terminated for any reason prior to the proper exercise of that option by the third party sub-
                  licensee; and
             iv)  Any other condition, limitation or restriction on the third party sub-licence that the Council
                  deems reasonably necessary to include in such a sub-licence to perfect, restore or
                  preserve its Intellectual Property in the Council Material.
       g)    _Inorder to ensure the application of the above provisions NBRF will provide to the Council copies
             of any proposed sub-licenses to third parties granted pursuant to this Agreement in advance of
             execution for the Council's approval, unless the Council expressly advises in writing otherwise.
      8.3   Intellectual property in NBRF facilitated projects
      Ownership of intellectual property from NBRF facilitated projects will be negotiated on a project by
      project basis recognising that as public good research its principal value is only realised when
      applied to the enhancement of the biosphere and may be, merely by way of example, as follows:
      a)    Prior IP brought to a project by a project partner will remain the property of that partner.
      b)    Ownership of commercialisable IP (i.e., patents etc) will be shared between partners according
            to the financial contribution (cash and in-kind) to the project by each partner.
      c)    Ownership of non-commercialisable IP will be shared as per part (b) but with each partner
            having the right to reproduce, communicate, adapt, extend, and utilize that IP.
      d)    Copyright over any published work vests with the author of that work and can be utilised under
            fair dealing provisions.
      e)    Use of images, artwork and multiple reproduction of part or all of any published work is subject
            to the permission of the copyright holder.
      8.4   Dealing with intellectual property
      NBRF warrants that it is entitled, or will be entitled at the relevant lime, to deal with the
      Intellectual Property in both the Council Material and the NBRF Program Material in accordance
      with this clause 8.

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