14.1
14.2
14.3
14.4
14.5
14.6
14.7
14.8
14.9
14.10

14.1

Any Intellectual Property rights and title to, or in relation to, the Project Material will vest, upon creation, in the Participant.

14.2

The Participant grants to the Commonwealth a perpetual, irrevocable, royalty-free and licence fee-free, world-wide, non-exclusive licence (including a right of sub-licence) to use, reproduce, modify, adapt, publish, perform, broadcast, communicate, commercialise and exploit the Intellectual Property in the Project Material.

14.3

This clause does not affect the ownership of any Intellectual Property in any Existing Material. However, the Participant grants, or undertakes to arrange for a third party to grant to the Commonwealth, a perpetual, irrevocable, royalty-free and licence fee-free, world-wide, non-exclusive licence (including a right of sub-licence) to use, reproduce, modify, adapt, publish, perform, broadcast, communicate, commercialise and exploit the Intellectual Property in the Existing Material but only in conjunction with the other Project Material.Top of page

14.4

The Participant warrants that anything done by the Participant in the course of the Project, including in developing the Reports, will not infringe the Intellectual Property rights of any person.

14.5

For this clause, the 'Specified Acts' relating to Moral Rights means any of the following classes or types of acts or omissions by or on behalf of the Commonwealth:
  1. using, reproducing, modifying, adapting, publishing, performing, broadcasting, communicating, commercialising or exploiting all or any part of the Project Material, with or without attribution of authorship
  2. supplementing the Project Material with any other Material and
  3. using the Project Material in a different context to that originally envisaged
but does not include false attribution of authorship.

14.6

The Participant must use its best endeavours to ensure that:
  1. where there is no consent already in place, a written consent will be given by the author of any Project Material to the Specified Acts (whether occurring before or after the consent is given) which extends directly or indirectly to the performance of the Specified Acts by the Commonwealth or any person claiming under or through the Commonwealth and

  2. where there is no consent already in place, a written consent will be given by the author of any Existing Material to the Specified Acts (whether occurring before or after the consent is given) which extends directly or indirectly for the Commonwealth's benefit in relation to the Commonwealth's licensed use of the Existing Material.

14.7

Intellectual Property rights and title to, or in relation to, Commonwealth Material remains vested at all times in the Commonwealth.Top of page

14.8

The Commonwealth grants to the Participant a royalty-free and licence fee-free, world-wide, non-exclusive licence (including a limited right of sub-licence to sub-license to a subcontractor specified in Item A or approved by the Commonwealth under clause 7 to use, reproduce, modify, adapt, publish, perform, broadcast and communicate the Intellectual Property in the Commonwealth Material for the purposes of the Project. The Participant agrees to ensure that all Intellectual Property in Commonwealth Material is used strictly in accordance with any conditions or restrictions specified by the Commonwealth.

14.9

As part of the Final Report if specified in Item D, or on the early termination of this Agreement, the Participant must deliver a complete copy of the Project Material and all of the Commonwealth Material to the Commonwealth, or deal with it as otherwise directed by the Commonwealth.

14.10

This clause survives expiration or early termination of this Agreement.