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Queensland Institute of Medical Research Act 2025
sec.42Commercialised incentive payments for intellectual property
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### sec.42 Commercialised incentive payments for intellectual property
This section applies in relation to an item of intellectual property that—
is produced by a person as part of the person’s employment, contractual or other arrangement with the council; and
is owned by the council.
If the council has a net commercialisation revenue amount for an item of intellectual property, the council may pay each person who produced the intellectual property a payment (a commercialised incentive payment ) in accordance with the following limits—
a maximum total amount of $10m may be paid in relation to the item of intellectual property in a financial year;
a maximum amount of $5m may be paid to a person in relation to the item of intellectual property in a financial year.
The council may pay a commercialised incentive payment in excess of a maximum amount stated in subsection (2) if, before the payment is made, the Governor in Council approves the payment.
A commercialised incentive payment must be paid from the net commercialisation revenue amount for the item of intellectual property.
The council may pay a person a commercialised incentive payment in addition to any other payment the council must pay the person.
In this section—
net commercialisation revenue amount , for an item of intellectual property, means the council’s net earnings derived from the commercialisation of the intellectual property.
(sec.42-ssec.1) This section applies in relation to an item of intellectual property that— is produced by a person as part of the person’s employment, contractual or other arrangement with the council; and is owned by the council.
(sec.42-ssec.2) If the council has a net commercialisation revenue amount for an item of intellectual property, the council may pay each person who produced the intellectual property a payment (a commercialised incentive payment ) in accordance with the following limits— a maximum total amount of $10m may be paid in relation to the item of intellectual property in a financial year; a maximum amount of $5m may be paid to a person in relation to the item of intellectual property in a financial year.
(sec.42-ssec.3) The council may pay a commercialised incentive payment in excess of a maximum amount stated in subsection (2) if, before the payment is made, the Governor in Council approves the payment.
(sec.42-ssec.4) A commercialised incentive payment must be paid from the net commercialisation revenue amount for the item of intellectual property.
(sec.42-ssec.5) The council may pay a person a commercialised incentive payment in addition to any other payment the council must pay the person.
(sec.42-ssec.6) In this section— net commercialisation revenue amount , for an item of intellectual property, means the council’s net earnings derived from the commercialisation of the intellectual property.
- (a) is produced by a person as part of the person’s employment, contractual or other arrangement with the council; and
- (b) is owned by the council.
- (a) a maximum total amount of $10m may be paid in relation to the item of intellectual property in a financial year;
- (b) a maximum amount of $5m may be paid to a person in relation to the item of intellectual property in a financial year.