Australian Business Number (ABN)
54 361 485 361
Bank Account
Edith Cowan University has an account with the ANZ bank, details of which can be obtained from the Accounts Manager.
Competitive Neutrality
In order to ensure compliance with competitive neutrality policies all responses to requests for quotations (tenders) must be fully costed. The University Services Charge must be included. Where required by the funding body, ORI will provide the certification confirming that the submission has been fully costed.
D&B D-U-N-S Number
757750468
Edith Cowan University Act of 1984
Edith Cowan University is established under the ‘Edith Cowan University Act of 1984’ (Western Australia) http://www.austlii.edu.au/au/legis/wa/consol_act/ecua1984265/
Governance
Insurance
http://www.fbsc.ecu.edu.au/sp/html/insurance_publications.cfm
Notices
Director, Research and Innovation Edith Cowan University 100 Joondalup Drive Joondalup WA 6027 Telephone: (08) 6304 5401 Fax: (08) 6304 5044.
Principle Place of Business & Address
Edith Cowan University
100 Joondalup Drive
Joondalup, WA 6027
State Government Tenders and Moral Rights
Many of the State Government requests for quotations include the requirement that the respondent confirm that it will comply with the General Conditions of Contract for the Supply of Goods and/or Services (April 2007) V2. On submitting the quotation, the University (including all of the personnel involved in the project) is agreeing to accept and abide by all of the conditions contained in the request, including the General Conditions, should the tender be awarded. As tender submissions are legally binding, the University cannot alter any of the conditions once the quotation has been submitted.
Under the General Conditions, the default position is that the intellectual property on all future intellectual property in goods and services produced under the agreement with the State is assigned automatically to the State upon its creation (clause 11.1). The definition of Intellectual Property Rights in the General Conditions include moral rights.
Moral rights are rights belonging to a creator of a copyright work. They are rights of attribution, and are not the same as the economic rights that the owner of the copyright has. Moral rights are those of the creators of copyright work and include the right to be attributed for their work, to not have their work falsely attributed and for the integrity of authorship to be respected.
Moral rights cannot be assigned as they are personal rights. However, the owner of moral rights can agree to forgo or waive their rights to claim damages or take legal action for an infringement of their moral rights. This agreement is called a consent or waiver of moral rights.
Therefore as moral rights cannot be assigned, clause 11.1 does not appear to have the effect of waiving the right to bring actions for infringement of moral rights in respect to copyright material created under the agreement. The clause clearly contemplates that intellectual property is created by a person and then assigned to the State.
To enable the University to comply with the obvious requirement of the State that it either hold all the intellectual property rights or else be immune from prosecution, all of the researchers involved in the project who may have moral rights in any of the project outputs must provide written confirmation to the Office of Research and Innovation confirming their consent for the State and ECU to use the outputs in a manner that may infringe their moral rights.
In addition, the General Conditions require that, if a third party owns any moral rights on the pre-existing material, ECU must obtain a consent or waiver from that third party in favour of the State.
General Condition 11.3 also requires ECU to warrant that if any third party owns intellectual property in any goods or services supplied under the agreement with the State, ECU has also obtained a waiver of moral rights from that third party.
An example of a waiver is attached for your information that can be used for obtaining a waiver of rights to claim damages for an infringement of moral rights.
Taxation
ECU has the following Australian Taxation Office registrations/endorsements:
- GST
- GST Concession
- Charitable Institution
- Income Tax Exemption
- Deductible Gift Recipient
http://www.abr.business.gov.au/(nnuxos45jrxalz45z4bng5vc)/abnDetails.aspx?ABN=54361485361
http://www.fbsc.ecu.edu.au/tax/html/australian_income_tax.cfm
Resources: |
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Moral Rights Consent - [.doc | 36 kb] |
