Types of business activities

Business names

Domain names

Contracts (including agreements and deeds)

Entities

Leases

Memoranda of understanding (MOU)

Patents

Trademarks

Business names

A business name is the name under which a business operates. The registration of the name identifies the owners of that business name. Registration is compulsory in every State and Territory in which a business operates and must be completed before the business starts trading.

Internal approval processes prior to registration

A proposal will be taken to Council in the near future to delegate the authority to register a business name.

External registration

In NSW, business names must be registered with the Office of Fair Trading in accordance with the Business Names Act 2002 (NSW). Registration of business names must be renewed every three years. (For more information, see Business names, NSW Office of Fair Trading.)

Domain names

A domain name is the name that corresponds to the internet protocol (IP) address of a computer on the Internet. The domain name is used in a web page's URL (e.g. uts.edu.au).

Internal approval processes prior to registration

A Domain Name web standard is currently being drafted. For further details of web standards, see the Publishing on the UTSWeb Policy.

External registration

Domain names with the delegation 'edu.au' are allocated and registered through education.au. Registration is for two years initially, and is renewable for a further two-year term. Renewal invoices and reminders are sent via email 90, 60 and 30 days prior to expiry. A letter is also posted in between the 60- and 30-day emails.

Contracts (including agreements and deeds)

Contracts are important legal documents that protect the interests of the University, its clients and affiliates.

Legal arrangements are usually embodied in deeds or agreements. Deciding which type of document to use is a legal question and depends on the needs of the parties, the length of the limitation period required, and the specific formal requirements in legislation.

Agreements are normally used where the exchange between the parties is for significant value. Again, the concept of 'significant value' must be decided on a case-by-case basis.

Deeds are normally used where there is no monetary exchange between the parties but where the parties wish to ensure that their respective obligations are legally enforceable.

Memoranda of Understanding and Leases are managed in the BIS as separate business activities. For information on these activities, see the sections on 'Memoranda of Understanding' or 'Leases' below.

Internal approval processes prior to registration

Entering into a contract or agreement with an external party locks the University into legally binding arrangements. A protocol for executing documents is available in the Delegates' responsibilities section of Register of Standing Delegations.

External registration

Not applicable.

Entities

For the purposes of the BIS, an entity is defined as a legal body registered under law as either an association or a company, which may include staff and student clubs and societies, or an incorporated entity or association that the University owns or holds a share in.

Internal approval processes prior to registration

The establishment and participation in corporations, including UTS controlled entities are governed by the Register of Standing Delegations (delegation 3.3) and Council's Directives for Commercial Activities,

External registration

Not applicable.

Leases

A lease for the purposes of the BIS, is a contract between a property owner (lessor) and a tenant (lessee) which defines the rights and obligations of each party in relation to the leasing of property for a set period of time for the payment of rent.

Leases in the BIS include commercial leases, where UTS is the lessor, as well as leases where UTS is the lessee.

Internal approval processes prior to registration

Entering into a lease locks the University into legally binding arrangements. Internal approval is governed by a delegation under the University's Register of Standing Delegations (delegation 1.4).

For commercial leases, refer also to the UTS Facilities Hire Vice-Chancellors Directives (PDF).

External registration

Not applicable.

Memoranda of understanding

A memorandum of understanding (MOU) typically outlines the general intent of University-wide cooperation, and not simply the intent of the sponsoring faculty or institute. Although an MOU outlines a relationship, it is not a legally binding document. The parities to an MOU will agree and acknowledge that an MOU is non-binding and is not intended to create legal obligations between the parties. It is an expression of current intent only.

UTS also has strategic partnerships with other universities to develop co-operative international academic endeavour for research cooperation, promulgation of research outcomes, provision of research training outcomes, provision of research training opportunities, curriculum development, delivery of programs of teaching and learning, enhancement of scholarship, professional development of staff and exchanging experiences in university administration.

Internal approval processes prior to registration

UTS International is responsible for monitoring the procedures for establishing, maintaining, reviewing and recording all memoranda of understanding and all international agreements and strategic partnerships.

The UTS Exchange Students Committee is responsible for considering proposals to establish a Student Exchange Agreement and reviews recommending renewal or termination.

The Deputy Vice-Chancellor (International) is responsible for recommending to the Vice-Chancellor that a memorandum of understanding be signed.

An MOU or international agreement must be prepared in accordance with the Standard Operating Principles and Procedures for International Memoranda of Understanding and International Agreements. (Note: These Procedures have been finalised but have not yet been published on the web, however, a soft copy is available. If required, contact UTS International.)

External registration

Not applicable.

Patents

A patent is a right granted for any device, substance, method or process which is new, inventive and useful (from What is a Patent?, IPAustralia). A patent is legally enforceable and gives the owner the right to commercially exploit the invention for the life of the patent. This is not automatic. The right to ownership of an invention must be applied for.

Internal approval processes prior to registration

Internal approval of patents will be governed by the University's Intellectual Property Policy and its associated directives (currently under review/development). For UTS policies and directives, see Policies and Directives of the University.

Council's Delegations of Authority (delegation 1.18) provide that a patent application may be made by the Vice-Chancellor, Pro-Vice-Chancellor (Research) or Registrar. The approval process is managed by Council's Commercial Activities Committee and the Research & Innovation Office.

External registration

In Australia, patents are granted though IP Australia, the Commonwealth agency responsible for administering patents. For registration of patents within Australia or overseas, contact the University's Manager IP Licensing in the Research & Innovation Office. (See Research & Innovation Office People for contact details.)

Usually, the patenting process takes between two and five years. A standard patent remains valid for 20 years from the date of application (25 years for pharmaceutical patents), provided that the person or organisation to which it has been granted continues to pay the appropriate maintenance fees. Maintenance fees are due annually from the fifth anniversary of the filing date.

Trademarks

A trademark can be a word, phrase, letter, number, sound, smell, shape, logo, picture, or aspect of packaging, or any combination of these. It is used to distinguish the goods and services of one trader from those of another. The difference between trademarks, business and domain names sometimes causes confusion. Registration of a business or domain name does not in itself include any proprietary rights. Only a trademark provides that kind of protection.

Internal approval processes prior to registration

Internal approval of trade marks will be governed by the University's Intellectual Property Policy and its associated directives (currently under review/development). For UTS policies and directives, see Policies and Directives of the University.

The approval process is managed by Council's Commercial Activities Committee and the Research & Innovation Office.

External registration

Trademarks can be registered through IP Australia, the Commonwealth agency responsible for administering trademarks in accordance with the Trade Marks Act 1995 (Cwlth).

Usually, the registration process takes between one and three years, depending on the jurisdiction. Renewal is required every 10 years. IP Australia sends out renewal letters two months before the expiry date, and no follow-up reminders are sent. Renewal occurs upon receipt of the fee, and late fees apply if renewal occurs after the expiry date. The registration can be renewed indefinitely.

For registration of trademarks within Australia or overseas, contact the University's Manager IP Licensing in the Research & Innovation Office. (See Research & Innovation Office People for contact details.)

For further information about business activities, contact the BIS Administrator (see Contacts).