Intellectual Property

Intellectual property (IP) is a term used to describe legal rights which may be claimed for certain intellectual creations. IP may be created by higher degree by research students as a result of the research projects they undertake. It is important to remember that any IP generated by higher degree by research students will frequently be the product of a complex interaction between the student, supervisor(s) and third parties as part of a research team. Therefore all higher degree by research students are required to comply with the University Policy on Intellectual Property.

Students own IP created in the course of their studies, except when they participate in a project that:

1. builds upon pre-existing University IP; or
2. is being carried out for, or in conjunction with, an external third party (e.g. a Co-operative Research Centre, a company, etc.), whether under a separate formal agreement or not.

To the extent that either of those conditions applies the student is required to assign to the University all of his or her present and future interest in relevant IP in accordance with and subject to the terms of the University’s Intellectual Property Policy.

This assignment takes place by signing a Student Project Participation Agreement (SPPA). It is important to remember that in most cases, if you choose not to sign an SPPA where one is required, your research proposal is not likely to be approved. Signing an SPPA ensures that you will share in any benefits arising from the research in the same way as a University staff member. It also means that the expertise within the organisation can be used to protect and service your interests; because of conflict of interest issues, the University is unable to act directly on your behalf until the SPPA has been signed.

When you sign an SPPA, a two year embargo will be placed over your thesis (both the electronic and paper versions) from the date of submission. At the end of this period, the embargo will automatically expire unless there are exceptional circumstances and prior arrangements have been made to extend the length of the embargo. Such extensions are considered and approved by Adelaide Research & Innovation Pty Ltd (known as “ARI”) and actioned by the Adelaide Graduate Centre. ARI helps researchers at the University by providing expert legal advice on all IP issues and the Adelaide Graduate Centre administers IP paperwork in accordance with ARI’s directions.

Intellectual property matters are complex and may take time to resolve. You are encouraged to discuss IP with your supervisors/Postgraduate coordinator at an early stage of your candidature, and if necessary, seek independent legal advice in connection with any IP issues.

Any required commercial and/or confidentiality agreements or contracts and/or the SPPA should be lodged with the Adelaide Graduate Centre as soon as possible, preferably with your enrolment paperwork, but at the very latest, with the Core Component of the Structured Program form.