Intellectual Property Policy

1. The purpose of our policy

This policy outlines the principles under which Adelaide University manages intellectual property (IP) created by our staff, students, titleholders and visitors.

It establishes the governance-level responsibilities for the ownership, protection and use of IP in teaching, research, and our other activities.

This policy must be read in conjunction with the Intellectual Property Procedure.

2. Who our policy applies to

2.1 Inclusions

This policy applies to:

• our staff
• our students
• our titleholders
• visitors involved in research, teaching or innovation activity connected to Adelaide University.

2.2 Exclusions

This policy does not apply to:

• third parties who own IP under a project agreement or other contract with the University
• the Adelaide University brand or other representations that identify the University, including its official titles (‘Adelaide University'), logos, trademarks, slogans, business names and domain names, which are covered under the [Marketing and Communications Policy].

3. Our IP principles

3.1 We enable responsible IP practices

We support the creation, protection, and use of IP to advance knowledge, innovation and community benefit.

3.2 We align with national research and IP standards

We support the principles relating to the management of IP embodied in the Australian Code for the Responsible Conduct of Research (2018) and the National Principles of Intellectual Property Management for Publicly Funded Research.

3.3 We protect University IP

We assert ownership over IP developed, created, authored or otherwise contributed to by staff in the course of their employment with Adelaide University, unless there is a specific written agreement to the contrary.

3.4 We recognise individual contributions and respect Moral Rights as defined in the Copyright Act 1968 (Cth)

We use best endeavours to ensure that the Moral Rights of our staff, students, titleholders and visitors are respected by any third party under contract with Adelaide University. In the case of administrative materials or teaching materials created by staff, titleholders or visitors on behalf of the University, those authors consent to the University using or modifying such materials as it sees fit.

3.5 We foster partnerships that maximise the value of our IP

We work collaboratively with industry, government and community to translate knowledge through commercialisation, licensing or open dissemination.

3.6 We manage IP with fairness and transparency

We ensure clear, equitable and consistent practices in the allocation of ownership, access, and benefit-sharing.

3.7 We support understanding of IP rights and responsibilities

We provide clear guidance to staff, students and titleholders to help them engage confidently with IP matters.

3.8 We respect Indigenous knowledge and custodianship

We recognise Aboriginal and Torres Strait Islander Peoples as traditional owners of country and support the respectful treatment of their traditional knowledge.

3.9 We maintain clear arrangements for IP developed under legacy agreements with our foundation universities

We honour existing IP agreements and obligations from our foundation universities until they are reviewed and incorporated into Adelaide University’s unified IP management structure.

4. Definitions used in our policy

Please refer to our Adelaide University glossary for a full list of our definitions.

Administrative Materials are those items created for the administrative or business functions of the University. These include, but are not limited to, letters, memos, templates, handbooks, systems software, advertising material and internal reports.

Creator(s) means any student or staff member who creates IP, whether singularly, or in conjunction with others.

Foundation universities means the University of Adelaide and the University of South Australia.

Intellectual Property (IP) means and includes all forms of IP rights whether arising under legislation or existing at law. IP includes all rights resulting from intellectual activity across all fields, including the right to apply for registration of such rights, and includes all rights in relation to circuit layouts, copyright, confidential information (including trade secrets and know how), designs, inventions and patents, plant varieties, plant breeder’s rights and trademarks.

Student means a person enrolled in an Enabling Program, Award or Non-Award coursework study, a Graduate Research Program, or a short course or microcredential at Adelaide University.

Teaching Materials are materials in any form prepared for the teaching of a course or program that is offered or intended to be offered by the University. They include curriculum outlines, lectures, lecture notes and material, syllabi, study guides, assessment materials, images, web content, course software, etc.

Titleholder means any person upon whom Adelaide University has conferred an honorary academic title.

Traditional Knowledge means all and any traditional knowledge and traditional cultural expressions, whether past, present or evolving, including but not limited to:

1. know-how, practices, skills and innovations;
2. traditions, observances, customs and beliefs;
3. artwork, designs, dances, handicrafts, music, names, stories, ceremonies, symbols, and narratives;
4. languages;
5. spiritual knowledge;
6. traditional economies and resource management;
7. scientific, spatial, agricultural, technical, biological, medicinal, technical, ecological and biodiversity-related knowledge,

and includes the manifestations of such traditional knowledge in oral, physical and digital form including but not limited to archives, audio recordings, film and video recordings, photographs, and written records, subject to any IP rights owned by third parties in any such manifestation.

5. How our policy is governed

This policy is categorised, approved and owned in line with the governance structure of Adelaide University and the offices and officers listed below.

6. Legislation and other documents related to our policy

Refer to the Delegation Policy for all delegations at Adelaide University.

7. History of changes