1. The purpose of our procedure
This procedure outlines how Adelaide University manages, protects and commercialises intellectual property (IP) created through our research, teaching, and other activities. Please read this procedure in conjunction with the Intellectual Property Policy.
Transitional note: Until all commercialisation, contractual, employment and revenue-sharing arrangements of the foundation universities are fully harmonised, the pre-existing rights and obligations arising under those arrangements continue to apply. Where uncertainty arises, the process or agreement in effect at the originating foundation university applies.
2. Who our procedure applies to
2.1 Inclusions
This procedure applies to:
- our staff
- our students
- our titleholders
- visitors involved in research, teaching or innovation activity connected to Adelaide University.
2.2 Exclusions
This procedure does not apply to:
- third-party contractors who own IP under a project agreement or other contract with Adelaide University
- entities or collaborative bodies where IP management is governed by another organisation’s policy, contract or governance framework (for example, cooperative research centres, joint research centres, or other formal multiparty research partnerships).
3. Our intellectual property procedure
3.1 IP disclosure process
Creators of University IP must:
- disclose newly created University IP with commercial potential to Research Commercialisation within 30 days of creation
- use the [IP Disclosure Form]
- provide reasonable assistance for assessment and protection, including signing required documents and assisting with patent-related work
- keep IP confidential until assessed and appropriately protected
- maintain accurate records, data and research materials to substantiate creation
- disclose any pre-existing IP they bring into the University to their line manager or Dean of School, and disclose to Research Commercialisation if intended for commercial use
- declare and manage any conflicts of interest associated with commercialisation activity in accordance with the Conflict of Interest Procedure
- where requested, execute documents necessary to confirm ownership, assignment or protection of IP and assist in commercialisation actions.
Students who retain ownership of their IP are encouraged, but not required, to disclose it (subject to confidentiality), unless the IP falls under an agreement requiring assignment or University involvement in protection or commercialisation. In such cases disclosure is mandatory.
3.2 IP assessment and protection
Research Commercialisation will:
- assess each disclosure and provide preliminary advice, normally within 90 days
- determine whether protection or commercialisation should proceed
- consult with Deans of School or relevant academic leaders
- seek external expert advice where appropriate
- fund approved protection and registration costs
- notify the creator where Adelaide University elects not to proceed, and manage requests from creators to pursue protection or commercialisation independently, including preparing recommendations for approval by the Deputy Vice Chancellor – Research and Innovation.
3.3 Ownership and assignment
Ownership of IP depends on the creator’s relationship with Adelaide University.
3.3.1 Staff
IP created by staff in the course of their employment, or using Adelaide University resources, belongs to Adelaide University in accordance with the IP Policy.
3.3.2 Students (including graduate research students)
Students own the IP they create unless:
- the IP arises from, or builds upon, pre-existing University IP
- the work forms part of a funded, sponsored or otherwise contractually governed project that specifies University or third-party ownership
- the student has agreed in writing, before commencing the work, to assign IP as a condition of participating in a program, project or scholarship.
Where assignment of IP is required, the assignment must be confirmed in writing in an IP Assignment Deed Poll (or equivalent IP Assignment Deed).
Students must be informed of the implications and encouraged to obtain independent advice.
Copyright in student theses normally remains with the author unless otherwise agreed.
3.3.3 Titleholders and visitors
Titleholders and visitors must assign IP to the University if it is created in connection with their appointment or collaboration and uses University resources, funding or facilities, or forms part of University-led research or activity.
3.4 Commercialisation pathway
Once IP is protected, commercialisation options may include licensing, assignment or establishing a spin-out company.
Decisions on commercialisation pathways are made by [commercial/contract managers] in consultation with the creator(s) and approved by the Director, Research Translation and Research Commercialisation.
Where IP is owned by a student, the student may commercialise independently or collaborate with Adelaide University under a written agreement.
3.5 Revenue-sharing framework
This revenue-sharing framework applies to University-owned IP. Where a student retains ownership and the University assists with protection or commercialisation, the revenue-sharing terms will be defined in a written agreement.
For University-owned IP, Net Revenue is shared as follows:
- 40% to the creator(s)
- 20% to the academic unit or institute where the IP originated
- 40% retained by the University for reinvestment in research and innovation.
Exceptions:
- No revenue sharing applies to staff for the commercial use of administrative materials or teaching materials unless otherwise agreed.
- Net revenue from Plant Breeder’s Rights for varieties with a PBR Part 1 acceptance date after 23 July 2012 is distributed entirely to the School of Agriculture, Food and Wine for reinvestment in plant breeding.
3.6 Collaborative and externally funded research
All collaborative or externally funded projects must:
- include clear, written IP terms agreed before the project begins
- ensure Commercial/Contract Managers work with researchers to determine appropriate IP ownership arrangements
- escalate complex or unusual arrangements to the Director, Research Translation and Research Commercialisation for advice
- ensure finalised IP ownership and commercial terms are recorded in the [IP Register].
3.7 Publication and protection timing
Creators must not publish or publicly present information about an invention before any protection steps (such as patent filing) are completed.
Creators must lodge proposed publications with Research Commercialisation at least 30 days prior to planned release.
3.8 Access and use of University IP by creators
Creators may use University IP in research and teaching as part of their duties, provided:
- they confirm with their line manager or Dean of School that use will not prejudice protection or commercialisation
- they follow directions of the Director, Research Translation and Research Commercialisation regarding timing and confidentiality.
Use of University IP for non-University purposes (e.g., consulting, external teaching, start-ups) requires written permission or a licence executed under delegation by the Director, Research Translation and Research Commercialisation.
Use of teaching materials externally requires approval of the Provost and Deputy Vice Chancellor.
3.9 Use of external IP and bringing IP into the University
Creators must not use third-party IP unless the University has secured appropriate rights (licence, assignment or permission).
Creators wishing to bring externally owned IP into the University must:
- disclose ownership to their line manager or Dean of School
- assist in verifying ownership and obtaining appropriate permissions
- ensure the IP cannot infringe third-party rights.
The University may negotiate access to external IP through the Director, Research Translation and Research Commercialisation.
3.10 Moral rights as defined in the Copyright Act 1968 (Cth)
We respect the moral rights of creators by providing consent as follows:
Implicit (embedded) consent applies to administrative and teaching materials, enabling reasonable modifications necessary for Adelaide University operations.
Explicit written moral rights consent is required where:
- administrative or teaching materials will be significantly edited or repurposed,
- IP is intended for commercialisation, or
- alterations may reasonably affect the creator’s reputation.
Creators must be informed when explicit consent is required and may seek independent advice.
3.11 Respecting Indigenous Cultural and Intellectual Property (ICIP)
Creators must ensure that IP incorporating traditional knowledge is managed in accordance with:
- the AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research
- relevant Indigenous cultural protocols
- requirements for free, prior and informed consent by knowledge holders.
Oversight and guidance is provided by the Director, Research Compliance, Ethics and Integrity.
3.12 Procedural support mechanisms
Supporting tools and templates include:
- [IP Disclosure Form]
- [IP Assignment Deed Poll] – for transferring ownership of IP to Adelaide University
- [Moral Rights Consent Form]
- [Deed of Distribution] – for recording how commercialisation revenue or equity is shared among creators and Adelaide University.
- [IP Register User Guide]
- [ICIP and Cultural Data Guidance].
4. Who holds responsibility within this procedure
The following roles are responsible for implementing and maintaining this procedure.
4.1 Deputy Vice Chancellor – Research and Innovation must:
- provide strategic direction
- oversee alignment with research strategy, research integrity, IP legislation and national frameworks
- authorise major commercialisation decisions
- approve assignment of IP to creators when the University elects not to commercialise
- oversee harmonisation of foundation universities’ IP and revenue arrangements.
4.2 Pro Vice Chancellor, Research Translation must:
- ensure compliance with relevant legislation and University policies including conflict of interest
- provide strategic direction for research translation and commercialisation across the University
- oversee implementation of strategy through the Director, Research Translation and Research Commercialisation
- provide executive oversight of IP assessment, protection and commercialisation in accordance with this procedure.
4.3 Director, Research Translation and Research Commercialisation must:
- approve commercialisation pathways under delegation
- decide whether protection or commercialisation should proceed where escalated by Research Commercialisation
- prepare recommendations for the Deputy Vice Chancellor – Research and Innovation when the University elects not to commercialise
- approve commercial agreements under delegation
- provide leadership and oversight to the Research Commercialisation sub-function
- oversee legacy IP migration and transitional records.
4.4 Director, Research Compliance, Ethics and Integrity must:
- provide oversight and guidance on the management of IP involving Traditional Knowledge, consistent with section 3.11 of this procedure
- advise researchers and Research Commercialisation on compliance with the AIATSIS Code of Ethics and relevant Indigenous cultural protocols where applicable.
4.5 Research Commercialisation must:
- receive and assess IP disclosures
- provide preliminary advice within 90 days
- determine protection strategy and commercialisation route
- engage external advisers where required
- maintain the [IP Register]
- notify creators if the University elects not to commercialise and manage subsequent creator applications
- support agreement-making with commercial partners
- advise creators on confidentiality and protection requirements before publication or public disclosure, consistent with the obligations set out in Sections 3.1 and 3.7 of this procedure
- manage publication notifications submitted under Section 3.7 of this procedure and liaise with creators on timing and necessary protection steps
- assist creators and Deans of School in managing conflicts of interest arising from commercialisation activity, consistent with Section 3.1 of this procedure
- manage transitional IP records and documentation as necessary under the transitional note in Section 1.
4.6 Commercial/Contract Managers must:
- work with researchers to propose appropriate IP ownership arrangements in collaborative and funded projects
- ensure IP clauses comply with policy and reflect project intent
- escalate novel or complex arrangements to Research Commercialisation
- ensure confidentiality and protection measures relevant to contracting are applied before publication or disclosure of potentially protectable IP.
4.7 Deans of School must:
- ensure creators understand disclosure obligations
- maintain oversight of IP created within their academic unit
- confirm use of University IP does not prejudice protection or commercialisation
- ensure titleholders and visitors accept the terms of the University IP Policy and Procedure
- reinforce that researchers must ensure confidentiality and protection measures are applied before publication or disclosure of potentially protectable IP.
4.8 Creators (staff, students and titleholders) must:
- disclose new IP
- maintain confidentiality until assessment
- retain records and research materials
- disclose any pre-existing IP they intend to use where commercialisation, contractual obligations or third-party rights may be affected
- execute documentation reasonably required for protection or commercialisation
- declare and manage conflicts of interest
- comply with publication clearance requirements
- ensure confidentiality and protection measures are applied before publication or disclosure of potentially protectable IP
- seek guidance from Research Commercialisation.
5. Definitions used in our procedure
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.
Commercial means the use or application of Intellectual Property for profit whether monetary or otherwise.
Creator(s) means any Student or staff member who creates IP, whether singularly, or in conjunction with others.
Intellectual Property or 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.
Foundation universities means the University of Adelaide and the University of South Australia.
Plant Breeder’s Rights are exclusive commercial rights to a registered plant variety administered under the Plant Breeder’s Rights Act 1994.
Graduate research student means student enrolled in a graduate research program, such as the Master of Research, Master of Philosophy or Doctor of Philosophy. It does not include coursework programs with a research component, such as Honours.
Student means a person enrolled in an enabling program, award or non-award coursework study, a 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:
- know-how, practices, skills and innovations;
- traditions, observances, customs and beliefs;
- artwork, designs, dances, handicrafts, music, names, stories, ceremonies, symbols, and narratives;
- languages;
- spiritual knowledge;
- traditional economies and resource management;
- 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 intellectual property rights owned by third parties in any such manifestation.
6. How our procedure is governed
This procedure is categorised, approved and owned in line with the governance structure of Adelaide University and the offices and officers listed below.
| Parent policy | Intellectual Property Policy |
|---|---|
| Policy category | Academic |
| Policy owner | Deputy Vice Chancellor – Research and Innovation |
| Procedure owner | Deputy Vice Chancellor – Research and Innovation |
| Approving authority | co-Vice Chancellors/Vice Chancellor and President |
| Responsible officer | Pro Vice Chancellor, Research Translation |
| Effective from | 1 January 2026 |
| Review date | 1 January 2029 |
| Enquiries | Interim Central Policy Unit |
| Replaced documents | (Transitional) Intellectual Property Policy |
7. Legislation and other documents related to our procedure
Refer to the Delegation Policy for all delegations at Adelaide University.
| Category | Documents |
|---|---|
| Associated procedures | Intellectual Property Policy |
| Related policy documents | Authorship Procedure Copyright Compliance Procedure Delegation Policy Investigating and Managing Research Conduct Procedure Management of Externally Funded Research Procedure Research Consultancy Procedure Research Data and Primary Materials Procedure Research Integrity Policy Research Operations Policy |
| Referenced legislation |
Plant Breeder's Rights Act 1994 Plant Breeder's Rights Regulations 1994 Higher Education Standards Framework (Threshold Standards) 2021 Standards 1.3, 3.1, 4.1 and 6.2 AIATIS Code of Ethics for Aboriginal and Torres Strait Islander Research.pdf National Code of Practice for Providers of Education and Training to Overseas Students 2018 Standards 1.1–1.3, 2.1 and 3.4 |
| Related legislation | Circuit Layouts Act 1989 (Cth) Circuit Layouts Regulations 1990 (Cth) Copyright Act 1968 (Cth) Copyright Regulations 2017 (Cth) Designs Regulations 2004 (Cth) |
| External references | AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research Australian Code for the Responsible Conduct of Research 2018 | NHMRC National Principles of IP Management for Publicly Funded Research | NHMRC |
8. History of changes
| Date approved | To section/clauses | Description of change |
|---|---|---|
| 4 April 2025 | N/A | Transitional IP Policy and Procedure created and approved |
| N/A | Transitional (combined) IP Policy and Procedure separated into distinct documents. Full rewrite and reformatting to comply with the Adelaide University Writing Guide Version 2.3. Document structured using the approved policy template and policy hierarchy standards. |
At the time of writing, Adelaide University’s organisational structure, position titles, and committee names have not been confirmed. Square brackets [ ] indicate placeholders for these details. Brackets are also used to identify policy elements that are subject to further decision-making or confirmation. These will be updated once final decisions are made.