What is intellectual property?
Intellectual property refers to the legal rights associated with creations of the mind. This includes:
- patents
- inventions
- plant breeder’s rights
- registered or unregistered trademarks and service marks
- registered designs
- copyrights
- database rights
- design rights
- confidential information (essentially the right to require information to be kept confidential)
- knowhow
- applications for any of the above.
Read more about the University’s Intellectual Property Policy and Procedure.
Student IP Deed Poll/Student IP Assignment Deed
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).
Graduate Researchers must be informed of the implications and encouraged to obtain independent advice.
Copyright in student theses normally remains with the author unless otherwise agreed.
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.
Following the University of Adelaide IP Policy?
Ths information is only relevant for graduate researchers following the University of Adelaide IP Policy.
Under the University of Adelaide’s Intellectual Property (IP) Policy, you retain ownership of the IP you create during your studies, unless your research falls into one of two specific categories:
- Case A: Your project builds on pre-existing University-owned IP that is maintained and potentially commercialised by the University.
- Case B: Your project is conducted for, or in collaboration with, an external third party (e.g. CSIRO, DSTG, CALHN, SAHMRI, SARDI, FRDC, other universities, companies or industry partners).
Whether Case A or B applies is determined through your Initial Review . If either applies, the University will require you to sign a Student IP Deed Poll - a legal document that transfers your IP rights (excluding copyright) to the University.
This assignment of rights ensures the University:
- can protect existing IP (Case A)
- can meet its contractual obligations to external partners (Case B).
If your project falls under Case A, the University will cover the cost of protecting the IP (where commercially feasible) and ensure your contribution is recognised and rewarded in line with staff entitlements, such as sharing in proceeds from commercialisation, in accordance with the IP Policy.
If you or your Principal Supervisor have concerns about signing the Deed Poll, contact the Graduate Research School.
Please note:
- You cannot work on a Case A or Case B project without signing the Deed Poll.
- If your scholarship is conditional on signing the Deed Poll, refusal to sign may result in cancellation - even if payments have already commenced.
The Graduate Research School will send the Deed Poll to relevant graduate research students for signature. Some third-party partners (e.g. CSIRO, SAHMRI, SA Pathology, CRCs) may have their own student agreements with additional IP provisions. Depending on the circumstances, a Student IP Deed Poll may still be required alongside these agreements.
Applying for a thesis embargo
The University supports open access to research. Most theses are made publicly available via the Adelaide Research and Scholarship (AR&S) Digital Repository and Trove.
However, you may apply to restrict access to your thesis for a limited time. If approved:
- the full digital thesis will not be downloadable
- only the citation, abstract and exegesis (if applicable) will appear online.
Embargoes are typically granted for 12 months up to two years from submission. In exceptional cases, such as national security concerns, an extension or a permanent embargo may be approved. If you need an extension, apply at least two months before the embargo expires. Otherwise, it will lift automatically.
Common reasons for requesting an embargo include:
- intellectual property protection
- confidentiality (e.g. protecting participant anonymity)
- commercial, cultural, political or legal sensitivity
- pending patents or publishing contracts
- sponsor or school requirements
- security restrictions.
To apply, complete the Embargo Application. Submit your application as early as possible, preferably well before thesis submission, to avoid delays in examination.
To remove an embargo before it expires, please contact the Graduate Research School.
For creative works such as novels or musical performances, you may request an embargo on the work itself. However, embargoes are not normally granted for the exegesis. Ensure your thesis and exegesis are submitted as separate files.