The question of intellectual property ownership is addressed at several stages of candidature, including: at application, during candidature confirmation, and during the annual review of progress. Students should seek the advice of their supervisors or faculty Dean if issues arise relating to intellectual property.

In addition to the University's general Intellectual Property Policy (PDF 327k) the following considerations relate to the rights of students – with respect to intellectual property arising from their candidatures.

• the University considers that students have ownership of the intellectual property directly related to their research project unless other arrangements have been mutually agreed to in advance by the student and the University. Students should be circumspect about entering into any contract with an outside body in order to obtain access to information, funding, or resource materials
• any legal agreement bearing on the intellectual property rights of a student should be signed in accordance with the University's normal procedure for signing contracts. Students are advised to seek independent legal advice before entering into any contracts that impact upon the ownership of their intellectual property. In recognition that research projects may involve researchers working in teams where the contribution to the research and ownership of the intellectual property of all relevant parties must be acknowledged, the University may seek to negotiate other ownership arrangements. Heads of Elements and faculty Deans may consider whether it is appropriate to proceed with a recommendation of candidature for a student who is not prepared to enter into an agreement, particularly if the student will be working as part of a team where the rights of staff and other students may be a consideration
• where a student's candidature is wholly or partially funded by an external organisation, the student's supervisor should notify the Office for Research of their intention to engage students on the project prior to their engagement. Students need to be fully informed of the University's obligations to the external organisation in relation to intellectual property
• the host element and the University should ensure that the research program is not unreasonably influenced by commercial or industrial factors and that a student's thesis is able to be examined and published
• any delay in publication (e.g. while patentability is investigated and patent specifications are drawn up and lodged) should be minimised. The normal maximum delay in publication is 12 months. Any agreement should be sensitive to the legal consequences of publication of intellectual property in theses that may vary between the States and Territories
• the thesis examination is conducted 'in-confidence', and includes provision for confidentiality agreements with examiners should that be deemed necessary
• restricted access to theses after the examination will be considered by the University when a case is made, and only agreed to in compelling circumstances. Such circumstances could include commercial confidences, but not simply the denial of access by other scholars. When granted, restricted access should be for a limited time, and as short a period as possible
• agreement should be reached between the student and supervisor/s concerning authorship of publications and acknowledgement of contributions during and after the candidature. There should be open, equitable and mutual recognition of the student's and supervisor's contribution on all published work arising from the project
• no policy or agreement should be made that prevents students from meeting all the requirements of the relevant higher degree policy.

Policy and guidelines

• Intellectual Property Policy (PDF 327k)