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Intellectual property in doctoral studies

Valuable intellectual property is often created during doctoral studies – including research project results, reports, publications, technological know-how, datasets, software, methods, presentations, and other creative outputs. Intellectual property issues may relate to the doctoral researcher’s own work, the supervisor’s prior research results, the contribution of a partner organisation, or third-party data and technologies.

To avoid disputes, publication restrictions, and uncertainty regarding rights, intellectual property matters should be addressed consciously and at an early stage. Clarity regarding ownership and usage rights helps ensure that research results can be published and protected, collaboration remains transparent, and the rights of all parties are safeguarded.

This guide helps you identify which intellectual property is used or created in connection with the doctoral thesis and when additional agreements may be necessary. The use of intellectual property in the doctoral thesis must be documented (for intersectoral doctoral researchers, this is a requirement under the cooperation agreement) using the designated form.

We recommend that both the doctoral researcher and the supervisor(s) review the guide below and address intellectual property matters regularly throughout the doctoral studies.

INTELLECTUAL PROPERTY (IP) RELATED TO DOCTORAL THESIS
Author: Jekaterina Bossenko

The issues of intellectual property rights depend to a large extent on whether the doctoral researcher is working at the university or in a partner organisation.

  • The intellectual property created in the course of contractual tasks or using the university’s infrastructure belongs to the university.
  • The economic rights to the doctoral thesis as a work belong to the doctoral researcher. If the doctoral thesis contains research results belonging to the university, the doctoral researcher may transfer the economic rights to the partner organisation only with a prior agreement with the university.
  • The supervisor at the University of Tartu must ensure that the intellectual property belonging to the university is not passed to the partner organisation without a relevant agreement.
  • The economic rights to the intellectual property created in the course of contractual tasks belong to the partner organisation.
  • The economic rights to the doctoral thesis as a work belong to the doctoral researcher. If the doctoral thesis contains research results belonging to the university, the doctoral researcher may transfer the economic rights to the partner organisation only with a prior agreement with the university.
  • The supervisor at the University of Tartu must ensure that the intellectual property belonging to or created by the university does not pass to the partner organisation without a relevant agreement:
    • If the doctoral researcher participates in a development project of the university and creates intellectual property, the doctoral researcher must sign a deed of assignment, whereby they assign to the university the economic rights to the results of their development project and the authorisation to use the moral rights of the author;
    • If the doctoral researcher wants to use the university’s intellectual property in the doctoral thesis, the partner organisation and the university must make an additional agreement specifying whether the partner organisation wants to use the university’s intellectual property and to acquire the economic rights to the doctoral thesis from the doctoral researcher.
If in doubt, contact the experts at the University of Tartu Centre for Entrepreneurship and Innovation