Canadian University IP Agreements

Ownership of Intellectual Property [IP] in Canadian Universities [U]

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Acadia

The creator owns the IP. If the U decides to proceed with commercialization, the inventor assigns the IP to the U. Obliged to pay 75% of the net income (gross income-expenses) to the U.

Comments
The IP policy is part of the Collective Agreement. Contracts supersede the Collective Agreement.

British Columbia

U retains ownership of the IP. If the discoveries, inventions, audiovisual & computer materials arise from the use of U facilities or funds administered by the U, disclosure must be made to the U & rights assigned to the U, unless there is a prior arrangement with a sponsor of research. Obliged to pay 50% of the net income (gross income-direct costs) to the U.

Comments
All U members (including students) must disclose potential IP. The U may choose to assign the rights to the inventor. Copyright or “literary works” belong to the creator.

British Columbia Institute of Technology

U retains ownership of the IP. If the U declines to undertake commercialization of the IP, the U offers to assign the ownership of the IP to the inventors. If the U undertakes commercialization it undertakes the costs. Obliged to pay 20% of the income from commercialization & the inventor must reimburse to the U the cost for commercialization.

Comments
If the U made a commitment to an external client to deliver the IP, the U will do so once the commitments to the client are fulfilled.

Brock

Creator owns the IP with some exception, e.g., IP created as part of employment and if there is a contract/licence, the contract/licence supersedes the policy.

Comments
The IP policy Ownership of IP is contained in Collective Agreement. The IP policy applies to students, Post-Doctoral Fellows and Teaching Assistants.

Calgary

Creator of IP whether scientific, humanistic, literary & artistic endeavors owns the work (as of April, 1994). However, if they use U facilities & support to create the work, the U has the right to share in the net revenues if commercialized. Revenue sharing will occur where the IP arose from grants or contracts between external sponsors & the U or when the U participates in commercializing of the IP development, financing, manufacturing, license & sale of property.

Comments
Exceptions are when the U is the owner of the IP created under contract between the U & the creator; if the IP results from a contract for service/agreement/commission; if the IP is the result of work assigned to the U pursuant to a contract of employment; or the owner of the IP can voluntarily assign rights to the U. Where the U is the owner of the IP, it can voluntarily assign IP rights to the creator.

Carleton

The creator of the IP owns the work with exceptions, e.g., when the employer the U contributed assistance in the creation of the IP beyond that which is normally provided to the member. The employee may assign IP to the U.

Comments
Ownership of IP is contained in the Collective Agreement. The I can exploit the IP themselves or through the Innovation Transfer Office. Parties exploiting the IP enter into an agreement regarding ownership of IP and revenue sharing.

Concordia

U retains ownership if the Inventor is under Collective Agreement. The inventor grants the U a non-exclusive, royalty free, irrevocable, indivisible, non-transferable license, including to sub-license, to use the invention for any U purposes. Obliged to pay 50% of net proceeds to the U.

Comments
The IP policy is superseded by the Collective Agreement. U retains ownership of research output & students cannot commercialize or use, improve or exploit such research without the consent of the U.

Dalhousie

U makes no claim to the IP of the creators. The creators may choose to assign the IP to the U or commercialize it themselves.

Comments
IP ownership for faculty members is defined by the Faculty Collective Agreement. The U takes full assignment of the IP if commercialization occurs through the U technology transfer office. In addition, there is no obligation to disclose arising inventions, unless the funding source for the research requires otherwise.

Guelph

Faculty members own IP.

Comments
IP rights in relation to non-faculty are subject to a number of policies.

Lakehead

The U waves any claim to ownership. The rights are subject to Canadian law, research contracts, research grants & any agreement or policy on relative contribution; in absence of agreement, the fees, royalties or other income shall be shared 50/50.

Comments
Ownership of IP is defined by the Collective Agreement. The U is solely responsible for commercialization of the IP. Disclosure of the IP to the U is required within one (1) month prior to filing of a patent application or intellectual property sale and Employee(s) shall affirm in writing at that time whether or not the discovery has been made or developed with the use of U resources over and above normal U resources. The U has a right to negotiate an agreement with the Employee(s) to own and/or manage the intellectual property.

Ottawa

The policy is being updated but it is not expected to substantially change. Some details of the IP policy are updated every three years as part of the Collective Agreement. Disclosure of inventions is voluntary by researchers that are interested in potential commercialization. U retains ownership to patentable IP. When the U decides not to pursue a patent & relinquishes its rights to the invention, the employee shall be free to act as it wishes in regard to the invention & patent rights revert to the inventor. If a patent issues, the inventor must reimburse the U for disbursements incurred to obtain the transfer of information. The U retains a royalty-free, irrevocable & non-transferrable license to the invention for internal purposes, not including any activities funded by grants or contracts administered by the U. Grants & contracts supersede the IP policy.

Comments
Unless a faculty or staff members position involves the development of copyrightable material for the institution, copyright normally belongs to the creator.


PEI

IP ownership is governed by the Collective Agreement. U owns and U has interest in the IP. Contract determines the IP ownership. The U attempts to maintain ownership of the IP. The U at all times retains the right to use the IP and Research Results for internal teaching and research purposes.

Comments
Contracts must state that research publication rights remain with the U and may be subject to 1 year delay in publication.

Queen’s

All IP is owned by the person who creates the IP. The IP can be assigned by the creator to other party through an agreement in advance for certain types of funding or contract.

Comments
IP is part of the Collective Agreement of Queen’s University Faculty Association. It includes patents, copyright & trademarks. The agreement applies also to a creator of a portion of a piece of IP on a pro rata basis. The creator has the right to make all decisions concerning the development & use of IP including commercialization. A creator who intends to commercialize must disclose to the U. PARTEQ, the U technology transfer agent, may become a vehicle for commercialization. However, PARTEQ is under no obligation to accept the endeavor. If PARTEQ elects to proceed with protection and commercialization, an assignment to Queen’s University must be made. PARTEQ will have access to any improvements to assigned IP.

Ryerson

IP policy is currently under review. The creator owns the IP with certain exceptions, e.g., if under contract, involves extraordinary use such as funding from the U to support data collection.

Comments
Profit sharing from IP is directed by the Office of Research Services.

Saint Mary’s

The creator owns the work except in the following cases: a contract overrides the policy and where the U provides funds, resources and facilities beyond those required under usual employment. Disclosure to U of invention is mandatory. If the I pursues commercialization on their own without the U assistance, the I will be entitled to all the proceeds.

Comments
Ownership of the IP is contained in the Collective Agreement. Contracts take precedence over the Collective Agreement.

Saskatchewan

U faculty and staff assign certain IP to the U on appointment to the U. Contracts supersede the IP policy.

Comments
IP is part of the Collective Agreement with the Faculty Association. Under contract, the U is free to submit for publication research results within one year from the termination of the project or submission of the final report, whichever is later.

Simon Fraser

In the absence of an agreement, rights to patentable IP vest in the creator. The creator is free to exploit the invention on his own, through the University Industry Liaison Office [UILO]. If the commercialization process proceeds through the UILO, the creator is required to assign the IP to the U.

Comments
The IP created in the form of textbooks, instructional website or other instructional materials rest with the creator. The creator may voluntarily assign the IP to the U.

Toronto

U & I own the invention jointly. I may offer the invention to the U for commercialization and, if accepted by the U, the U becomes sole owner. Alternatively, I may request personal ownership and take responsibility for commercialization or appoint the U as I’s exclusive agent to commercialize the invention. U owns all rights to inventions created in the course of employment by administrative staff and the allocation of revenue from such an invention is at the sole discretion of the U.

Comments
If the U does not enter into an agreement with a 3rd party to commercialize the invention within 2 years, the I can request to assume full responsibility for commercialization and the U will assign full ownership of the invention to the I. Agreements entered into before the disclosure of the invention to the U can limit U policy. Invention policy does not apply to copyright, other than software that is not instructional software; rights in copyright are governed by a separate policy.

Trent

IP is inventor owned as per the Faculty Collective Agreement.

Comments
Disclosure of invention to the U of an invention is mandatory. The creator has the right to make all decisions regarding their IP and its commercialization. U has the 1st option to carry out development of IP to commercialization. The I is obliged to enter into an agreement with the U in respect to the work. For inventions, the I must grant to the U a non-exclusive, royalty-free, irrevocable, indivisible and non-transferable license to the IP, its improvements, design or development. For computer programs, the creator must grant non-exclusive, royalty-free, irrevocable, indivisible and non-transferable license to the U for U’s internal use.

Waterloo

The ownership of the IP rest with the creator with some exceptions, e.g., U retains ownership of IP created as “assigned tasks” in the course of administrative activities; creators grant the U a non-exclusive, free, irrevocable license to copy and/or use scholarly works created in the course of teaching and research; and sponsored or contract research are governed by the terms of the contract. The I can choose to commercialize the IP themselves or, if choose to use the assistance of the University, assignment and sharing agreements are signed. Disclosure of invention to the U is mandatory

Comments
The creator owns the copyright except for the following: works created or modified in the course of employment or works of joint authorship.

Western Ontario

In the absence of an agreement, the U claims no right to the IP of the creator(s). The inventor can choose to patent the invention through the U or commercialize it themselves. If the I chooses to go thru the University’s Patent Plan then the IP must be assigned to the U.

Comments
Copyright may be owned jointly by the University and the creator. In such cases, the division of ownership is settled by negotiation.

Wilfred Laurier

The creator owns the work with some exceptions, e.g., contract takes precedence or the U funds , resources or facilities are used beyond regular academic work.

Comments
The creator grants to the U a non-exclusive, royalty free, irrevocable, indivisible and non-transferable right to use for internal, non-commercial and research use.

Windsor

The creator owns the work with exceptions, e.g., ownership and profits are negotiated in an agreement with the U. Disclosure of IP to the U is mandatory if U facilities, support personnel, services, materials or equipment are used. The I assigns the invention to the U.