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
AcadiaThe 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 |
British ColumbiaU 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 |
British Columbia Institute of TechnologyU 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 |
BrockCreator 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 |
CalgaryCreator 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 |
CarletonThe 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 |
ConcordiaU 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 |
DalhousieU 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 |
GuelphFaculty members own IP. Comments |
LakeheadThe 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 |
OttawaThe 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 |
PEIIP 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 |
Queen’sAll 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 |
RyersonIP 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 |
Saint Mary’sThe 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 |
SaskatchewanU faculty and staff assign certain IP to the U on appointment to the U. Contracts supersede the IP policy. Comments |
Simon FraserIn 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 |
TorontoU & 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 |
TrentIP is inventor owned as per the Faculty Collective Agreement. Comments |
WaterlooThe 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 |
Western OntarioIn 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 |
Wilfred LaurierThe 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 |
WindsorThe 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. |