Intellectual Property Policy
– May 31, 2010
Page 1 of 5
INTELLECTUAL PROPERTY POLICY
Policy Type:
Management
Initially
Approved:
May 31, 2010
Policy
Sponsor:
Provost and Vice-
President, Academic
Last
Revised:
May 31, 2010
Primary
Contact:
AVP, Research,
Scholarship and
Community
Engagement
Review
Scheduled:
April 2024
Approver:
Board of Governors
A.
OVERVIEW
Intellectual Property (IP) refers to ideas, designs and other inventions that are or can be protected
under various laws. In the course of fulfilling Mount Royal’s mission, MRU Members will produce
Intellectual Property that may be of benefit to society.
Generally, the position of Mount Royal is that the Creators of Intellectual Property in the areas of
teaching and research should retain the rights to it. In cases where IP is created in the course of
regular, non-academic employment and/or directly Commissioned, the University shall own the
relevant IP. Where IP created in the former case is commercialized and Specialized University
Resources have been used, the Creators will retain ownership, however the University will share
in any revenue generated from the commercialized IP.
As part of its commitment to academic freedom, Mount Royal seeks to preserve the rights of the
Creator when considering the extent and timing of any communication and publication of results
and when dealing with third party arrangements respecting IP.
B.
PURPOSE
To encourage creation, research and development and, where appropriate, Commercialization,
while ensuring that academic freedom is maintained, and that the interests of Mount Royal
Members, as well as the University itself, are safeguarded.
C.
SCOPE
This Policy applies to all Mount Royal Members that make or develop Intellectual Property with or
without University Resources. It also applies, with necessary changes, to external contractors if the
terms of their contracts with the University do not specify ownership of the IP produced under the
terms of the contract.
This Policy does not apply to IP created by Independent Efforts, in the course of demonstrably
private research, or in the course of private consulting activities to outside bodies. It also does not
apply to ideas or material created during previous or concurrent employment at other institutions.
Intellectual Property Policy
– May 31, 2010
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In areas where locally and externally created Intellectual Property intersect, such as bringing pre-
existing materials into teaching or research, it is important for the Creator(s) to clearly delineate the
two by, for example, providing a disclosure in cases where they do not own the pre-existing IP.
D.
POLICY STATEMENT
1.
GENERAL
1.1
This Policy is subject to the copyright provisions in the Collective Agreement
between the Board of Governors of Mount Royal University and the Mount Royal
Faculty Association.
1.2
When Academic Members create Intellectual Property as part of their teaching,
research, and academic work, they will own the IP they create, subject to the
exceptions and limitations herein. Any Intellectual Property created by Non-
Academic Members in the course of their job description or assigned work shall be
owned by the University. If Non-Academic Members create Intellectual Property
with Independent Efforts, they shall own the Intellectual Property.
1.3
Should the Creator(s) of the Intellectual Property choose to commercially exploit
the IP, the University will only exercise its right to share in the revenue earned from
such Commercialization if the IP was created through the use of Specialized
University Resources, as defined herein. Further details are specified in the
University Commercialization of Intellectual Property Policy.
1.4
In externally-sponsored or contract research activities, ownership of Intellectual
Property may be determined in whole or in part by regulations of the sponsor or
the terms of the contract. As detailed in the University policy on research
agreements, the Office of the Associate Vice-President Research, Scholarship and
Community Engagement must be involved in any contract negotiations with
external sponsors. Academic Members participating in these research activities
must be made aware of any such regulations or contract terms by the principal
investigator (i.e., the leader of the research project). Where there are no contract
stipulations regarding ownership, the Creator(s) may own the IP, subject to the
terms listed herein and the law. The terms of the contract or agreement will
determine if the external funds constitute Specialized University Resources.
2.
EXCEPTIONS AND LIMITATIONS
Exceptions to the above are as follows:
2.1
Where the Mount Royal Member has entered into an agreement with the University
to the contrary, that agreement takes precedence.
2.2
The University retains ownership of IP resulting from projects specifically
Commissioned by the University.
2.3
The University owns IP created by Members engaging in Non-Academic Activities
in the course of their employment. Where IP is created in this manner and through
teaching, research and academic work, ownership shall be shared between the
University and the Member. In such a case the University and the Member shall
enter into a Mount Royal Copyright Contract where the division of ownership will
be explicitly defined. If a Non-Academic Member has gone beyond his/her job
Intellectual Property Policy
– May 31, 2010
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duties in the development of the Intellectual Property, the Non-Academic Member
may have a claim of joint ownership in the relevant work.
2.4
To the extent that ownership of Intellectual Property governed by this Policy is
vested in Mount Royal Members, and University Resources have been used to
develop the Intellectual Property, the Member shall grant a perpetual, non-
exclusive, royalty-free license in favour of the University for teaching (including
distance and continuing education), duplication, internal distribution, research and
other non-commercial purposes, and for data archiving purposes as described in
the University policy on Integrity in Research and Scholarship: Collection, Storage
and Authenticity of Data. Such licenses are subject to the exceptions and
limitations contained in this policy and in Collective Agreements, including the
rights of the Creator to negotiate control with respect to nature of use and
obsolescence.
2.5
Any additional exceptions specified in this Policy or associated procedures.
E.
DEFINITIONS
In this Policy, the following terms, when capitalized, shall have the following meanings:
(1)
Academic Members:
shall include full-time and part-time instructors teaching credit
courses, any other person teaching a credit course,
counsellors, educational developers, librarians, those
persons from time to time designated “Academic Members”
by the Board, and any other person teaching non-credit
courses. It shall also include teaching assistants, post-
doctoral fellows, research fellows, undergraduates and other
students.
(2)
Board/Board of
Governors:
means the Board of Governors of Mount Royal University
(3)
Commercialization:
shall mean activities undertaken in order to commercially
exploit Intellectual Property. Commercialization includes sale,
assignment or licensing of IP or manufacturing or production
of goods and/or Services using Intellectual Property as well
as protection of IP, with the goal of financial return.
(4)
Commissioned:
shall mean written contracts entered into between an MRU
Member and Mount Royal to develop or create specific
products (such as an online version of a course)
(5)
Copyright:
shall mean the rights granted for specified periods pursuant
to the Copyright Act (Canada), as amended or re-enacted
from time to time, or any successor legislation
(6)
Creator:
shall mean the person or persons who create Intellectual
Property
(7)
Independent Efforts:
with regard to Intellectual Property means that the ideas for
the Intellectual Property came from the Creator, the
Intellectual Property was not made with the use of University
Resources, and is not related to the Creator's responsibilities,
work or employment at the institution
Intellectual Property Policy
– May 31, 2010
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(8)
Intellectual Property or
IP:
shall mean any result of intellectual or artistic activity created
by a person, that can be owned by that person including but
not limited to: Works, data, inventions, ideas, patents, patent
applications, industrial designs, trade-marks, trade names,
domain names, integrated circuit topographies, plant
varieties, computer programs, circuits, biological material,
chemical or other compositions of matter, know-how,
confidential information and trade secrets, which can be
registered or otherwise protected under the law
(9)
Mount Royal Members
or Members:
shall include both Academic and Non-Academic Members
(10)
Non-Academic
Activities:
shall include activities of Non-Academic Members, or any
activities of Academic Members, that are not directly related
to
teaching
or
scholarly
research.
This
includes
Commissioned teaching support material development by
Non-Academic Members, or specifically Commissioned
research support, such as developing a figure or graphic for
a publication
(11)
Non-Academic
Members:
shall
include full-time and
part-time administrative,
professional, support staff and other persons paid by or
through the University and anyone working under University
auspices
(12)
Policy:
means the Intellectual Property Policy
(13)
Specialized University
Resources:
shall mean University Resources that would not normally be
utilized by the individual in the normal course of duties and
would require University funding either directly or indirectly.
Examples include, but are not limited to, MRU funded grants
for the project in excess of $10,000, scientific instrumentation,
specialized library resources or personnel, additional
teaching release for faculty, or the use of research labs.
External funding may be included, depending on the nature
of the contract, awards agreement, or funding agency policy.
Examples of resources that do not apply include the portion
of a standard faculty workload dedicated to research, use of
an office computer, or hiring research assistants using grant
funds. The determination of what constitutes Specialized
University Resources in a particular context shall be made, in
writing, at the outset of commercialization activities, and
signed by the Creator and the Dean/Director of the relevant
Faculty/Unit. Otherwise, the Dean/Director shall make the
determination. Such a determination is subject to the dispute
resolution process set out in the Intellectual Property
Procedures.
(14)
University:
means Mount Royal University
(15)
University Resources:
shall include the use of University funds, University staff,
facilities, equipment, materials, technological information, or
proprietary know-how
Intellectual Property Policy
– May 31, 2010
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F.
RELATED POLICIES
• Commercialization of Intellectual Property Policy
• Integrity in Research and Scholarship Policy (and related procedures)
G.
RELATED LEGISLATION
• Copyright Act (Canada).
H.
RELATED DOCUMENTS
• Collective Agreement between the Board of Governors of Mount Royal University and the
Mount Royal Faculty Association
• Confidential Disclosure Agreement
• Intellectual Property Guidelines, Office of Research Services
• Intellectual Property Procedures
• Material Transfer Agreements
• Mount Royal Copyright Contract
• Mount Royal University Graphic Guidelines
I.
REVISION HISTORY
Date
(mm/dd/yyyy)
Description of
Change
Sections
Person who
Entered Revision
(Position Title)
Person who
Authorized
Revision
(Position Title)
05/31/2010
NEW
01/23/2020
Editorial
Template Update
Policy Specialist
University Secretary
06/28/2021
Editorial
Title Update
University Secretary
University Secretary