Intellectual Property Policy – May 31, 2010

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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 2025

Approver:

Board of Governors

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.

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.

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.

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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.

POLICY STATEMENT

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.

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

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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.

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

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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

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RELATED POLICIES

•

Commercialization of Intellectual Property Policy

•

Integrity in Research and Scholarship Policy (and related procedures)

RELATED LEGISLATION

•

Copyright Act (Canada).

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

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