°®¶¹´«Ã½

Commercialization and Revenue Sharing

Procedure Number
001
Policy Number
3402
Responsibility
VP Academic
Approved
Board of Governors
Effective Date
November 16, 2010
Amended
September 10, 2014
Procedure Statement

Justice Institute of BC (°®¶¹´«Ã½) owns the intellectual property in all works created by °®¶¹´«Ã½ Employees unless there is a written agreement approved by °®¶¹´«Ã½.

  1. °®¶¹´«Ã½ Members (Faculty, employees and students) may voluntarily assign or transfer their interest in intellectual property to °®¶¹´«Ã½ to enable °®¶¹´«Ã½ to assist with commercialization, or for other purposes mutually agreed to; and °®¶¹´«Ã½, may accept such assignment or transfer and thereafter may transfer or license its ownership or interest to third parties.
  2. If °®¶¹´«Ã½ owns the intellectual property and elects not to pursue commercialization, then °®¶¹´«Ã½ may, in its sole discretion, agree to transfer its interest in the intellectual property to the creator(s), subject to such terms and conditions as deemed appropriate by °®¶¹´«Ã½.
  3. If commercialization is anticipated and there is more than one creator, a written agreement among the creators regarding ownership and revenue sharing should be concluded before negotiations related to commercialization are commenced with third parties.
  4. Creators may elect to pursue the commercialization of his/her intellectual property without the assistance of °®¶¹´«Ã½. When this is done, the °®¶¹´«Ã½ will not share in the proceeds but will expect to recover the cost of its investments in the project or projects that led to the creation of the intellectual property.
  5. Creators are free to commercialize intellectual property they own without involving °®¶¹´«Ã½ where no °®¶¹´«Ã½ resources were used in the development of the intellectual property. Creators may request °®¶¹´«Ã½â€™s assistance in commercializing, or may decide not to commercialize their intellectual property.
  6. Should the individual wish to seek the assistance of °®¶¹´«Ã½ in pursuing patents or other protection and subsequent commercialization, °®¶¹´«Ã½ and the creator shall enter into an agreement to share proceeds among the parties.
  7. Subject to any Agreement provisions entered into by °®¶¹´«Ã½, °®¶¹´«Ã½ has the right to a share of revenue earned from commercialization of intellectual property developed using °®¶¹´«Ã½ resources. Revenue sharing and intellectual property rights will be determined on a case by case basis. 
  8. As stated in the °®¶¹´«Ã½ Policy - Commercialization of Research Intellectual Property, °®¶¹´«Ã½ owns Intellectual Property. All net earnings (funds over and above direct and indirect costs of the contracts) will be proportionately allocated as follows:
    a.  first $5,000 to the creator;
    b.  50% of remaining balance to creator; and
    c.  balance to general °®¶¹´«Ã½ revenues.
  9. For the purposes of determining the allocation of revenue, either °®¶¹´«Ã½ or the creator may require the other to provide an accounting of all revenues and funds received and expenses incurred with regard to intellectual property covered by this policy.
  10. °®¶¹´«Ã½ and/or its designate shall be responsible for the reporting and the administration of the proceeds of commercialization provided to creators and other third parties, as applicable.

Related Policies and Procedures