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´«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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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. - 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.
- °®¶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.