This policy provides the basis for the ownership, use and control of Intellectual Property (“IP”) between the Justice Institute of British Columbia (“91”, or the “Institute”) and members of the 91 Community who create IP.
91 wishes to foster a vibrant educational and Research culture that encourages members of the 91 Community to create IP.
While Canadian law gives employers ownership rights over IP created by employees, 91 recognizes that this right should be balanced by providing incentives that will encourage people to bring their new ideas forward.
91’s policy on ownership, use, and control of IP should be consistent with other public, post-secondary institutions in British Columbia, while taking into account the diversity and uniqueness of 91’s education, training, and Research activities.
This policy applies to all members of the 91 Community who create IP in all media and formats while involved in teaching, learning, Research, and administrative activities at 91 or under written agreement with 91, unless there is a written agreement that states otherwise.
This policy is subject to any rights and/or obligations set out in the current 91 collective agreement and Fair Comparison handbook, as well as all applicable laws, with respect to ownership, use and control of IP.
This policy does not apply to IP created by members of the 91 Community during non-Institute activities that do not make use of significant 91 Resources. This includes, but is not limited to, outside employment or other activities in an area unrelated to 91 activities, or activities conducted wholly while on unpaid leave of absence from the Institute.
Members of the 91 Community are encouraged to discuss matters of IP ownership, use, and control with the appropriate Dean or designate prior to embarking on any 91-related assignment, project or undertaking that would result in the creation of IP. Whenever possible, a written agreement or letter of understanding should be agreed upon by the Institute and the Creator to provide transparency and manage expectations with respect to ownership, use and control of any IP that may be created.
Commercialization – The creation of commercial processes, products, and services derived in whole or in part from Intellectual Property with the goal of financial return. The process of taking the intellectual property to market.
Copyright – Copyright is the legal right to produce, reproduce, publish, or perform an original literary, artistic, dramatic or musical work. In Canada, copyright law is governed by the Copyright Act and is a balance between owner’s rights and user’s rights.
Course Materials – Includes textbooks, instructional websites, or other instructional materials, created in any media or format.
Creator – The author, inventor, initiator, or developer of part or all of the intellectual property, includes co-creators.
Employees – For the purpose of this policy, the term "employees" refers to persons with any employment relationship with 91, including regular employees, casual employees, sessional employees, employees seconded from other organizations, and volunteers.
Faculty – Employees whose role is to provide educational services to students. Faculty may include regular and sessional employees, employees seconded from other organizations, volunteers, or contractors.
Intellectual Property – The result of intellectual or artistic activity that can be protected by rights such as patent, copyright, and trademark.
91 Community – All Institute Employees, Students, Board members, and any other person who is contractually obligated to comply with this policy.
91 Resources – Any materials, equipment, facilities, sites, services, or personnel that the 91 owns, rents, or employs, including funds received by the 91 in the form of grants, contracts or any other support provided by 91, affiliated agencies, partners, or external sponsors.
Research - An undertaking intended to extend knowledge through a disciplined inquiry and/or systematic investigation.
Student – A person the Registrar recognizes as being enrolled in a course or program of studies at the Institute.
Ownership of Intellectual Property
Ownership of IP is and will be vested with the Institute, or with the Creator(s), depending on the type of IP and the circumstances under which the IP was created.
1. Creator(s) will own IP that is:
a. Course Materials created by Faculty in support of their own classroom teaching activities unless subject to the terms of Section 2.a below.
b. IP that the Institute has agreed in writing to assign to the Creator(s).
c. Scholarly works, which include copyrightable works such as a paper in a peer-reviewed journal, an article in a trade journal, or a textbook intended for Students unless subject to the terms of Section 2.a below.
d. IP created by Employees outside their duties at the Institute.
e. IP resulting from Research funded by grants awarded to the Creator as an individual researcher.
f. IP created by an Employee while on leave unless a written agreement has been made in advance with the Creator(s) giving 91 the ownership rights to such works.
g. Research results, inventions or copyrightable material created by an Employee or Student without significant use of 91 Resources unless otherwise agreed upon in writing.
h. Assignments, projects, papers, and capstones produced by 91 Students during their studies unless such work is based on 91’s proprietary information.
i. All other circumstances not specifically covered under Section 2 below.
2. 91 will own IP that is:
a. The result of any work for which a member of the 91 Community was specifically hired to create for the Institute, that a member of the 91 Community agreed to create for the Institute in advance and in writing, or for which a member of the 91 Community was given time away from usual duties to create IP for the Institute.
b. The result of any work that an Employee created in the course of their employment unless subject to the terms of Section 1 above.
c. Except for circumstances described in Section 1 above, the result of any work that involves significant use of 91 Resources.
d. Created by 91 for independent contractors, or created for 91 by independent contractors, unless otherwise agreed upon in writing.
Ownership of Course Materials
To deliver its education and training, 91 uses Course Materials that it has either commissioned (i.e. developed by employees or independent contractors), purchased (i.e., acquired for a fee from another person or organization), licensed (i.e. acquired rights to use but not ownership rights) or received as a donation.
91 acknowledges that unless specifically commissioned or purchased by the Institute and/or developed as an assigned portion of the Faculty member’s workload, such Course Materials are owned by the Creator.
In keeping with the spirit of collegiality between Faculty and post-secondary institutions, Faculty are invited and encouraged to assign their IP rights to Course Materials they own to the Institute, with the understanding that such materials will be used by other Faculty in their program or department for mutual benefit. However, there is no obligation for Faculty to do so.
Ownership of Student-Created Intellectual Property
IP created by 91 Students as part of their normal course requirements belongs to the Student, and use of this IP by 91 requires permission from the Student. IP created by 91 Students because of their employment at 91 is handled as between 91 and Employees under this policy. IP created by 91 Students because of agreements with third parties that sponsor or support the Student in the development of the IP will be handled on a case-by-case basis with input from 91, the Student, and the third-party sponsor/supporter.
Indigenous Traditional Knowledge
Any Indigenous Traditional Knowledge shared by First Nations, Métis, and Inuit communities within the delivery of 91 courses will remain the IP of the respective community, unless specifically gifted to 91.
Licensed Use of Intellectual Property
Although 91 will make every effort to acquire ownership rights to IP in accordance with this policy, there may be circumstances in which a member of the 91 Community may negotiate ownership of IP. In such instances, 91 will make every effort to acquire a licence to use such IP for 91 purposes and the right to amend and update such IP.
Where the Employee owns IP created within Section 1.a of this Policy, 91 shall have a royalty free right to use and modify such IP in perpetuity for 91 purposes only.
Commercialization of Intellectual Property Resulting From Research
91 will, to the best of its abilities and its means, support the Commercialization of the products of innovative and inventive activity while respecting applicable laws and ethical principles. Commercialization and revenue sharing of Intellectual Property resulting from Research is handled in accordance with Procedure 3107-002 Commercialization and Revenue Sharing of Intellectual Property Resulting From Research.