Intellectual Property

Policy Number: 
3107
Policy Responsibility: 
Vice-President, Academic
Approved: 
Board of Governors
Effective: 
April 27, 2000
Last Amended: 
March 26, 2015
Review: 
March 26, 2017

Context / Purpose: 

The purpose of this Intellectual Property Policy (the “Policy”) is to foster a vibrant educational and research culture at JIBC that encourages Institute employees, students and contractors to create intellectual property.  The Policy also defines the ownership, use and control of intellectual property created by the members of the JIBC community.

Common law gives employers the right to own intellectual property created by employees. The same power is enshrined in legislation that governs postsecondary educational institutions. JIBC, in common with other post secondary institutions, recognizes that this power should be tempered by providing incentives that will encourage creative people to bring their new ideas forward.

Policy Statement: 

Ownership
JIBC owns Intellectual Property created by employees as part of their assigned duties or that involves the use of JIBC funds, facilities or information owned or administered by JIBC.  JIBC also owns Intellectual Property arising in instances where employees are given release time from usual duties, or are paid, in addition to their regular rate of pay, or have been hired or agree to create and produce a copyrightable works for JIBC. 

JIBC owns all IP created by and for contractors unless otherwise agreed upon in writing.

If required by JIBC, employees and contractors will sign any applications or other documents JIBC may reasonably request: (i) to obtain or maintain patent, copyright, industrial design, trade mark or other similar protection for the Intellectual Property, (ii) to transfer ownership of the Intellectual Property to JIBC, and (iii) to assist JIBC in any proceedings necessary to protect and preserve the Intellectual Property. JIBC will pay for all expenses associated with preparing and filing such documents.

Wherever possible, agreements with employees and contractors that might engender the creation of Intellectual Property owned by JIBC will require the waiver of moral rights.

License
Employee(s) shall have the right to use for their personal, non-commercial use in perpetuity, and free of charge, Intellectual Property that they author, invent, or otherwise create that is owned by JIBC pursuant to this Policy.   Employees may amend and update the copyrighted material forming part of the Intellectual Property with the prior written approval of JIBC. Such approval will not be unreasonably withheld.

Exceptions
Employees own Intellectual Property created outside their assigned duties at JIBC that do not involve the use of JIBC funds, facilities or information owned or administered by JIBC. Such Intellectual Property may include copyrightable material created in support of their own classroom teaching activities, and scholarly works, (e.g. copyrightable works such as papers in journals or textbooks and IP resulting from research funded by grants awarded to the employee as an individual researcher).

Where the employee owns Intellectual Property created within the scope of this Policy, JIBC shall have a royalty free right to use such Intellectual Property in perpetuity for JIBC purposes only. JIBC may amend and update such Intellectual Property with the prior written approval of the employee who owns it. 

Such approval will not be unreasonably withheld.

Intellectual Property created by JIBC students as part of their normal course requirements belongs to the student. Use of this Intellectual Property by JIBC requires permission from the student.

Intellectual Property created by JIBC students as a result of any employment or other obligations between the student and JIBC, or agreements with third parties that sponsor or support the student in the development of the Intellectual Property is not owned by the JIBC student unless otherwise specified. JIBC shall have a right to use this Intellectual Property developed by JIBC students in perpetuity for institutional, commercially non-competitive purposes and may retain prototypes or other original works developed by students using JIBC funds, facilities or information owned or administered by JIBC.

Any Indigenous Traditional Knowledge shared by First Nations, Metis, and Inuit communities within the delivery of JIBC courses shall remain the intellectual property of the respective community, unless specifically gifted to JIBC.

Scope: 

This Policy applies to all JIBC employees, students and contractors who create Intellectual Property in all media and formats while involved in teaching, learning, research and administrative activities at JIBC or under contract with JIBC.

Definitions: 

Copyright

Literally, copyright means the “right to copy.” The Canadian Copyright Act grants copyright owners the sole and exclusive right to reproduce, perform, or publish a work. These rights give copyright holders control over the use of their creations, and an ability to benefit, monetarily and otherwise, from the exploitation of their works.*

 

Employees

For the purpose of this Policy, “employees” are defined as faculty (including sessional and seconded personnel) and staff.

 

Intellectual Property

The result of intellectual or artistic activity created by a JIBC employee, contractor, student or associated party in a scholarly or professional capacity that can be owned by a person, including, without limitation, works, inventions, publications (including scholarly publications), educational materials, instructional strategies and curriculum/instructional materials,  software, and industrial and artistic designs, ideas, discoveries, inventions, formulae, techniques, processes, know how, trade secrets and other intellectual property, and including all expressions of such intellectual property in tangible form.

 

Moral Rights

Moral rights protect the personality or reputation of an author. Because these rights attach to the personality of an author, an author retains them even after he or she has assigned the copyright in a work … Notwithstanding that moral rights cannot be assigned, authors can agree not to exercise their moral rights by means of a waiver.*

 

Works

Published and unpublished creative works such as:

      i.    Literary works including manuscripts, tables, and computer programs;
     ii.    Dramatic works including recitation, choreography, mime, play, cinematography with dramatic elements;
    iii.    Musical works including a musical composition; and
    iv.    Artistic works including paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship and architectural works.

*Harris, L. E. (2013). Canadian Copyright Law.  Hoboken, NJ: Wiley

Last updated August 9, 2015