BFN Intellectual Property Ownership Policy
BFN’s Network Agreement with member universities clearly specifies the ownership criteria of intellectual property.
Notwithstanding individual Network Member policies, ownership and treatment of network-sponsored intellectual property [NSIP] shall be determined by applicable Canadian law and to the extent not inconsistent with this Agreement or Canadian law, the policies of the Network and relevant Network Member(s).
- NSIP developed by a single Network Member will be solely vest with that Network Member as a Sole Owner.
- NSIP jointly developed by two or more Network Members will be jointly vested in those Network Members as Joint Owners.
- The Parties agree that the authority and responsibility for making decisions with regard to legal protection and commercialization of NSIP shall rest with the Sole Owner or Joint Owners of the NSIP. Partners are provided with the opportunity to gain exclusive or non-exclusive access to the arising intellectual property through an option to license.
If industry with its own pre-existing intellectual property (IP) enters into a research relationship with a network investigator, the IP remains with its creator, industry.
All other IP situations need careful and patient negotiations with the member university, the investigator and the industry partner.