Implementing NSERC’s IP Policy

June 30th, 2010CAURA WebinarStéphanie Michaud

General Goals of NSERC IP Policy

• Support the transfer and exploitation of university research results for the benefit of Canada

• Retain the right to use the research results internally at the university for further research and training

• Ensure that the research can be published

NSERC’s IP Policy

• Applies to all programs unless otherwise stated in literature

• Strongly encourage participants to begin discussing IP issues as soon as possible but agreement not required for peer review

• Most RPP programs (CRD, IRC, Networks) – will not release funds until staff have

reviewed a signed copy to ensure that it conforms to our policy

• 6 month deadline – if not met, offer withdrawn

Policy Recently Revised (Dec 1, 2009 Implementation)

• Key Change: Increased flexibility regarding access

• No Change:– NSERC claims no right to

ownership– NSERC grantees who decide to

commercialize must disclose their IP to their institutions

Flexible Access

•Open dissemination•Non-exclusive licensing•Exclusive licensing•Joint ownership

•Partial assignment of ownership•Full assignment of ownership

NSERC’s IP Policy – Guiding Principles reflected by

Mandatory Elements

1. Encourage the utilization of research results for the benefit of Canadians

2. Recognize contributions of each partner and need for all participants to benefit from partnership and to have their assets protected

3. Support the publication of research results in the open literature

4. Ensure that a student’s graduation is not impeded by IP issues

5. Support a researcher’s right to use his/her research results for non-commercial purposes in future research and in teaching

NSERC Review of Research Agreements – Mandatory Elements

What are we looking for?

• Guiding Principle:– Encourage the

utilization of research results for the benefit of Canadians

• Mandatory Element– Industrial expansion

or economic activity– RPP evaluation

criteria– Dilligent

exploitation of research results (no shelving of IP)

NSERC Review of Research Agreements – Mandatory Elements

What are we looking for?

• Guiding Principle:– Recognize

contributions of each partner and need for all participants to benefit from partnership and to have their assets protected

• Mandatory Element– Protect IP assets

of all partners and prevent unauthorized disclosure• Background IP• Review of

Publications

NSERC Review of Research Agreements – Mandatory Elements

What are we looking for?

• Guiding Principle:– Ensure that a

student’s graduation is not impeded by IP issues

• Mandatory Element– No delay of

student thesis defence

NSERC Review of Research Agreements – Mandatory Elements

What are we looking for?

• Guiding Principle:– Encourage the

utilization of research results for the benefit of Canadians

• Mandatory Element– Maximum

publication delay of 6 months

NSERC Review of Research Agreements – Mandatory Elements

What are we looking for?

• Guiding Principle:– Support a

researcher’s right to use his/her research results for non-commercial purposes in future research and in teaching

• Mandatory Element– Institution

retains the right to use results for non-commercial purposes

Guidelines for Development of IP Agreements and Standard Clauses

•Expect to be posted in on NSERC’s website July 2010•Stand alone sections for researchers, students and companies •Speaks to the different cultures and priorities•Outlines factors to consider in discussions•Aimed at those universities and companies with little experience in u-i collaboration•Includes sample clauses

Any Questions?

Stéphanie Michaud, PhDstephanie.michaud@nserc-crsng.gc.ca613-996-2145

Senior Manager, Strategic Planning, RPP, NSERC