Huron University College Intellectual Property Rights Policy 2025 Review.

 Huron University College Intellectual Property Rights Policy 2025 Review. 

Approved: Executive Board, November 25, 2010

Huron University College Intellectual Property Rights Policy 

Definitions

1.1

Intellectual property means any result of intellectual or artistic activity created by a 

faculty member that can be owned by a person. Intellectual property includes, but is not 

limited to: inventions, publications, computer software, works of visual art and music, 

industrial and artistic designs, plant cultivars, integrated circuit topography as well as all 

other creations that can be protected under patent, copyright, trademark or other 

statutory means.

1.2

Commercialization means any activity relating to the protection, use, sale, transfer, 

license, marketing, duplication, or other disposition of Intellectual Property for 

commercial purposes.

1.3

Employer, for the purposes of this policy, means Huron University College.

1.4

Faculty member, for the purposes of this policy, means a member of the Huron 

University College Faculty Association.

Intellectual Property

2.1

The Executive Board of Huron University College and the Huron University College 

Faculty Association recognize that the common good of society depends upon the 

unfettered search for knowledge in all fields of study and upon its free exposition. 

2.2

In order that the faculty member retains control over the direction, integrity and use of 

his or her scholarly work, as a general principle, ownership of all types of intellectual 

property shall rest with the faculty member who creates it. Such ownership is 

recognized as an integral part of academic freedom. 

Notwithstanding the above, Intellectual Property that is developed as a result of a 

contractual relationship other than Employee/Employer, shall be considered to be 

owned by those parties to the contract. (See Special Conditions of Ownership). 

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2.3

No Faculty member shall be obliged to engage in the commercial exploitation of his or 

her scholarly work, nor to provide commercial justification for it.

2.4

The Administration of Huron University College shall not enter into any agreement with 

a third party (including an agreement to administer funds) that alters or abridges, or has 

the effect of altering or abridging, the intellectual property rights of a Faculty member 

under this agreement.

2.5

In the event that the Canadian Copyright Act or Patent Act or other similar intellectual 

property legislation is amended to the extent that this policy requires revision, the 

parties shall re-open this policy. 

Special Conditions of Ownership

3.1 It is recognized that the Faculty Member may create Intellectual Property in 

collaboration with other Faculty members, or in collaboration with other non-faculty 

employees of the Huron University College community or with individuals not 

associated with the Employer.

3.1.1

Where a Faculty member undertakes Research where it is envisaged that the creation of 

Intellectual Property might occur, and does so in collaboration with other non-faculty 

employees of the University community, the Faculty member shall, at the outset of the 

Research, establish in writing, and with the agreement of the collaborator(s) and the 

Employer, how the ownership of any Intellectual Property, and any Net Income 

generated therefrom, would be shared between them, taking into consideration each 

party's obligations to the Employer and/or others.

3.1.2. Where a Faculty member undertakes Research that leads to the creation of 

Intellectual Property that was not envisaged, and does so in collaboration with other 

non-faculty employees of the University community, the Faculty member shall establish, 

in writing and with the agreement of the collaborator(s) and the Employer, how the 

ownership of the Intellectual Property, and any Net Income generated therefrom, will 

be shared between them, taking into consideration each party's obligations to the 

Employer and/or others.

3.1.3. In the event that the ownership rights of intellectual property become a matter of 

dispute, the matter shall first be attempted to be resolved internally between the 

parties. Where there is no resolution the matter may be submitted to mediation before 

an individual experienced in such matters and mutually agreed upon by the Employer 

and the Faculty Association and other parties with a vested interest.

3.2

Where the Faculty member has assigned his or her ownership rights in the Intellectual 

property to Huron University College, the Intellectual property is then owned by Huron 

University College.

3.3

Where the Intellectual Property is developed in the course of research sponsored by a 

third party pursuant to a written agreement between the third party and Huron 

University College on behalf of the Faculty member, ownership and publishing rights are 

determined by specific terms of the agreement.

Right to Publish

4.1

The University is an open environment for the pursuit of scholarly work. Academic 

freedom and critical inquiry depend on the communication of the findings and results of 

intellectual investigation. The Administration of Huron University College shall not 

interfere with a Faculty member's freedom to publish the results of scholarly inquiry and 

research, except for limitations imposed by duly constituted research ethics boards.

The Administration of Huron University College shall refuse to enter into or administer 

any research agreement or grant that allows the funders or other third party to infringe 

on Faculty members' freedom to publish the results of research, except in extraordinary 

circumstances where, to protect by statute intellectual property, a maximum 

publication delay of two months from the conclusion of a research project may be 

accepted.

Obligation to Disclose Risks and Threats

5.1

Faculty members shall have an absolute right publically to disclose information about 

risks and threats (known or suspected) to research participants or to the general public 

or threats to the public interest that become known in the course of their research.

Copyright

6.1

Copyright applies to all original literary, dramatic, artistic and musical works as well as 

sound and video recordings, performer's performances and communication signals.

6.2

Works include but are not limited to: books, texts, articles, monographs, glossaries, 

bibliographies, cartographic materials, modular posters, study guides, laboratory 

manuals, correspondence course packages, interactive textbooks, course work delivered 

on the Internet, multimedia instructional packages, syllabi, tests and work paper 

lectures, musical and/or dramatic compositions, choreographic works, performers' 

performances, unpublished scripts, films, filmstrips, charts, transparencies, other visual 

aids, video and audio tapes and cassettes, computer programs, live video and audio 

broadcasts, programmed instructional materials, drawings, paintings, sculptures, 

photographs, and other works of art.

6.3

All copyright belongs to the Faculty member or members who create the work even if it 

is produced during the course of employment and with the use of the College’s facilities 

and resources, except in those cases where there is a written contract to the contrary 

which assigns the copyright in another form.

6.4

The Huron University College Faculty Association shall be a party to all negotiations in 

the cases in which there is a written contract assigning the copyright of the work 

created by a Faculty member to the College.

6.5

No contract or written agreement between the Administration of Huron University 

College and a Faculty member shall contain a clause waiving moral rights1

.

6.6

In the event that an original work is the creation of more than one Faculty member, the 

provisions of this policy apply on a pro rata basis to all the creators of the work.

6.7

In the event that the Administration or assignee relinquishes the rights in any work, all 

intellectual property rights shall revert back to the first owner. In the event that the first 

owner is deceased, the rights shall revert to the estate of the first owner.

Patents

7.1

The discovery of patentable inventions is not a basic purpose of university research, nor 

is it a condition for support of such research. The Administration of Huron University 

College agrees that the Faculty member shall have no obligation to seek patent 

protection for the results of scientific or other work or to modify research to enhance 

patentability. The Administration of Huron University College further agrees that the 

faculty member has the unqualified right to publish his or her inventions. 

7.2

Faculty members are the owners of the intellectual property rights in any invention, 

improvement, design or development that they create in the course of their 

employment even if it was produced with the College's facilities and resources, except in 

those cases where there is a written contract to the contrary which assigns the property 

in another form.

7.3

The Huron University College Faculty Association shall be a party to all negotiations in 

the cases in which there is a written contract assigning the property or work created by 

a faculty member to the College.

7.4

In the event that an invention, improvement, design or development is the creation of 

more than one Faculty member, the provisions of this policy apply on a pro rata basis to 

all the Faculty members who are creators of the work.

7.5

In the event that the Administration of Huron University College or assignee relinquishes 

the rights in any work, all intellectual property rights shall revert back to the first owner. 

In the event that the first owner is deceased, the rights shall revert to the estate of the 

first owner.

7.6

The Administration of Huron University College has no claim to the revenue arising from 

any invention, improvement, design or development made by Faculty members without 

the use of the College's time, resources, or facilities.

7.7

Should the Administration of Huron University College have a valid claim on the revenue 

arising from any invention, improvement, design or development because of the use of 

the College's time, resources or facilities by the Faculty member, the Faculty member 

and the Administration shall share in the net revenues arising from a discovery on a fair 

and reasonable basis. "Net revenues" means the revenues after deduction of all costs 

incurred by the Faculty member and/or the College for patent searches, for obtaining 

patent protection, for maintaining such protection in Canada and other countries and 

for commercializing the discovery.

1 Moral rights include the rights of a creator to be identified with a work, to maintain the 

integrity of a work and their honor and reputation with respect to the work.