NRC’s Intellectual Property (IP) policy

Policy Statement

First and foremost, NRC is responsible for managing its IP to drive socio economic benefits for Canada. NRC will strive to extract maximum value from the IP that it develops and co-develops, and to ensure that the chosen IP protection and commercialization strategies support the current and future needs of Canada and of NRC.

Purpose

The purpose of this document is to provide a clear explanation of major features of NRC’s Intellectual Property (IP) policy for organizations or individuals interested in working with NRC as well as for NRC employees. The NRC IP policy applies to all IP NRC generates and acquires and to all people who work for NRC. The goals of the IP policy are to:

• Provide a framework for disclosing and managing specific pieces of intellectual property;
• Provide a framework for the protection and management of the NRC’s full portfolio;
• Assure NRC clients that their intellectual property will be kept confidential and protected; and
• Ensure NRC staff members understand their obligations and responsibilities with respect to IP protection and use.

Principles

The IP policy of the NRC reflects a number of principles that are consistent with its core functions and mandates. These principles are:

1. The NRC Intellectual Property Portfolio is a corporate asset.
2. Responsiveness: NRC will be responsive in meeting the current and future needs of Canadians and Canadian industry. NRC will develop, protect, manage and support the commercialization of technologies to maximize user benefits in accordance with the strategic interests of Canada, NRC, and our clients.
3. Accessibility: NRC desires to work in cooperation with other organizations to efficiently provide benefits to Canada.
4. Transparency: NRC wants to develop and communicate IP management approaches and policies which are transparent, straightforward, and clearly defined for People who work for NRC, our clients and collaborators. NRC will also ensure that appropriate training is provided to its employees to allow them to carry out their roles.
5. Timeliness: NRC will support the timely transfer of technology created at NRC for its use and the use of its stakeholders. As such NRC will put in place practices ensuring that all NRC employees disclose and assign IP rights in a timely manner allowing for a timely evaluation and appropriate strategic management of the IP.
6. Respect: NRC will, to the best of its capability, respect Intellectual Property Rights, its own and that of others. NRC will ensure that its employees understand their obligations and responsibilities with respect to IP protection and use.
7. Fairness: NRC will ensure that its internal and external stakeholders are treated fairly and consistently; respecting rules, regulations and practices associated with the management and exploitation of Intellectual Property Rights.

Authority

The President of NRC in implementing the objectives of the IP policy holds his authority under the National Research Council Act and through the transfer to NRC by the Minister of Industry under the Public Servants Invention Act (PSIA) of administration and control of NRC inventions and patents. Disposition or assignment of IP rights, such as copyright, over which the President has no authority, requires an Order in Council under the Financial Administration Act (FAA).

Management

The Business Management Support team under the direction of the VP Engineering and Business Management is responsible for ensuring effective management of the IP portfolio in accordance with NRC policies and guidelines. The IP portfolio will be managed as a corporate asset for the benefit of NRC.

Ownership

For IP, including inventions and know-how, whether patentable or not, created by People who work for NRC including inventions made by NRC employees while acting within the scope of their duties or employment or made with facilities, equipment or financial aid provided by or on behalf of the NRC will vest with the Crown. NRC has full authority to license, sell or otherwise deal with such inventions and know-how.

The ownership, use rights and positions for background and arising IP for NRC and its clients will be identified and properly protected in all NRC contracts.

Disclosure

NRC employees are obliged to disclose all IP deriving from their work, and are obliged to maintain an appropriate written research log. Specifically, NRC employees are obliged to file an invention disclosure statement using the Public Servants Inventions Act "Form 1" document in a timely fashion for any invention arising from their work, including the creation of software, and to execute all requested documents relating to assignment and protection of IP rights in any of his or her work for which ownership vests in the Crown.

Employees of NRC must obtain advance approval for disclosing any IP outside of NRC.

NRC is entitled to require that all Disclosure of the work and results thereof, performed by students as People who work for the NRC when engaged in research within NRC facilities or under supervision of an NRC employee, be delayed up to a maximum of (6) six months from the filing of a written invention disclosure ("Form 1") naming the student as an inventor. This delay will be used to permit NRC to assess the work and to seek protection as it may, in its sole discretion, deem appropriate.

Protection

NRC maintains an IP portfolio of technologies (owned, co-owned and licensed in) that protects NRC’s freedom to operate and secures competitive advantages for future users of the technology.

All arising IP will be promptly disclosed and assessed. The assessment process shall take into consideration various factors such as its relevance to NRC, NRC’s clients, benefit to Canada and commercialization potential. Resulting IP protection strategy will be determined, documented, and implemented.

The portfolio of existing IP rights will be re-assessed on a yearly basis to determine its continued relevance to NRC and to NRC clients.

IP protection tools used by NRC will include patent, copyright, Trade-Mark, Official Marks, Plant Breeders Rights, Industrial Designs and Integrated Circuit Topographies. NRC will also use Trade-Secrets when appropriate.

Exploitation of our IP

IP is a key element to facilitate successful technology commercialization and transfer. The IP will be central to all program design, and NRC will strive to use the appropriate tool to exploit that IP to maximize the benefit for Canada.

NRC will engage with its clients and stakeholders through various types of agreements such as, but not limited to, service agreements, consortium agreements, collaborative research agreements, and license agreements.

In certain circumstances, when it is in its best interest, NRC may agree to transfer or sell its patent rights to a third party. Such arrangements require prior approval from the President of NRC.

Enforcement

NRC will vigilantly enforce its statutory and non-statutory IP rights. While reasonable efforts will be made to resolve issues through discussions and other means such as mediation or binding arbitration, litigation may be employed.