Intellectual Property simply defined is any form of knowledge or expression created with one's intellect. It includes such things as inventions, computer software, trademarks, literary, artistic musical or visual works and even "knowhow."
Who Owns IP at UBC?
The initial ownership of Intellectual Property at UBC resides with the creator of that Intellectual Property.
Under UBC Policy 88, IP rights shift when a member of the faculty or a student, post-doctoral fellow, technician, or any other individual connected with the University proposes to protect (through patent or trademark) or commercialize intellectual property that has been developed using University facilities or University administered funds.
Under Policy 88, in cases where it is advantageous to protect or license an invention or discovery, an Invention Disclosure Questionnaire and Assignment Form must be completed and filed with UILO. This form describes the invention or discovery and assigns the intellectual property rights to the University.
In return, the creators of the intellectual property are assigned a share of any proceeds arising from commercialization, and UBC assumes the costs of commercializing the discovery. Under UBC Policy 88, The University of British Columbia manages intellectual property arising from the research activities conducted at UBC or its affiliated research organizations. All new inventions which a researcher wishes to commercialize should be disclosed to the UILO who will manage the IP on behalf of UBC.
If the inventors merely wish to communicate or publish the results of the research but have no desire to commercialize resulting intellectual property (and they are not required by the terms of a sponsored research agreement to commercialize the invention) there is no shift in ownership to UBC. The rights remain with the inventors and they are not required to disclose the invention to the University.
Other Considerations with IP Ownership
When the research that led to the invention was funded by a sponsor, rights to the resulting intellectual property (such as inventions) as well as the rights to commercialization proceeds are subject to the terms the sponsored research agreement. Sponsored research agreements often assign to the sponsor some or all of the rights in intellectual property resulting from the research. For instance, the sponsor may have the exclusive right to license the invention for non-educational purposes and / or the right to receive a certain proportion of the commercialization proceeds. It is therefore important for members of a research team to be aware of any obligations imposed by the terms of sponsored research agreements.
Intellectual Property in student educational projects vests in the students involved unless subject to third-party rights.
IP Developed at Another Institution
When faculty collaborate with another educational institution or come to UBC with IP developed at their former institution, the UILO can establish an Inter-Institutional Agreement to manage the IP moving forward. More on transferring to UBC from another academic institution.
