Glossary of Terms
Assignment of Intellectual Property Rights
Assignment means to transfer all or part of one's property, interest or rights to another party. Payment may be received up-front or at some later date.
The University does not normally assign intellectual property rights to third parties; however, it is not restricted from doing so. Intellectual property rights to inventions are normally assigned to the University; however, the rights to literary works vest in the creator and remain with the creator. Intellectual property rights are occasionally assigned to creators of intellectual property and under certain unusual circumstances, to companies.
Background Intellectual Property
Background intellectual property is intellectual property that was created prior to a specific date and is normally relevant to the contract or agreement being entered into. Background intellectual property is normally owned by the person or entity that creates it.
The University or a sponsor may require that all relevant background intellectual property be listed in an appendix or schedule before the agreement or contract is signed.
Confidential Information
Confidential information is information that is disclosed from one party to another and is not intended for disclosure to any another party. It may include trade secrets, know-how, show-how, concepts, discoveries, inventions, research or technical data and other proprietary information or material (biological or otherwise).
The results of all research conducted at the University must be fully publishable at the discretion of the principal investigator, however, if under the terms of a formal contract a sponsor agrees to provide data essential to the research that is clearly labeled "Confidential Data", the University will accept such a contract and observe such confidentiality provided that the results of the research may be published without identifiable reference to the confidential data and that no limitations are placed on the publication of results other than those outlined in the contract.
Conflict of Commitment
A conflict of commitment is a situation where the external professional activities of a member are so substantial or demanding of the member's time and attention as to interfere or adversely affect the discharge of the member's responsibilities to the University, or where the non-University activities of a member involve the use of University resources.
University researchers must disclose conflicts of commitment and, where appropriate, obtain written approval prior to engaging in any activity that may give rise to a conflict of commitment.
Conflict of Interest
Conflict of interest means a situation where a member is in a position to influence, either directly or indirectly, University business, research, or other decisions in ways that could advance the member's own interests or the interests of a related party, to the detriment of the University's interests, integrity or fundamental mission. In the research context, conflict of interest includes a situation where financial or other personal considerations may compromise, or have the appearance of compromising, an investigator's professional judgment in conducting or reporting research. Conflicts of interest may be potential, actual or apparent.
Conflicts of interest can arise naturally from a member's engagement inside and outside the University, and the mere existence of a conflict of interest does not necessarily imply wrongdoing on anyone's part. However, conflicts of interest must be recognized, disclosed, assessed and managed.
Copyright
The exclusive right of the creator, or subsequent copyright holder, to copy, produce, reproduce perform or publish a work. Copyright exists as soon as an artistic, literary or musical work or software is created; it arises automatically when an original work is created, and does not need to be granted by any authority. This differs from patents, for example, which must be applied for and issued by federal governments.
Foreground Intellectual Property
Foreground intellectual property is new intellectual property that is created after a specific date of a contract or agreement.
Freedom to Operate
Freedom to operate refers to the ability to commercially produce, market or use a product, process or service without infringing the intellectual property rights of others.
The University does not guarantee the freedom to operate for results or any intellectual property that arises out of any research conducted at the University.
Indemnification
Indemnification refers to protection from harm or cost. An indemnifying party guarantees to pay or take care of any debt, lawsuit or claim that may arise as a result of a contract or contract performance on behalf of the indemnified party.
In most research agreements, the University will require indemnification from the industry sponsor for claims arising from the sponsor's use of the University's results or data. This is of particular importance in industry sponsored research agreements involving human subjects. Although the University has insurance which covers many of its activities, it is not insured in all areas for which the data or results may be used. Sponsors normally have insurance which covers their use of the University's data or results.
The University will indemnify only certain third parties and only under special circumstances.
Indirect Costs
Indirect costs (or overhead) are those costs that cannot be identified readily and specifically, but are nonetheless associated with a particular activity. For example, indirect costs of conducting research include heat, power, administration, library and computing facilities.
Intellectual Property
Intellectual property is any form of knowledge or expression created with one's intellect. It includes inventions, scientific or scholarly discoveries, computer software, trademarks, literary, artistic, musical or visual works, and even simple know-how.
Intellectual Property rights that result from research conducted at the University are commercialized through The University-Industry Liaison Office, except for copyright of literary works such as papers, abstracts, research notes, etc.
Intellectual Property Rights Ownership
Intellectual Property rights vest with the creator(s) of that intellectual property. Those rights may be transferred to another party under contract.
If any member of faculty or staff, any student, or anyone connected with the University proposes to protect, license or otherwise commercialize an invention or discovery in which University facilities or funds administered by the University were used, a disclosure of the invention or discovery must be made to the University and the rights assigned to the University. The University may decide to protect or license the discovery or invention, in return for a share of any proceeds arising. If the University decides not to protect or license, the rights may be reassigned to the inventor, who may then develop commercial applications of the invention or discovery as they see fit. Where it is anticipated that inventions or discoveries may ensue from a particular research enterprise, it may be necessary to undertake special agreements concerning patent or licensing rights before the research funds are accepted for administration by the University.
Ownership of and intellectual property rights to books, lecture notes, laboratory manuals, artifacts, visual arts and music produced by those connected with the University are vested in the individuals involved. This is to allow faculty members to continue using such works should they move from UBC to another university.
Invention or Discovery
At the University, "invention or discovery" includes databases, audio and video tapes, films, slides and photographs, computer programs and computer-stored information or equivalent circuitry, biotechnology and genetic engineering products and all other products of research which may be licensable. Inventions do not include traditional scholarly works such as books, lecture notes, laboratory manuals, artfacts, visual art and music.
Inventions and discoveries at the University are commercialized through the University-Industry Liaison Office.
Know-how
Know-how is normally unwritten information that is needed to achieve a significant development, production, or use.
A researcher's know-how can often have considerable value. While it is mandatory in filing a patent application to disclose sufficient information to enable others to reduce the invention to practice, the researcher will often also possess valuable confidential know-how and experience to permit commercial optimization of a process or product. Know-how can be licensed independently and a know-how license need not be restricted to the term of the related patent.
Matching Funds Programs
Numerous government provincial and federal programs exist that contribute a certain amount of research funds to the University for every dollar contributed by an industry sponsor. The largest sources of these funds are administered federally by the Natural Sciences and Engineering Research Council of Canada, and the Canadian Institutes of Health Research.
In the case of University research, the University researcher is always the applicant and the recipient of the matching (government) funds. These funds are administered by the Office of Research Services. The University-Industry Liaison Office normally drafts the contracts with sponsors for their contribution. All funds received by industry sponsors and government are administered by the University.
Patent
A patent is right granted by a national government, upon application and in exchange for a complete disclosure of an invention. The disclosure is initially a confidential disclosure to the patent office, which later becomes a non-confidential disclosure to the public at large. A patent gives the applicant the right to prevent others from making, using, or selling the claimed invention for a limited period of time. Subject to the payment of the prescribed annual fees, patents generally have a life of 20 years depending on the jurisdiction. In order to be patentable, an invention must be novel, useful and not obvious to a person skilled in the field of the invention.
Publication
Publication is disclosure that gives the public or third parties knowledge or details of an invention. Publication may be made by way of speech, written materials, tape, video recording or other electronic means, drawing, photograph, printed work, or any other disclosure given or distributed. Publication does not include disclosures made on a confidential basis. Depositing a thesis in a library constitutes publication and may prejudice the ability to obtain a patent unless appropriate measures are taken to limit access the thesis during the critical patent application period. At the University, a public thesis defence is considered public disclosure and may also prejudice the ability to obtain a patent.
Results of research undertaken at the University are ultimately publishable at the discretion of the principal investigator. Some situations, however, may require either confidential treatment of information or a delay in publication; however, publication cannot be withheld unilaterally. Where a research team is involved and consensus about the timing of publication cannot be achieved, the matter will be referred to the Executive Committee on Research for advice to the President, whose decision is final.
A sponsor may be given the right under the terms of the formal contractual agreement to publish research results or to approve such publication in advance. In any case, the University shall be completely free to publish after a maximum of 12 months from termination of the project or submission of the final report, whichever is later, unless an exception for a brief extension is granted by the Vice-President, Research.
No restriction shall prohibit or delay in any way the use of research results by graduate students for theses or other academic purposes.
Delays in publication at the request of sponsor are permissible only if the public interest is best served by such a policy or if patent property protection is being sought.
Secret Research
University facilities may not be used for secret or classified research. Results of research undertaken at the University are ultimately publishable at the discretion of the principal investigator.
Scholarly Integrity
At the University, the following policy applies as it relates to Scholarly Integrity:
1. Researchers are personally responsible for the intellectual and ethical quality of their work and must ensure that their scholarly activity (which includes teaching, research, scholarship or artistic/creative activity carried out in the course of a faculty, staff or student's work or studies at the University and includes activities that would be appropriate for inclusion on a curriculum vitae or in an annual report to a Department Head) meets University standards.
2. Researchers involved in scholarly activity must not commit scholarly misconduct.
3. The University will investigate allegations of scholarly misconduct in a timely, impartial and accountable manner and take appropriate action, including any necessary steps to preserve evidence, when it becomes aware of allegations of scholarly misconduct.