XIV. General Information

Policy on Intellectual Property

Section 1: Definitions

• 1.1 “Commercialization” means the patenting, marketing, manufacturing, sale, distribution, licensing, sublicensing, transferring, granting of rights of use or leasing of Intellectual Property or products or services covered by, claimed by, or incorporating Intellectual Property.

• 1.2 “Contract” means a written agreement between the University and a Personnel and/or a third party. Contract shall also mean the terms or conditions under which funding is provided to the University to support the Personnel’s University Activities.

• 1.3 “Copyright” means the rights granted under the Copyright Act, RSC 1985, c-42, as amended from time to time.

• 1.4 “Creator” means the person or persons who creates, conceives, designs, discovers, develops, invents or authors Intellectual Property.

• 1.5 “Intellectual Property” means any result of intellectual or artistic activity and includes, but is not limited to Works, Tangible Research Property, software, databases and database layouts, Inventions, industrial or artistic designs, trade-marks, trade names, domain names, integrated circuit topographies, know-how and trade secrets, whether or not registerable or registered or protected under the law.

• 1.6 “Invention” means the rights associated with any patentable or potentially patentable idea, discovery or know-how and any associated or supporting technology that is required for development or application of the idea, discovery or know-how.

• 1.7 “Moral Rights” means the Canadian statutory rights of an author of a work in which Copyright subsists to be associated with the work and to prevent the distortion, mutilation or modification of the work to the prejudice of the honour and reputation of the author.

• 1.8 “Net Revenue” equal those gross receipts that the University is entitled to retain from Commercialization activity, less: (i) the University’s out-of-pocket costs and fees associated with securing, maintaining and enforcing intellectual property protection such as patenting and litigation expenses, (ii) out-of-pocket costs incurred by the University in the licensing of the intellectual property and (iii) any out-of-pocket expenses in making, shipping or otherwise distributing Tangible Research Property.

• 1.9 “Personnel” means one or more individuals carrying on the University Activities, paid or unpaid and who is/are not a Member as defined in the Collective Agreement between the University of Guelph and the University of Guelph Faculty Association. Personnel include but are not limited to, Professor Emereti, staff, students, sessional lecturers, post-doctoral fellows, volunteers and adjunct faculty. In the absence of a Contract governing new Intellectual Property created during their visit, visiting scientists and visiting students are considered Personnel for the purpose of this Policy.

• 1.10 “Principal Investigator” means the Personnel who is identified as principally responsible for the performance and supervision of research associated with a Contract.

• 1.11 “Tangible Research Property” means plant germplasm, cell lines, organisms, proteins, plasmids, DNA/RNA, chemical compounds, transgenic animals and other materials useful for research or for commercial purposes for which patent applications are not filed or, if filed, do not issue.

• 1.12 “University Activities” means activities which are carried on by Personnel in the course of their employment or association with the University, or using University funds, facilities, equipment or other resources.

• 1.13 “Work” means original literary, dramatic, musical and artistic work and includes every original production in the literary, scientific or artistic domain, whatever maybe the mode or form of its expression such as websites, 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, including distance education, multimedia instructional packages, syllabi, tests and work papers, 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.