Ownership of intellectual property developed at the University of Ottawa is governed by Policy 29 - "Patents" and by Article 35 of the Collective Agreement between the University and the Association of Professors of the University of Ottawa. The key provisions are described below:
Inventions
The University of Ottawa holds the rights to all inventions, whether or not covered by a patent application or patent, made by its faculty, students or staff using University of Ottawa facilities or under financial support provided by the University of Ottawa or by third party funding administered through the University of Ottawa. The University of Ottawa has no claim on inventions made without the use of the University of Ottawa's facilities, support personnel or services and on an individual's own time.
Copyrights
Works prepared within the scope of employment, also called "works for hire", generally belong to the employer. The general rule at the University of Ottawa is that the University owns all copyrights to work created by University of Ottawa employees in the scope of their employment. However, in keeping with academic tradition and the collective agreement between the University of Ottawa and the Association of Professors of the University of Ottawa, the University generally grants ownership of copyrights of original works resulting from faculty members' or students' own efforts to the creator(s).
Software
Although software is generally covered by copyrights and treated as belonging to the authors, the nature of the development process for software raises a number of complex issues in dealing with its ownership and disposition. It is often difficult to attribute ownership of software because its development may involve contributions from more than one party and because different kinds of proprietary rights may exist in the final product. For example, development of the algorithm on which the software is based and the actual writing of the code both represent valid contributions to the end product but may have been performed by different people. In cases where software does not belong to the University, the authors and other contributors must determine ownership amongst themselves.
If software developed using University resources is commercially exploited, the University may be entitled to recover a portion of the costs incurred in the development of the software. Such matters are negotiated between the author(s) and the Office of Research Management Services. More details on licensing agreements related to research software can be found in the Research Contracts and Agreements page.
Intellectual Property Obligations to External Research Sponsors
Of particular interest is intellectual property developed by University of Ottawa faculty members, students and staff under research funding provided by external sponsors such as granting agencies or under contracts with government agencies or private sector organizations. Most research conducted at the University is funded through such mechanisms, some of which may require that intellectual property be owned by the research sponsor or owned by the University of Ottawa with certain licenses granted to the research sponsor. In such cases, ownership of all works produced by faculty and students (including progress, final and technical reports and software, etc.) under externally sponsored research agreements vests with the University or the research sponsor, to the extent required to meet the University's and the individuals' obligations to the external research sponsor.
Laboratory and Office Space
Allocation of laboratory and office space is the responsibility of the Dean of each Faculty. Researchers must ensure that they have the facilities needed to conduct a project before applying for research funding for that project. Researchers must explicitly inform their Deans of any additional requirements, and obtain the Dean's approval, before applying for projects needing additional laboratory and/or office space.
Ownership of Equipment
Unless there are contractual obligations or granting agency regulations are to the contrary, equipment, including computers, purchased with research funds administered by the University of Ottawa belongs to the University of Ottawa. For more details, contact Innovation Support Services at 613-562-5842.
Overhead/Indirect Costs
Overhead, or indirect costs, must be included in the budgets for all contracts and contract proposals. Some granting agencies also allow a provision for overhead in their grants and overheads should be included in funding applications if eligible. The University's overhead rate is based on the amounts negotiated between the Association of Universities and Colleges of Canada (AUCC) and the Department of Supply and Services (DSS). The applicable rates and policies are outlined in the Indirect Costs of Research Guide.
