1. Implementing NSERC’s IP Policy June 30 th, 2010 CAURA Webinar Stéphanie Michaud

2. General Goals of NSERC IP Policy Support the transfer and exploitation of university research results for the benefit of Canada Retain the right to use the research results internally at the university for further research and training Ensure that the research can be published

3. NSERC’s IP Policy Applies to all programs unless otherwise stated in literature Strongly encourage participants to begin discussing IP issues as soon as possible but agreement not required for peer review Most RPP programs (CRD, IRC, Networks) – will not release funds until staff have reviewed a signed copy to ensure that it conforms to our policy 6 month deadline – if not met, offer withdrawn

4. Policy Recently Revised (Dec 1, 2009 Implementation) Key Change: Increased flexibility regarding access No Change: – NSERC claims no right to ownership – NSERC grantees who decide to commercialize must disclose their IP to their institutions

5. Flexible Access Open dissemination Non-exclusive licensing Exclusive licensing Joint ownership Partial assignment of ownership Full assignment of ownership

6. NSERC’s IP Policy – Guiding Principles reflected by Mandatory Elements 1.Encourage the utilization of research results for the benefit of Canadians 2.Recognize contributions of each partner and need for all participants to benefit from partnership and to have their assets protected 3.Support the publication of research results in the open literature 4.Ensure that a student’s graduation is not impeded by IP issues 5.Support a researcher’s right to use his/her research results for non-commercial purposes in future research and in teaching

7. NSERC Review of Research Agreements – Mandatory Elements What are we looking for? Guiding Principle: – Encourage the utilization of research results for the benefit of Canadians Mandatory Element – Industrial expansion or economic activity – RPP evaluation criteria – Dilligent exploitation of research results (no shelving of IP)

8. NSERC Review of Research Agreements – Mandatory Elements What are we looking for? Guiding Principle: – Recognize contributions of each partner and need for all participants to benefit from partnership and to have their assets protected Mandatory Element – Protect IP assets of all partners and prevent unauthorized disclosure Background IP Review of Publications

9. NSERC Review of Research Agreements – Mandatory Elements What are we looking for? Guiding Principle: – Ensure that a student’s graduation is not impeded by IP issues Mandatory Element – No delay of student thesis defence

10. NSERC Review of Research Agreements – Mandatory Elements What are we looking for? Guiding Principle: – Encourage the utilization of research results for the benefit of Canadians Mandatory Element – Maximum publication delay of 6 months

11. NSERC Review of Research Agreements – Mandatory Elements What are we looking for? Guiding Principle: – Support a researcher’s right to use his/her research results for non-commercial purposes in future research and in teaching Mandatory Element – Institution retains the right to use results for non- commercial purposes

12. Guidelines for Development of IP Agreements and Standard Clauses Expect to be posted in on NSERC’s website July 2010 Stand alone sections for researchers, students and companies Speaks to the different cultures and priorities Outlines factors to consider in discussions Aimed at those universities and companies with little experience in u-i collaboration Includes sample clauses

13. Any Questions? Stéphanie Michaud, PhD stephanie.michaud@nserc-crsng.gc.ca 613-996-2145 Senior Manager, Strategic Planning, RPP, NSERC