| Topic: | Financial and Operations |
|---|---|
| Approval Authority: | Board of Governors |
| Approval Date: | October 1, 2024 |
| Effective Date: | November 1, 2024 |
1. Preamble
On July 17, 2020, the government of Ontario released the province’s first Intellectual Property Action Plan to help Ontario become more strategic in its approach to generating, protecting, and commercializing intellectual property (IP). One of the key pillars of the action plan is a commitment to clarify the commercialization mandates of post-secondary institutions. On January 14, 2022, the Ministry of Colleges and Universities released a Commercialization Mandate Policy Framework to help advance this commitment. Through this framework, post-secondary institutions were mandated to implement a Commercialization Policy that articulates a commitment to generate, commercialize and protect intellectual property in a manner that provides a net benefit to Ontario and Ontarians.
This Policy sets out York University’s commitment to recognizing the vital role of commercialization of intellectual property in fostering innovation, advancing knowledge, and benefiting society at large.
2. Purpose
The purpose of this Policy is to reaffirm York University’s commitment to the creation and dissemination of intellectual property in a manner that maximizes commercialization opportunities, the impact of research, scholarship, and creative activities, promotes and prioritizes innovation and knowledge transfer, and creates economic impact and societal benefit to Ontario while preserving the academic freedom and interest of the University, its faculty, staff and students with the mission and values of the University.
3. Scope and Application
This Policy is applicable to all YU Contributors, as defined below, carrying out research, scholarship and creative activities in the course of their employment, association, or enrollment at the University using University facilities, equipment, funds or other resources.
The administration and commercialization of intellectual property arising from such research, scholarship and creative activities is governed by the provisions of this Policy as well as the Intellectual Property and Graduate Education Regulations set out by the Faculty of Graduate Studies.
In the event of any conflict or inconsistency between this Policy and the collective agreements between York University and the York University Faculty Association or York University and the Osgoode Hall Faculty Association, such collective agreements shall prevail.
4. Definitions
Intellectual Property or IP: the result of intellectual or artistic endeavors produced collectively or individually by YU Contributors in their roles with the University. Ownership of IP can be attributed to one or more individuals. The substance of a lecture, whether delivered in the classroom or via other means, and records of such lectures do not constitute IP for the purposes of this Policy.
University Resources: all resources provided by the University either directly or indirectly to a YU Contributor, including, without limitation, any equipment, software, facilities, utilities, human resources, services or other supports. University services include, without limitation, the administration of funds and support received by the University in the form of grants, contracts and other support provided by the University or third parties such as government funders or industry sponsors. For the purposes of this Policy, use of University Resources commonly available, such as wireless networks, maker spaces, libraries and other spaces open to the public shall not be considered use of University Resources.
YU Contributor: a member of the University community, that includes University employees, whether administrative, professional or support including technicians, teaching and research assistants, teaching fellows employed by the University, or under contract to provide personal services for the University, faculty members, whether part-time, full-time, emeritus or adjunct status, students, whether enrolled at the University full or part-time, including undergraduate, graduate and visiting or exchange students from other institutions, post-doctoral fellows, whether employed by, cross-appointed to, or under contract to provide personal services for the University, and research grant employees affiliated with the University, that uses University Resources in the course of research and other creative activities.
5. Policy
5.1. Management and Protection of Intellectual Property
5.1.1 The University is committed to the management and protection of IP in a manner that maximizes commercialization opportunities, protects the needs and interests of the University community and its research partners, and provides net benefits to Ontario and Ontarians.
Commercialization includes the assignment, licensing, manufacturing, or production of IP as well as the protection of IP, including, but not limited to, obtaining patent protection and copyright registration, with the goal of financial return. Examples of benefits to Ontario include, but are not limited to:
a. translating research into action by supporting entrepreneurship, knowledge mobilization and commercialization to expand the reach of research in order to achieve greater societal impact;
b. promoting contract research to bring funding and student training benefits to Ontario;
c. pursuing partnerships with Ontario companies and organizations, as well as those seeking to expand their business in Ontario; and
d. fostering partnerships with local incubators, accelerators, and regional innovation centres as well as local angel investor networks.
5.1.2 The Office of the Vice-President Research and Innovation (VPRI) provides supports and resources for the protection and management of IP, including to identify research with commercial potential, file patents and other forms of IP where indicated, and manage commercialization of IP including starting up companies where appropriate.
5.2. Increasing Intellectual Property Capacity
The University is committed to the ongoing development and enhancement of resources and support services to YU Contributors to increase the overall knowledge, awareness, and capacity of IP to enable innovation activities. Currently, units at the University that provide dedicated IP and commercialization resources and supports include IP Innovation Clinic, Research Commons, YSpace, BEST Lab, Innovation York and Schulich Startups.
5.3. Guidance Relating to Commercialization
5.3.1 The University acknowledges that cooperation with collaborators including companies, incubators and accelerators, and research institutes in the broader innovation ecosystem is critical to maximizing commercialization opportunities. The University is committed to providing guidance for relevant individuals within the University regarding institutional engagement with the Ontario innovation ecosystem in a manner that seeks to provide a net benefit to Ontarians.
5.3.2 The VPRI’s commercialization unit provides guidance relating to commercialization of IP to YU Contributors and as required to individuals within the University ecosystem.
5.4. Invention Disclosure
5.4.1 York University has an inventor-own policy as set out in the collective agreements between York University and the York University Faculty Association and York University and the Osgoode Hall Faculty Association, and the Intellectual Property and Graduate Education Regulations set out by the Faculty of Graduate Studies. In order for the University to increase intellectual property capacity and invest in supports for the commercialization of IP, YU Contributors who are owners of IP generated with, or resulting from the use of University Resources are encouraged to disclose IP to the commercialization unit.
5.4.2 The commercialization unit receives and evaluates Invention Disclosures for IP generated with University Resources and supports the protection and commercialization of IP that has commercialization potential. This unit also promotes commercialization as a key component of York’s research enterprise and provides training for students and faculty members.
5.5. Intellectual Property of Indigenous Peoples
The University is dedicated to upholding Article 31.1 of the UN Declaration of Rights of Indigenous Peoples, recognizing Indigenous Peoples' rights to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge and traditional cultural expressions. When engaging in research or scholarly activities with First Nations, the principles of OCAP® (Ownership, Control, Access and Possession) will inform IP arrangements.
Additionally, when engaging in research or scholarly activities with Inuit and Métis, researchers are required to work with community leadership to determine how Indigenous Peoples’ rights with respect to their IP will be protected.
6. Roles and Responsibilities
6.1 The Vice-President Research and Innovation is responsible for:
a. implementing this Policy;
b. developing any necessary procedures, guidelines, or agreements related to this Policy.
6.2. In accordance with Section 5.4.1, YU Contributors are responsible for disclosing IP generated with University Resources to the commercialization unit, acting on behalf of the Vice President Research & Innovation, and choosing the commercialization strategy for their IP, either independently or by seeking the University’s assistance.
7. Review
The VPRI is responsible for the review of this Policy every five years at a minimum and for recommending any revisions to the Board Academic Resources Committee.
| Legislative History: | Approved by the Board of Governors 1 October 2024 |
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| Date of Next Review: | November 2029 |
| Related Policies, Procedures and Guidelines: |
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