Common use of INTELLECTUAL PROPERTY, PATENTS AND COPYRIGHT Clause in Contracts

INTELLECTUAL PROPERTY, PATENTS AND COPYRIGHT. 15.4.01 Intellectual property means any result of intellectual or artistic activity, created by an Employee, that can be owned by a person. This includes, but is not limited to, inventions, publications, computer software, works of art, industrial or artistic designs, as well as other creations that can be protected under patent, copyright, or trademark laws. 15.4.02 Any provisions of Article 15.4 shall apply to joint creators of a piece of intellectual property, on a pro rata basis. 15.4.03 All intellectual property is owned by the Employees who create it except in those cases: (a) Where there is a written contract to the contrary between the creator, the Employer, and/or a third party which assigns the ownership rights of the intellectual property to the Employer or the third party; or (b) Where the Employer provides funds, resources, and facilities to the Employee beyond those required for the payment of the Employee’s salary and benefits, for the provision of a normal academic environment in which to work, and for the performance of a regular workload by the Employee, in which case, the Employee shall agree to share ownership rights of the intellectual property with the Employer. 15.4.04 The Employer shall not enter into any agreement with a third party which alters or abridges, or has the effect of altering or abridging, the intellectual property rights of an Employee without the Employee’s written consent. 15.4.05 The Union shall be given copies of the agreements or contracts specified in Article 15.4.03 within 10 days of their conclusion. The nature and content of these agreements or contracts will remain confidential. 15.4.06 In recognition of the Employer’s commitment to scholarship, including teaching, research, and publication activities: (a) The Employer agrees that Employees have complete intellectual and artistic freedom in the creation of intellectual property and the unqualified right to disseminate by any means whatsoever the intellectual property which they own; and (b) The Employee shall grant to the Employer a non-exclusive, royalty free, irrevocable, indivisible, and non-transferable right to use, solely for internal, non-commercial educational and research purposes, all intellectual property developed by Employees with the use of the Employer’s time, facilities, and resources. 15.4.07 In the event that the ownership rights of intellectual property become a matter of dispute, the matter shall be submitted to mediation before an individual experienced in such matters and mutually agreed upon by the Employer and the Union. If a satisfactory resolution is not provided by mediation, the matter may be submitted directly to arbitration as specified in Article 22.6. 15.4.08 In the event that either the Patent or Copyright Acts of Canada are amended to the extent that Article 15.4 requires revision, the parties shall re-open the negotiation of Article 15.4 by mutual agreement.

INTELLECTUAL PROPERTY, PATENTS AND COPYRIGHT. 15.4.01 Intellectual property means any result of intellectual or artistic activity, created by an Employee, that can be owned by a person. This includes, but is not limited to, inventions, publications, computer software, works of art, industrial or artistic designs, as well as other creations that can be protected under patent, copyright, or trademark laws. 15.4.02 Any provisions of Article 15.4 shall apply to joint creators of a piece of intellectual property, on a pro rata basis. 15.4.03 All intellectual property is owned by the Employees who create it except in those cases: (a) Where there is a written contract to the contrary between the creator, the Employer, and/or a third party which assigns the ownership rights of the intellectual property to the Employer or the third party; party; or (b) Where the Employer provides funds, resources, and facilities to the Employee beyond those required for the payment of the Employee’s salary and benefits, for the provision of a normal academic environment in which to work, and for the performance of a regular workload by the Employee, in which case, the Employee shall agree to share ownership rights of the intellectual property with the Employer. 15.4.04 The Employer shall not enter into any agreement with a third party which alters or abridges, or has the effect of altering or abridging, the intellectual property rights of an Employee without the Employee’s written consent. 15.4.05 The Union shall be given copies of the agreements or contracts specified in Article 15.4.03 within 10 days of their conclusion. The nature and content of these agreements or contracts will remain confidential. 15.4.06 In recognition of the Employer’s commitment to scholarship, including teaching, research, and publication activities: (a) The Employer agrees that Employees have complete intellectual and artistic freedom in the creation of intellectual property and the unqualified right to disseminate by any means whatsoever the intellectual property which they own; own; and (b) The Employee shall grant to the Employer a non-exclusive, royalty free, irrevocable, indivisible, and non-transferable right to use, solely for internal, non-commercial educational and research purposes, all intellectual property developed by Employees with the use of the Employer’s time, facilities, and resources. 15.4.07 In the event that the ownership rights of intellectual property become a matter of dispute, the matter shall be submitted to mediation before an individual experienced in such matters and mutually agreed upon by the Employer and the Union. If a satisfactory resolution is not provided by mediation, the matter may be submitted directly to arbitration as specified in Article 22.6. 15.4.08 In the event that either the Patent or Copyright Acts of Canada are amended to the extent that Article 15.4 requires revision, the parties shall re-open the negotiation of Article 15.4 by mutual agreement.

INTELLECTUAL PROPERTY, PATENTS AND COPYRIGHT. 15.4.01 Intellectual property means any result of intellectual or artistic activity, created by an Employee, that can be owned by a person. This includes, but is not limited to, inventions, publications, computer software, works of art, industrial or artistic designs, as well as other creations that can be protected under patent, copyright, or trademark laws. 15.4.02 Any provisions of Article 15.4 shall apply to joint creators of a piece of intellectual property, on a pro rata basis. 15.4.03 All intellectual property is owned by the Employees who create it except in those cases: (a) Where there is a written contract to the contrary between the creator, the Employer, and/or a third party which assigns the ownership rights of the intellectual property to the Employer or the third party; or (b) Where the Employer provides funds, resources, and facilities to the Employee beyond those required for the payment of the Employee’s salary and benefits, for the provision of a normal academic environment in which to work, and for the performance of a regular workload by the Employee, in which case, the Employee shall agree to share ownership rights of the intellectual property with the Employer. 15.4.04 The Employer shall not enter into any agreement with a third party which alters or abridges, or has the effect of altering or abridging, the intellectual property rights of an Employee without the Employee’s written consent. 15.4.05 The Union shall be given copies of the agreements or contracts specified in Article 15.4.03 within 10 days of their conclusion. The nature and content of these agreements or contracts will remain confidential. 15.4.06 In recognition of the Employer’s commitment to scholarship, including teaching, research, and publication activities: (a) The Employer agrees that Employees have complete intellectual and artistic freedom in the creation of intellectual property and the unqualified right to disseminate by any means whatsoever the intellectual property which they own; and (b) The Employee shall grant to the Employer a non-exclusive, royalty free, irrevocable, indivisible, and non-transferable right to use, solely for internal, non-commercial educational and research purposes, all intellectual property developed by Employees with the use of the Employer’s time, facilities, and resources. 15.4.07 In the event that the ownership rights of intellectual property become a matter of dispute, the matter shall be submitted to mediation before an individual experienced in such matters and mutually agreed upon by the Employer and the Union. If a satisfactory resolution is not provided by mediation, the matter may be submitted directly to arbitration as specified in Article 22.6. 15.4.08 In the event that either the Patent or Copyright Acts of Canada are amended to the extent that Article 15.4 requires revision, the parties shall re-open the negotiation of Article 15.4 by mutual agreement.Article