91泡芙

POLICY STATEMENT

On September 17, 2025, acting under delegated authority, the Governance, Risk and Compliance Committee of the Board of Governors approved the following special policy statement in respect of policy R 30.03 (the 鈥淧olicy鈥�):

For the duration of an interim period prior to the creation of a separate Intellectual Property policy encompassing scope of educational materials, the Policy will be applied and interpreted by the following language consistent with the Intellectual Property policy approved on July 22, 2004:

a.       Although the University has the right to require assignment of an interest in intellectual property (鈥淚P鈥�) created by a University Member through the use of its resources, the full ownership of IP and all rights pertaining to ownership are vested in the Creator, unless the Creator has entered into an agreement with the University to the contrary.

b.       The University specifically acknowledges that the substance of a lecture, whether delivered in the classroom or via other means, belongs to the Creator (in this case the lecturer) and that records of such lectures do not constitute IP under the terms of this Policy. The University will distribute records of such material to University Library cardholders only with the permission of their Creator.

c.       The University specifically acknowledges that IP created in the form of a textbook, instructional website, or other instructional material developed as part of the normal course teaching activities of a faculty member is owned by the Creator.

d.       The University specifically acknowledges that IP created exclusively by a student Creator in the course of completing the requirements for an academic degree or certificate is owned by the student Creator, to the extent that the IP comprises part of the requirements for the degree or certificate. In order to qualify under this paragraph, the student and the supervising faculty member must agree in writing that the student is the sole inventor or author, as the case may be, pursuant to the relevant IP law. Consistent with SFU Graduate Regulations, nothing in this Policy shall preclude a graduate student from publishing his/her thesis in any form at any time.

e.    The University retains a royalty-free perpetual right to use for scholarly, academic and other non-commercial purposes all IP created through use of University resources.

EXECUTIVE SUMMARY

This Intellectual Property, Invention and Software Policy (鈥淧olicy鈥�) establishes the principles and framework for the treatment of intellectual property (鈥淚P鈥�) created by University Members for Inventions and Software.  This policy was created to incentivize the creation of IP by all University Members to foster a more collaborative and vibrant innovation ecosystem at SFU with benefit to British Columbia, Canada, and the world at large.  But for expressly defined situations, this Policy is a Creator-owned Policy; meaning the Policy provides that the ownership of IP rights rests with the Creator(s) of the IP.

This Policy appreciates that University Members may use IP for a diversity of applications.  For example, some University Members may wish to use their IP to promote scholarly activity, proliferate their ideas, and utilize open-source ideals for knowledge dissemination.  In other applications, University Members may wish to utilize their IP as protected assets to take their creations to market to seek investment and stop/deter market competitors from replicating the same proprietary creation.  Whichever application is chosen, the University Members鈥� IP may impact society in a multitude of ways (social impact, economic impact, etc.).  Thus, this Policy is provided to lay guidance to these diverse applications of IP created at SFU in a comprehensive and clear manner.

TABLE OF CONTENTS

1. PRINCIPLES
2. PURPOSE
3. SCOPE AND JURISDICTION
4. DEFINITIONS
5. POLICY
6. ROLES AND RESPONSIBILITIES
7. RELATED LEGAL, POLICY AUTHORITIES AND AGREEMENTS
8. ACCESS TO INFORMATION AND PROTECTION OF PRIVACY
9. RETENTION AND DISPOSAL OF RECORDS
10. POLICY REVIEW
11. POLICY AUTHORITY
12. INTERPRETATION
13. PROCEDURES AND OTHER ASSOCIATED DOCUMENTS

1.0    PRINCIPLES

1.1    In order to incentivize the creation of IP by all University Members to foster a vibrant innovation ecosystem, collaboration amongst University Members is required.  The principles for which to create the aforementioned collaboration include:

1.1.1    Creator Owned Principles: University Members who create IP own the products of their intellectual endeavours and are free to publish those products without commercial intent, pursue Commercialization of the IP in their own right, or to pursue Commercialization with the assistance of the University.

1.1.2     Inclusivity: This Policy aims to facilitate an inclusive approach to engage all University Members, regardless of their level of engagement with SFU鈥檚 Technology Licensing Office (鈥淭LO鈥�).

1.1.3    Increasing Community Engagement: This Policy aims to increase the community engagement by incentivizing University Members to provide community-based benefits to the SFU community such as mentorship, provision of resources and/or facilities, hiring of University Members in SFU spinout companies, or similar type of community engagement.

1.1.4    Clarity and Comprehension: This Policy aims to clearly and concisely define ownership of University Member IP rights in Invention and Software for all University Members and third-parties which are interested in comprehending the scope of rights afforded to University Members by the University.

1.1.5    Requirement for Full Disclosure: A University Member who creates IP in Invention and Software is required to disclose the intention to Commercialize that IP because of the University鈥檚 responsibility to be accountable to government and the public.

1.1.6     Foster University Innovation: This Policy aims to incentivize the creation of IP by all University Members to foster a more collaborative and vibrant innovation ecosystem at the University.

1.1.7    Dissemination of Products of Scholarly Activity: This University has an obligation, with respect to this Policy鈥檚 IP framework and principles, to disseminate the products of scholarly activity to benefit University Members, the University, British Columbia, and the world at large.

2.0     PURPOSE

2.1    The purpose of this Policy is to establish a framework and principles regarding IP rights in Invention and Software for University Members.

3.0    SCOPE AND JURISDICTION

3.1    This Policy applies to: all University Members, including employees, students, post-doctoral fellows and researchers, affiliated with the University who use University Resources or funds administered by the University in the course of University-related scholarly and creative activities.

3.2    This Policy does not apply to IP in Invention and Software created in the course of non-University activities that do not make use of University Resources or funds administered by the University, for example outside employment or other activity in an area unrelated to University activities, or activity conducted wholly while on an unpaid leave of absence away from the University.

3.3    This Policy does not apply to IP related to other works than Invention and Software.  For clarity, IP related to Educational Material is not within the purview of this Policy.

4.0    DEFINITIONS

4.1    Please see Appendix A for the definitions of words used in this Policy and its associated procedures.

5.0    POLICY

5.1    Ownership of Invention and Software

5.1.1    The full ownership of IP rights for Invention and Software is vested in the Creator, unless the Creator has entered into an agreement with a third-party to the contrary. The following exceptions apply:

1.    University owns the IP rights in Invention and Software resulting from work specifically requested of a University Member by the University pursuant to a written contract of employment.  For further clarity, the production of the Invention and Software must been initiated at the request of the University;

2.    the University owns IP rights in Invention and Software resulting from the performance of a contract for service, agreement or commission in which the University and the Creator have agreed to the University鈥檚 ownership; or

3.    the University, sponsoring agency, collaborator, affiliate, or client owns the IP rights in Invention and Software developed pursuant to a written contract.

5.1.2    The University, providing attribution to the Creator, receives a royalty-free non-commercial license to IP rights in Invention and Software of the Creator for scholarly, academic, and other non-commercial uses.

5.2    Commercialization

5.2.1    Any Creator who elects to Commercialize their IP in Invention and Software is required to disclose the intention to the University as provided for in Section 6.2.1.

5.2.2    Creators are free to Commercialize their IP in Invention and Software without the assistance of the University subject to Section 5.4.1.

5.2.3    The Creator may request the University鈥檚 assistance in commercializing, which may include requesting assistance from the TLO.

1.    Assistance from the TLO may include University funded legal costs for intellectual property, translational assistance, market intelligence, licensing, and negotiation assistance.

5.2.4    Creators are provided confidentiality of their proprietary and business information when disclosing IP in Invention and Software and Commercialization plans to University personnel, including staff of the TLO, Research Services, and the Vice-President, Research and International.

5.3    Revenue Sharing

5.3.1    Creators who Commercialize their IP in Invention and Software without assistance from the University in the Commercialization process may elect to either: (1) provide an Institution Revenue Share with the University, or (2) provide no Revenue share with the University, and instead perform innovation-based services outlined in a Innovation Engagement Agreement, entered into between the Creator and the University, that benefits innovation within the University and/or the wider community in British Columbia.  Further details on the Revenue sharing and the Innovation Engagement Agreement are recited in the Intellectual Property, Invention and Software Procedures.

5.3.2    Creators who request and receive the University鈥檚 assistance in commercializing, provide an Innovation Revenue Share with the University.  Further details on Revenue sharing are recited in the Intellectual Property, Invention and Software Procedures.

5.4    Inconsistency of Policies

5.4.1    Where this Policy or its associated procedures directly contradicts a provision in a collective agreement between the University and a union, the collective agreement provision will prevail with respect to the members of the bargaining unit covered by that collective agreement.

6.0    ROLES AND RESPONSIBILITIES

6.1    Vice-President, Research and International has executive responsibility for implementing this Policy and will be the final decision authority on behalf of the University for any commercialization agreements entered into under this Policy.

6.2    University Members

6.2.1    IP in Invention and Software created by University Member with the intention to Commercialize the IP must be disclosed to the University because of the University鈥檚 responsibility to be accountable to government and the public. 

7.0    RELATED LEGAL, POLICY AUTHORITIES AND AGREEMENTS

7.1    The legal and other University Policy authorities and agreements that may bear on the administration of this Policy and may be consulted as needed include but are not limited to: 

7.1.1   

7.1.2    

7.1.3    

7.1.4    

7.1.5    

7.1.6    

7.1.7    Conflict of Interest Policy (GP 37)

7.1.8    Policy on University Trade-Marks (GP 28)

7.1.9    Policy on External Research Grants and Contracts (R10.01)

7.1.10    Policy on Service Contracts (AD 3.13)

7.1.11    91泡芙 and 91泡芙 Faculty Association Collective Agreement

7.1.12    Collective Agreement Between the Board of Governors of 91泡芙 and the Teaching Support Staff Union

8.0    ACCESS TO INFORMATION AND PROTECTION OF PRIVACY

8.1    The information and records made and received to administer this Policy are subject to the access to information and protection of privacy provisions of British Columbia鈥檚 Freedom of Information and Protection of Privacy Act and the University鈥檚 Information Policy series. 

9.0    RETENTION AND DISPOSAL OF RECORDS

9.1    Information and records made and received to administer this Policy are evidence of the University鈥檚 actions to implement a framework for IP rights for University Members.  Information and records must be retained and disposed of in accordance with a records retention schedule approved by the University Archivist.  

10.0    POLICY REVIEW

10.1    This Policy must be reviewed every five years and may always be reviewed as needed.

11.0    POLICY AUTHORITY

 This Policy is administered under the authority of the Vice-President, Research and International. 

12.0    INTERPRETATION

12.1    Questions of interpretation or application of this Policy or its procedures shall be referred to the Vice-President, Research and International whose decision shall be final. 

13.0    PROCEDURES AND OTHER ASSOCIATED DOCUMENTS

13.1    Appendix A contains the definitions applicable to this Policy and its associated procedures. 

13.2    The procedures for this Policy are: Intellectual Property, Invention and Software Procedures.