Intellectual Property
Introduction
The office of the Dean of the Faculty of Graduate Studies and Research (FGSR) serves as a resource to graduate students on all matters related to graduate studies, including Intellectual Property. Students are encouraged to contact the Dean’s office for advice, information or assistance in addressing concerns.
The information below has been reviewed by the Intellectual Property Committee and is consistent with the University's Intellectual Property Policy. The policy itself states, “Intellectual Property issues involving students will be addressed in a manner consistent with this policy.” Graduate students need to be aware that individual circumstances may affect the interpretation of the policy. Hence, although this page provides a general overview, it should not be viewed as legally binding and applicable to all cases and circumstances.
For More Information
Please refer to the University's Intellectual Property Policy.
Students can also consult “A Guide to Intellectual Property for Graduate Students and Postdoctoral Scholars” available through the Canadian Association for Graduate Studies (CAGS).
At the University of Regina, the Intellectual Property Policy defines ownership and other intellectual property issues. In this policy, creators are persons who have made an original intellectual contribution to the work. Accordingly, to be regarded as the original owner or co-owner of intellectual property (IP), there must have been a substantive and/or creative contribution by the student in producing the IP (the precise legal requirements vary relative to copyright works, patentable inventions, etc.). Moreover, the student must not have created the property as a part of his or her responsibilities as an employee of another (in which case the employer is the legal owner), or have sold, waived or assigned his/her rights to the property. Although faculty and staff are employees of the University, the University, in general, does not employ these individuals to produce IP; thus, IP created by faculty members is created independent of their role as an employee. Hence, a key element in determining ownership of IP is whether the originator was an employee whose responsibilities included creation of IP for the employer.
Note as well that IP can be jointly created and jointly owned. Many written works are co-authored, and many inventions involve the participation of more than one researcher. Likewise, several researchers may contribute to the same body of scientific data. Provided the participants were not employed specifically to write or do the work, then these co-creators of the IP share ownership and are entitled to copyright, patent or similar protection and have the right to control the work.
It is difficult to provide a definition of an original contribution that serves to unequivocally define a contributor as a bona fide author or inventor. Each case needs to be individually examined. When there is an unresolved dispute, advice and assistance from the Dean’s office of the FGSR should be sought in the first instance. If the matter cannot be brought to resolution at this level, it may be appropriate to forward the issue to the IP Committee (IPC), which in turn will make a recommendation to the Vice-President (Research & International). Please note that the University encourages the creators to discuss and make the decisions about jointly created works and to only involve the IPC should an impasse occur. Graduate students have the opportunity to engage the Dean’s office, which will hopefully facilitate a resolution and therefore preclude a need to involve the IPC. It should be noted that the University’s default position is that the creators have equal ownership unless the creators have made another agreement. The University regards the appearance of an individual's name on a publication as an indication that the person has made an original intellectual contribution to the work, and is, therefore, an author with all the attendant rights, responsibilities and privileges.
The answer will depend on whether the student is receiving a stipend, or has been hired (employed). In the case of a stipend, such as remuneration from a research grant, the support is equivalent to a research award, not unlike a scholarship; i.e., the support is to enable the student to pursue academic studies in the absence of any expectation that the student will perform any particular assigned duties as an employee. If hired, the student is an employee and technically any IP created is the property of the professor, or perhaps the project sponsor, depending on the terms of the contract. Thus, students paid to perform specific assigned tasks are employed and, in the absence of an agreement stating otherwise, any IP created belongs to the employer.
It is possible for both a student/supervisor and employer/employee relationship to co-exist and for the work to be done both for an employer and for academic credit. These mixed situations require that the rights and responsibilities of each party are clearly understood. It is incumbent on professors to ensure that the student is aware of any ownership issues, or restrictions on the use of any IP that the student may create for pay, and it is equally the responsibility of the student to inquire about the conditions of employment and what limitations there may be in using any of the work for academic credit. As well, supervisors are responsible for informing graduate students of the nature of any limitations on the use of the student's work for academic credit, or in a thesis. In summary, graduate students who are receiving financial support from professors’ research grants, or contracts, need to understand the precise nature of the financial support and any restrictions that may pertain to using the results of that work.