University's Intellectual Property (IP) Policy

Who owns inventions developed at the UM? UM inventors have the obligation to disclose their inventions to the University. The University of Manitoba IP Policy determines ownership and rights associated with inventions created at UM. In general, the University and the inventors jointly own all inventions developed using University resources as a result of the research effort of faculty members, staff, and graduate students unless the rights to the invention were ceded (whole or in part) to a third party under a prior written agreement as researchers may have agreed to under a research agreement. 

Scope and Application

University Inventor(s) – The policy applies to all University Members, including students, employees and external parties with adjunct or nil-salaried appointments. (University Inventor(s) may be subject to the IP policy represented by the University of Manitoba Faculty Association (UMFA) Collective Agreement)
Covered IP – It encompasses all IP created in the course of University-related research activities through the use of University resources.

Ownership of IP

Works (e.g., literary, dramatic, musical, and artistic works) – Generally, creators retain ownership, except when:

• The Work is created under the provisions incorporated within a job description or employment agreement, via the performance of administrative duties, or at the direction of a supervisor.
•  There is a specific agreement assigning ownership to UM.
• The work results from substantial use of University resources beyond what is ordinarily provided.

Other IP (ex., patents, trademarks, industrial designs, software) – In general, Other IP is jointly owned between UM and the University Inventor(s), except when:

• The IP is created under the provisions incorporated within a job description or employment agreement, via the performance of administrative duties, or at the direction of a supervisor.
  A specific agreement assigns ownership to UM or a third party.
• The IP results from substantial use of University resources beyond standard provisions.

Licensing and Usage Rights

University License – UM is granted a royalty-free, perpetual license to use University IP for internal, non-commercial, research, and educational purposes.

Inventor's License – University Inventor(s) retain a royalty-free, perpetual right to use their University IP for non-commercial, research, and educational purposes.

Student Works

Theses and Dissertations – Students generally own the copyright to their theses or dissertations. However, prior agreements or substantial use of University resources may affect ownership rights.

Moral Rights
Waiver of Rights – When UM owns the copyright in a work, creators automatically waive their moral rights, allowing the University to use and modify the work as needed.

Commercialization and Revenue Sharing

Commercialization Rights – Both UM and the University Inventor(s) have the right to commercialize UM IP. If UM declines to pursue IP commercialization, the University Inventor(s) may proceed independently, subject to certain conditions.
Revenue Distribution – Net Revenues from commercialization are typically shared equally (50/50) between the University Inventor(s) and UM:

• 50% to the University Inventor(s) – This portion is allocated to the individual or group of individuals who created the IP. If multiple University Inventor(s) are involved, this share is divided among them based on their relative contributions, as determined by a mutual agreement or, in the absence of such an agreement, equally.
• 50% to the University – UM's share is intended to support its ongoing research initiatives, infrastructure, commercialization activities, and other related activities.
• Definition of Net Revenue – Net Revenue refers to the income received by UM from the commercialization of IP, after deducting direct costs associated with its protection, management, commercialization and any revenues owned to external entities (ex. funding agencies, non-University Inventors/institutions, etc.). These direct costs can include legal fees, patent filing expenses, and any costs related to prototype development.

EXAMPLES OF REVENUE SHARING:  COMING SOON.   
 

The University IP Policy acknowledges that University Inventor(s) may choose to commercialize their IP without UM’s direct involvement or financial, legal or marketing support. In such cases, University Inventor(s) are required to formally disclose their technology to the University (i.e. Invention Disclosure Form (IDF)) and request an agreement that outlines the terms of independent commercialization. This process ensures that both the UM's interests and the University Inventor's autonomy are balanced appropriately. 

Note: When University Inventor(s) choose to independently commercialize University IP, the distribution of Net Revenues (after deduction of inventor direct costs) remains 50% to the Inventor(s)/ 50% to the University. (Subject to the UMFA Collective Agreement)

University IP Policy  UMFA Collective Agreement