Government of Canada

Foreign Affairs, Trade and Development Canada

www.international.gc.ca

Revised Policy on Title to Intellectual Property Arising under Crown Procurement Contracts

As of October 1, 2000, requests for proposals for service contracts with CIDA must comply with a new policy on intellectual property. This policy is posted on the Treasury Board Secretariat web.

Objective

The objective of this policy is to increase the potential for commercial exploitation of intellectual property developed by a contractor in the course of a Crown procurement contract.

Application

This policy applies to intellectual property that arises by virtue of a Crown procurement contract and that is developed by the contractor. This policy does not affect existing ownership rights of the Crown, the contractor, or a third party of their respective background.

Key Changes

This policy allows the contractor to remain the owner of intellectual property, subject to the exceptions as set out in article 6 of the policy. Please, see the exceptions.

This policy does not affect intellectual property ownership rights between the contractor and any of its subcontractors, with the exception that the contractor shall be required to obtain from its subcontractors those ownership or licence rights arising by virtue of a Crown procurement contract.

This policy does not apply to the ownership of, or the right to use, any trademarks or trade names, or to personal information as defined under the Privacy Act, Revised Statutes of Canada (R.S.C.).

Transition Period

All requests for proposals sent and proposals received prior to October 1, 2000, shall remain subject to the same terms and conditions prior to this date.

All new procurement contracts that are executed as of this date, and that are not governed by the preceding paragraph, shall come under the new contract provision.