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Definitions

Academic Staff Member (ASM) — A Member whose terms and conditions of employment are defined in the MUN–MUNFA Collective Agreement.

Agreement — An agreement that includes terms or conditions respecting Intellectual Property or Intellectual Property Rights, including the rights of third parties.

Assignment — A partial or full assignment of Intellectual Property Rights to any party or a grant to any party of contingent or future right(s) to receive an assignment of any Intellectual Property Rights (such as an option or right of first refusal).

Benefit — Include, but are not limited to, up-front payments in respect of incurred costs, sharing of royalties on commercialization, equity in spin-off companies, or other contributions toward the teaching and research mandate of the University as may be agreed upon.

Commercial Purpose — Includes the direct or indirect use of Intellectual Property or Intellectual Property Rights in order to generate revenue.

Creator — The Member(s) who creates, designs, discovers, invents or authors Intellectual Property.

Data — The recorded factual material commonly accepted in the scientific or academic community as necessary to support the University's research activities or validate research findings.

Direct Costs — Include, but are not limited to, the stipends, salaries and benefits for research personnel, including faculty, staff, postdoctoral trainees and students, materials and supplies, travel, equipment, purchase of specialized services, and subcontracts.

Incidental Use of University Resources — Includes the use of University email accounts or other common IT and/or communication services (i.e. telephony, fax, internet, WiFi), use of common spaces or services provided freely to all by the University (i.e. cafes, lounges, library access, common meeting areas) and use of personal computers, laptops, tablets, mobile devices and other commonly used hardware and software. Incidental Use of University Resources includes use of University resources (i.e. space, facilities, equipment, support personnel) that are freely available to Members and for which use by a Member would not preclude access to, or support from, the resource by other Members that would normally be provided by the University.

Indirect Costs — Include, but are not limited to, building use and depreciation, utilities, equipment depreciation, physical plant and maintenance (including hazardous waste disposal, security, (custodial services),insurance, pre- and post-award research support and administration, financial administration (including purchasing, accounting, claims processing), human resources administration, and common resources (including libraries, computing services, and technical services). Such costs may be incurred centrally, at the unit level, or a combination of both. Recognizing that the provincial operating grants to universities and tuition fees do not cover the actual Direct and Indirect Costs of Research at universities, the Government of Canada implemented the Research Support Fund (formerly called the Indirect Costs Program) to provide payment of the Indirect Costs based on the Direct Cost funding received from the tri-council funding agencies, including Canadian Institutes of Health Research (CIHR), the Natural Sciences and Engineering Research Council of Canada (NSERC), and the Social Sciences and Humanities Research Council of Canada (SSHRC). For ÌÇÐÄÊÓƵ, the Research Support Fund contributes an Indirect Cost payment of approximately 25% of the Direct Cost funding provided from selected tri-council funding agency programs. For all other funding sources, the Indirect Costs shall be calculated and charged in accordance with the policy on .

Informed Consent — Consent given by an individual who has received the information necessary to allow a considered judgment and has been given a reasonable opportunity to consider such information without having been subject to coercion, undue influence, inducement or intimidation. The process to be followed for obtaining the Informed Consent of a Member who is a graduate student or postdoctoral fellow shall be as established by the Dean of the School of Graduate Studies or delegate. The process to be followed for obtaining the Informed Consent of a Member who is an undergraduate student shall be as established by the Provost or delegate. The process to be followed for obtaining the Informed Consent of all other Members shall be as established by the Administrative Head(s) for the Member(s). In the case of Research, the process for obtaining Informed Consent shall also be approved by the Vice-President (Research), or delegate.

Intellectual Property — Includes all Data, documents, reports, analyses, tests, specifications, charts, plans, drawings, ideas, inventions, discoveries, creations, schemes, correspondence, communications, lists, manuals, technology, techniques, methods, processes, services, routines, systems, procedures, practices, operations, modes of operations, know-how, trade or other secrets, contracts, financial information, engineering reports, environmental reports, field notes, sketches, photographs, computer programs, records or software, specifications, models, database rights, service marks, scientific or technical advancements, improvements, devices, products, concepts, designs, prototypes, samples, technical information, materials, works of authorship, patterns or other information, and includes the media on which such Intellectual Property is stored, obtained or received.

Intellectual Property Rights — Any and all proprietary rights anywhere in the world provided under (i) patent law, (ii) copyright law, (iii) design patent or industrial design law, (iv) semi- conductor chip or mask work or integrated circuit topography law, (v) trade-mark law or (vi) any other statutory provision or common law principle, including trade secret law, which may provide rights in Intellectual Property or the expression or use of such Intellectual Property.

License — Any grant of Intellectual Property Rights to any party and includes without limitation a grant of contingent or future right(s) to receive a license or sublicense of any Intellectual Property Rights (such as an option or right of first refusal) but does not include an Assignment.

Member — Any person who teaches, conducts research, studies or works at or under the auspices of the University and includes, without limitation, all employees, all students; and any other person(s) while they are acting on behalf of or at the request of the University.

Moral Rights — As defined by the , as amended or replaced from time to time.

MUN — ÌÇÐÄÊÓƵ University of Newfoundland.

MUNFA — ÌÇÐÄÊÓƵ University of Newfoundland Faculty Association.

Outside Professional Activities — The application of professional skills and knowledge in the community outside the University as described in the MUN-MUNFA Collective Agreement.

Personal Health Information — As defined in the , as amended or replaced from time to time.

Principal Investigator — The Member who has consented to assume, alone or with another Member(s), primary responsibility for the design, conduct and supervision of a Research project.

Research — Any disciplined enquiry or systematic investigation intended to extend knowledge or to establish facts or principles. It does not include, when undertaken for the University's internal assessment, management or improvement purposes ("Internal Assessment"), quality assurance and quality improvement studies, program evaluation activities and performance reviews, or testing within normal educational requirements. For greater certainty, where data is collected for Internal Assessment but later used for Research purposes, such secondary use of the Internal Assessment data constitutes Research.

Research Agreement — An Agreement pertaining to specific Research. Such agreements may include terms and conditions related to the execution of the Research project (e.g. work plan, schedule of payments) and deliverables (e.g. progress reports, final reports, prototype demonstrations, etc.), as well as terms related to the Transfer of Research results, including any delays in publication, and non-disclosure terms associated with Intellectual Property that is provided to the Research project by third-parties.

Researcher Participation Agreement — An Agreement signed by a Member and by the University prior to the Member participating in Research that confirms that the Member agrees to abide by the terms and conditions of Research Agreements.

Significant Documented Contribution — A financial or in-kind contribution of funding by the University toward the conduct of Research. Such contributions would be beyond Incidental Use of University Resources by Members and would be documented prior to the start of the Research, normally as part of a Research proposal or Research Agreement, or during the disclosure of Intellectual Property by the Member under this policy. Such contributions would include dedicated or extraordinary use of existing institutional equipment, facilities or support staff for the purpose of conducting the Research. They would also include the Direct and Indirect Costs of facilities and equipment that are purchased and support staff that are hired specifically for the Research. Significant Documented Contributions, however, do not include the financial contributions provided to the University by the Sponsor of the Research, including any third-party funding agencies (e.g. NSERC, SSHRC, CIHR, RDC, ACOA), nor the Indirect Costs provided through the Research Support Fund. The University shall not consider the time of ASMs who conduct the Research as part of their normal work load as a Significant Documented Contribution.

Sponsor — An organization that enters into an agreement with the University related to the creation of Intellectual Property.

Transfer — A License or Assignment of Intellectual Property or Intellectual Property Rights or any part thereof.

University — ÌÇÐÄÊÓƵ University of Newfoundland.

University Activities — Activities carried on by a Member in the course of their employment or association with the University, or using University funds, facilities, equipment or other.

Works — Any Intellectual Property in which copyright subsists, including literary works, dramatic works, musical works, artistic works and computer programmes.

Procedures:

There are no procedures associated with this policy.