Definitions and terms

University policy prohibits the university from engaging in secret or classified research. Therefore, the university will not participate in research activities where the fact that the project is being undertaken is secret or classified. As well, as an academic environment, the University does not have the same type of information management systems and controls in place as might be present in a private environment. Nevertheless, the university understands that the exchange of confidential information may be necessary to pursue joint research activities and the university will agree to terms and conditions protecting third party confidential and proprietary information subject to the need to ensure that any confidentiality provisions reflect the reality of the university environment.

University members are required to disclose any conflict of interest in accordance with their employment agreement and university policy.

The University of Victoria has a creator owned intellectual property policy. The policy provides that subject to the terms and conditions of any relevant funding program or agreement and certain exceptions, intellectual property created by university members in their University-related work and/or using university resources is owned by its creator. Such ownership is subject to the creator’s obligations to the university. Given this policy, with the agreement of the researchers involved and subject to the policies and conditions of any applicable leveraging program, the university has a fair amount of flexibility in setting terms of ownership and access rights to intellectual property arising from funded research projects. In setting such terms, the objectives and interest of researchers are a significant factor but all such arrangements must also comply with applicable university policy.

The university's mandate includes fostering academic freedom. As well, the membership of the university is broad with no centralized monitoring or control of academic or research pursuits. Therefore, the university cannot agree to terms which limit research or academic activities of its members.

As a publicly funded institution, the university's activities are conducted on a not for profit basis. university facilities and research services are made available as a service to the community to recognize that University facilities are often highly specialized and not generally available within the region and the provision of such facilities and services is not intended to compete with private business or industry.

In the ordinary course, the university expects that its members will be able to publish the results of their research. In the case of students, the university is prohibited from entering into agreements which unnecessarily prohibit or delay the use of research results by graduate students for academic requirements related to the complete of their degrees. This means that most research agreement provide for publication following a review by sponsors to ensure that their confidential information is not included in a proposed publication without their consent and to enable a sponsor to request a limited delay in publication to seek patent protection. In very limited circumstances additional limitations on publication may be available with the agreement of the researchers and provided that students’ interests in completing their degrees are not compromised.

To maintain eligibility to participate in various funding programs, to fulfill its ethical responsibilities, and to comply with legal requirements the University is subject to a variety of regulatory committees. In particular research involving humans and animals must be conducted in accordance with University policy and the standards identified by the federal granting agencies.

Consistent with most universities, UVic conducts research on a cost-recovery basis. Funding terms may provide for a fixed amount or be structured as reimbursement of certain costs up to a stated or capped amount. In either instance, research budgets must include provision for the indirect costs of research in accordance with university policy.

In keeping with its mandate, in the ordinary course, UVic expects to retain the rights (on its own behalf and on behalf of the researchers involved) to use intellectual property developed at the university in educational, academic, research and other non-commercial activities involving its members. In certain cases, usually limited to the provision of research services, a research or academic license will not be required.

UVic does not provide warranties on the result of research collaborations or on intellectual property licensed by the university. As a public institution with an educational and research mandate, the university does not have systems in place to investigate intellectual property produced through the research activities of its members or to effectively manage the risk inherent in providing warranties on research activities or output. Users of university-produced intellectual property are expected to conduct their own due diligence with respect to such intellectual property. To the extent a party wishes to obtain access to university intellectual property, such parties will be expected to assume the risk of all such use including assuming the risk of any third party claims relating to such use (usually through provision of an indemnity in favour of the University). The university’s ability to provide indemnities to third parties is limited by rules imposed by the British Columbia provincial government. Circumstances in which the university can provide indemnities to third parties are strictly limited and such indemnities are subject to an approval process.