Research agreements

Office of Research Services staff assist UVic researchers with a wide range of funded and non-funded agreements. If you are unsure of the type of agreement necessary for your project, please contact us at contract@uvic.ca.

Funded Research Agreements

  • Collaborative Research Agreements set out the arrangements for joint research of mutual interest to a researcher and sponsor. Typically these include shared rights to the results.
  • Sponsored Research Agreements involve a researcher defining a research plan to address a specific issue identified by the sponsor. The sponsor typically owns reports or other deliverables, with the researcher retaining rights to the methodology for research or academic purposes.

Material Transfer Agreements (MTA)

Material transfer agreements (MTAs) are required when research material is being transferred from one organization to another. If your supplier requires an MTA to order chemicals, biological materials, or other research materials please contact us as soon as you know to avoid delay in the processing of your order. If your MTA deals with material that you are planning to commercialize, it will be processed by an Industry Liaison Officer at Research Partnerships and Knowledge Mobilization.

Non-Disclosure Agreements (NDA)

A non-disclosure agreement (NDA) protects confidential information from being disclosed or used for a purpose other than the reason it was provided. In research projects, NDAs are needed when confidential information is being provided as part of the project, whether conveyed orally or in writing. The NDA will identify the use of the information and how it will be transferred and protected.  It is the responsibility of the party providing the confidential information to clearly identify that the information is confidential.

UVic’s Research Policy does not allow secret research, so it is impossible to agree that no information about a research project will be disclosed; however, when appropriate UVic can provide the assurance that third party confidential information will be protected. 

  • Confidential information excludes information that is:
    • already known by the recipient
    • independently developed by the recipient
    • disclosed to the recipient by a third party without an obligation of confidentiality
    • in the public domain (at the time of disclosure or during the term of the agreement) 
    • disclosed pursuant to judicial or administrative order.

Intellectual Property Agreements

Intellectual property (IP) is the result of intellectual or artistic activity. IP is not the intellectual or artistic idea, but the expression of that idea. Examples of IP include: inventions, publications, software, works of art and industrial or artistic designs. At UVic, IP can be created by a member of the university in a scholarly, professional, or student capacity.

The UVic Policy on Intellectual Property governs copyright ownership and use of IP created by members of the university in their university-related work and/or using university resources. Under this policy, faculty, staff, and students own the copyright in works they create through teaching and research. Exceptions are allowed when the terms of a research agreement require different IP terms.

Contracts staff and other members of RPKM work closely to develop IP agreements that set out ownership and licensing arrangements for new and pre-existing intellectual property. To discuss IP related to your research, please contact an Industry Liaison Officer.

Facilities and Equipment Use Agreements

Facilities or equipment use agreements grant access to UVic lab space or research equipment. In some cases, equipment may be loaned by UVic to another party.

Network and Affiliation Agreements

Network or affiliation agreements set out governance and guiding principles for multi-organization projects, including roles and responsibilities of specific collaborating organizations to the network as a whole. They also define guiding principles and parameters for a general research relationship between UVic and another institution.

MITACS

Mitacs Accelerate internships and Mitacs Elevate fellowships allow UVic graduate students and postdoctoral fellows to intern with local businesses and conduct research that has industrial relevance.

For Mitacs program information, including details of available funding and intern/sponsor eligibility criteria:

IP and other Terms and Conditions

At UVic, intellectual property arising from a Mitacs Accelerate or Elevate project may be:

(a) owned by the sponsor in accordance with the ‘Sponsor-Owned Terms’ set out in Appendix ‘A’ of the UVic Mitacs Program Terms, or

(b) creator-owned in accordance with the ‘Creator-Owned Terms’ set out in Appendix ‘B’ of the UVic Mitacs Program Terms, or

(c) owned in accordance with an agreement pre-negotiated between the sponsor and UVic for a special sponsor program having general application to university student/postdoctoral research internships and fellowships.

At application stage the intern, academic supervisor, and sponsor should confirm through the Acknowledgment and Agreement which terms and conditions will apply to the proposed project. In the absence of such confirmation, the ‘Sponsor-Owned Terms’ shall apply. The completed Acknowledgment and Agreement should be submitted to Office of Research Services (located in Michael Williams Building, room B202)with the Mitacs application.

Note: IP created in the first year of a Strategic Fellowship Program will not be considered arising IP belonging to the second year industry sponsor, unless such an arrangement is desired and confirmed by written agreement between the creator(s), UVic and the sponsor – contact contract@uvic.ca if you wish to pursue such an agreement.

Option agreements

If the intellectual property generated from the Project is owned by the creator (see creator-owned terms) and the industry sponsor requires an option for a license to use the Project Intellectual Property for commercial purposes, an option agreement in the form of UVic’s standard Option Agreement for Mitacs projects must be signed by the intern(s), faculty supervisor, industry sponsor, and UVic.  Contact contract@uvic.ca for help in preparing this agreement for signature.

Confidentiality agreements

If the industry sponsor requires a confidentiality agreement, there is a Mitacs -specific Non-Disclosure Agreement (NDA) that must be used. A sample agreement is provided for your information; contact contract@uvic.ca for help in preparing the NDA for signature.

NSERC Engage and Engage Plus

The Engage program of the National Sciences and Engineering Research Council of Canada (NSERC) offers funding to support the development of new research partnerships between academic researchers and Canadian companies.

The initial stage of Engage provides $25k with no requirement of a cash contribution from the industry sponsor.  Following a successful Engage, the participants may apply for further funding under the ‘Engage Plus’ stream where NSERC matches up to $12,500 of the company cash contribution or may continue the research project under other MITACS and NSERC funding opportunities.

Application Instructions

  1. Contact an Industry Liaison Officer (ILO) to discuss the intellectual property (“IP”) which is expected to arise from the project. Under the NSERC Engage terms, the arising IP will be owned by the company, and your use of such IP will be limited. In special cases, the ILO may recommend that you print and complete the Acknowledgment and Agreement to Accept Standard Terms, and obtain signatures from any other UVic researchers who are expected to work on the project (e.g., students) and your company sponsor.
  2. Submit a UVic Research Application Summary Form, any required NSERC forms, and, if required, the Acknowledgment and Agreement to Accept Standard Terms to the Office of Research Services located in Michael Williams Building, room B202.

Term Sheets

Our term sheet template provide a format for researchers to confirm arrangements for a research project with their collaborators and partners. The information in the term sheet will also help summarize the key arrangements relating to the proposed project for staff in the Research Partnerships and Knowledge Mobilization unit.

These term sheets are non-binding and not intended to form a legal agreement. The signatures of the UVic principal investigator and collaborator confirm that the parties recommend the project as set out in the term sheet and will carry out the terms if the project is approved.

Please send a copy of the term sheet to contract@uvic.ca once it has been completed and signed.