Evaluation of the Policy on Title to Intellectual Property Arising Under Crown Procurement Contracts

Recommendation 1:

To improve the monitoring and implementation of the Policy, IC and TBS should clarify roles and responsibilities with respect to the Policy within three months. Consistent with the Policy, monitoring should focus on cases where exceptions were invoked.

Agreed. Industry Canada will work with the Treasury Board Secretariat to clarify roles and responsibilities with respect to the Title Policy.

Action Plan:

Industry Canada will engage Treasury Board Secretariat officials in discussions with the goal of clarifying the respective roles and responsibilities of each organization.

Recommendation 2:

Once the roles and responsibilities have been clarified, the agreed upon department(s) should:

1. Encourage Departments to maintain appropriate documentation in contract files to justify IP ownership exceptions;
2. Encourage Departments to review the quality of data to be included in the GWPRS IP Report;
3. Advise Departments when they have reported high IP retention rates or the use of an exemption without Treasury Board approval;
4. Share the results of the annual analysis of the GWPRS IP Report with Departments through appropriate forums;
5. Enhance the Implementation Guide to provide additional clarity; and
6. Identify best practices used by Departments and share these best practices through appropriate forums.
7. Review IP retention rates one year after implementation of actions, and if a higher than expected use of exceptions still exists assess the appropriateness of their use and take appropriate action if required.

Agreed. A-D+G: Industry Canada will use forums such as the Assistant Deputy Minister Committee on Science and Technology (ADMCST) and the Federal Partners in Technology Transfer (FPTT) to encourage departments and agencies to maintain appropriate IP ownership documentation in contract files, review the quality of their data submitted to PWGSC, share the results of the annual GWPRS IP report, and share a summary of the report findings on IP retention rates. However, it should be noted that both the ADMCST and FPTT are policy and technology transfer forums, and the use of other groups, such as the contracting community, may be necessary.

Action Plan:

Industry Canada will encourage departments and agencies to maintain appropriate documentation to justify IP ownership, and improve the quality of data by sharing and discussing the results of the evaluation with ADMCST and FPTT.

November 2011 (or closest ADMCST and FPTT meetings)

After receiving the report from Public Works and Government Services Canada (PWGSC) in the fall of each year, Industry Canada will share and discuss the findings from the annual GWPRS (Datacap) report with ADMCST and FPTT members, and provide a summary of these findings advising them of their retention rate.

Agreed. E-F: Industry Canada will work with departments and agencies to improve the implementation guide by providing clarity on the appropriate use of exceptions. Industry Canada will also request that departments and agencies who participated in the evaluation share their best practices through forums such as ADMCST and FPTT.

November 2011 (or closest ADMCST and FPTT meetings)

Action Plan:

Implementation Guide

In consultation with Justice Canada and other relevant organizations, Industry Canada will review the existing implementation guide and identify improvements.

Best Practices

Industry Canada will contact departments that participated in the evaluation who were identified as having best practices and ask for their permission to share these via the ADMCST, FPTT or other appropriate groups.