84 Other Employees A letter of offer of employment must be sent by sdaferv

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									Policy on Contract Research - Individuals Receiving Income from Contract Research            ______________


8.4     Other Employees

A letter of offer of employment must be sent to all employees paid from a research contract who will be
directly involved in the technical and scientific content of the project.

The offer of employment must state the period of employment, duties, salary, expectations regarding
patents and copyrights and any other pertinent information deemed necessary by the PI.

There may be no commitment to continue employment beyond the terms of the contract. See Appendix E
for details.

8.5     Students

Provision may be made for students to participate in contract research projects with the approval of the
Department Chair, but their involvement must be in a way which does not conflict with their activities
towards degree requirements. They must be advised beforehand of any limitation of publication rights,
and an appropriate provision for remuneration must be included in the budget of the research proposal.

If the work performed on the contract is directly related to a student's thesis or dissertation, written
approval must be obtained from the sponsor guaranteeing the student's right to publish the thesis, prior to
signature of the contract.

All students directly involved in the technical and scientific content of a research contract must be issued
a letter from the PI of the Project, as per Section 4 - Other Employees. The letter must include a
description of any limitations on publication rights. A copy of this letter should be forwarded to the
OOR.

The number of hours which a student works on a contract should be recorded. All students are considered
part-time employees.


9.      INTELLECTUAL PROPERTY

Intellectual property includes, but is not limited to processes, formulations, technical information, reports,
photographs, drawings, plans, specifications, models, prototypes, inventions, patterns, samples, software,
designs or know-how, whether or not protected by patent, copyright, industrial design or trade secret law.

Contract research presents a challenge to protect the interests of the sponsor and, at the same time, the
spirit of free enquiry, which is the hallmark of university research. The University is prepared to accept
limitations on publication of results and a distribution of other proprietary rights provided that these
limitations and distributions are set out clearly in the proposal and the resulting contract, and have been
approved by the appropriate Department Chair and Dean.

In cases involving intellectual property belonging in part or in whole to a third party, written permission
to use such information prior to entering into any contractual agreements must be obtained.




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_________________________________________________Policy on Contract Research - Intellectual Property


9.1     Ownership of Results

The ownership of the research results is to be negotiated on the basis of the value of the compensation
received. Arrangements may vary. In some instances, the sponsor may obtain outright title (subject to
the researchers’/university's right to publish); in other instances, the sponsor may obtain the right to a
license, or the University may retain an interest in the commercialization of the results. The University
has an equity in any invention that is developed in the course of University activities supported by funds
or utilizing facilities administered by the University.

Where the University has entered into a contractual research agreement with government agencies,
commercial corporations or other bodies whereby intellectual property rights are ceded to such
organization, the University will charge a reasonable royalty on financial returns, as determined by
market norms.

Contract research activities may result in the disclosure of patentable inventions. Proprietary rights to
such inventions will be governed by the terms of the contract. In cases where the University retains a
right to such inventions, the University procedure and the article on Patents and Copyright in the CUFA
Collective Agreement will apply.

Ownership of data by students and other employees working on a research contract will be defined by the
conditions of the research contract. If the work is anticipated to have commercial possibilities, it is
recommended that the parties involved agree in writing beforehand on the sharing of any financial
returns.

Notwithstanding ownership of the intellectual property by a sponsor, the University will retain a non-
exclusive royalty-free licence to use all intellectual property stemming from contract research for the
University's research and educational purposes.

9.2     Publications

The University reaffirms that one of the main purposes of University research is the discovery and
dissemination of new knowledge. Therefore, University research which is pursued under conditions that
restrict publication either in terms of content or beyond limits described in this Policy will be considered
unacceptable.

The University expects that research results will normally be published without any time restrictions.
However, the University accepts delays that may be requested or required for valid reasons, normally
three months. In exceptional circumstances and where there is virtually no student involvement, the
University will accept a delay of up to 18 months in the publication of research results. Where a student
is employed on a research contract and where this work constitutes a portion of the degree requirements,
publication of research results shall not be delayed for a period exceeding six months.

All publication deferrals beyond the normal limits must be approved by the Provost and Vice-President,
Academic Affairs.

Students who choose to become involved in contract research must be informed of, and agree by
signature to, the terms of the contract, including any stipulations regarding confidentiality and
publication.


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Policy on Contract Research – Publications________________________________________________________


9.3      Intellectual Property Revenue

In recognition of the fact that the University is the employer of the researchers and the provider of the
resources with which the contract research can be performed, it is reasonable that the University receive a
fair part of revenues which may accrue from the commercialization of research results.

The PI will disclose to the University any revenue-generating development that ensues from a research
agreement.

Net revenues 2 that the University derives from intellectual property will be used to support research
and/or development of teaching material. The distribution of net revenues will recognize the inventor(s)
as well as the faculty, department or laboratory where the development originated. The distribution will
be as follows:

                                       50%                 Inventor(s)
                                       30%                 Department, Centre or Laboratory
                                       20%                 University


10.      CONFLICT OF INTEREST

Faculty members are expected to respect the provisions of the CUFA Collective Agreement, and the
guidelines contained in the Concordia University Code of Ethics as well as any other relevant policies
with respect to conflict of interest.


11.      REPORTS AND COMPLETION OF CONTRACT

11.1     Research Reports and Deliverables

All contracts must specify the frequency of, or the dates on which deliverables, progress or final reports
are required. The PI is responsible for the preparation, content, style number, delivery, and timeliness of
all reports and deliverables, except financial reports, in accordance with the provisions of the contract.
One or more copies should be retained by the PI.

 ♦         Progress Reports

A copy of the cover letter and title page of each progress report must be submitted to the I&P unit of the
OOR to ensure that the University is fulfilling the contract requirements 3 .




          2Net revenues mean royalty, licensing and other income received from the assignment or licensing of the rights to
an invention, less the legal and other fees incurred in the process of establishing and maintaining the legal protection of
those rights.
          3Should the deliverable not be in the format of a report, the faculty member will provide the I&P unit of the OOR
with written notification of the date and method of delivery (e.g., courier, hand-delivery, etc.).



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