Innovate Calgary prefers to license its rights in intellectual property because Innovate Calgary can include provisions in the license agreement to promote the continued development of the intellectual property by the licensee (such as: requiring to achieve product development milestones, make premium payments to Innovate Calgary, etc.).
However, according to the University of Calgary's intellectual property policy, in most cases, University of Calgary inventors own the intellectual property they create. Thereby, Innovate Calgary may assign its rights in intellectual property to a company founded by the inventors of that intellectual property.
Innovate Calgary's legal name is UTI Limited Partnership. UTI Limited Partnership operates under the brand name of "Innovate Calgary". The agreements refer to UTI Limited Partnership because UTI Limited Partnership must use its legal name when entering into agreements.
Protectable matter includes: works, inventions, marks, and other subject matter (sound recordings, communication signals, and performer's performances) that may be protected by patent, copyright, trademark, trade secret or other intellectual property laws.
A trademark identifies the source of a good or service, rather than naming it. A trademark is a sign (or combination thereof) that is either used or proposed to be used by someone to distinguish, or for the purpose of distinguishing, goods or services made by that person from those made by others. Certification marks are also trademarked. They indicate the source of a good or service as emanating from a prescribed standard. Geographical indications are not trademarks, but are protected by the Trademark Act as an indicator of the geographical source of a product.
Innovate Calgary facilitates the commercialization of intellectual property developed at the University of Calgary. As such, Innovate Calgary's knowledge of that intellectual property is based on the information that the inventors provide to Innovate Calgary.
Furthermore, the intellectual property developed at the University of Calgary is the product of non-commerical research and educational activities. That intellectual property most likely has not been used at a commercial scale, and if a company wants to attempt to commercialize that intellectual property, then it may learn that the intellectual property is not suitable for development into a commercial product or service.
The company must carry insurance in amounts and on terms that are satisfactory to Innovate Calgary in order to support the company's obligations to indemnify Innovate Calgary and the University of Calgary.
As soon as you believe a unique innovation is created, or a discovery is made that has potential commercial interest or value, submit a disclosure.
Copyright exists in original literary, dramatic, musical and artistic works, as well as other subject matter provided that they meet certain legal requirements. The copyright owner has the exclusive right to conduct and authorize various arts including first publication of a work, reproduction of a work, and public performance of a work. Owners also hold exclusive rights to the making of derivative works and other acts such as fixing an unfixed performer's performance of a work in a material form. In rare instances, Innovate Calgary may register copyrights, but in most cases, registration is not required.
The commercialization of intellectual property cannot interfere with the University of Calgary's role as a public post-secondary educational institution.
Therefore, when Innovate Calgary enters into an intellectual property commercialization agreement, Innovate Calgary will require the right for itself and the University of Calgary to: (a) use that intellectual property for non-commercial research, teaching and other educationally-related purposes, and (b) publish the results of that non-commercial research.