Intellectual Property Rights and Procurement Opportunities
This page describes the typical rights of the Province and the contractor to intellectual property when the Province buys goods, services and construction under contract.
Intellectual property rights refer to the rights of an owner to something that is a creation of the mind. Consider a fictional novel as an example. Anyone can purchase the novel and own the physical book. However, the author’s creative story being told in the book is the intellectual property.
Intellectual property rights are often described in contracts. The Province’s contracts usually include clauses that identify the intellectual property that will be owned by the Province and that which will remain with the contractor or a third party.
Vendors who will create or provide intellectual property in the course of providing goods and services to the Province are encouraged to review and understand the related clauses in the contract before submitting a proposal or bid to a competitive solicitation.
More information can be found at Intellectual Property.
Intellectual Property In Government Contracts
From a vendor perspective, it is important that you be aware of intellectual property provisions in the corporate General Services Agreement (GSA) contract templates. These templates are used across government for many types of contracted services, and state that the Province will own the intellectual property created by the contractor as part of the contracted services. Ownership of intellectual property provided by the contractor that existed prior to the contract remains with the owner (i.e., the contractor or a third party), but is licensed back to the Province on the terms contained in the contract. Refer to Intellectual Property in Contracts for more information.
Other formats of government contracts are also used, which may or may not use similar wording to the GSA.
In addition to intellectual property rights, such as copyright, the Province’s contracts also address moral rights, which are personal rights of the author. The GSA contract templates, and other government contracts with similar intellectual property provisions, require a waiver of moral rights from the individual authors who create deliverables that include intellectual property under the contract. Refer to waiver of moral rights for more information.
What If I Don’t Agree With the Intellectual Property Rights Clauses?
Refer to Asking Questions and Contract Formats in Solicitations for information on what you should do if the Province’s treatment of intellectual property rights (or any other contract clause) in a solicitation document is problematic for you. Be sure to ask your questions well in advance of the solicitation closing date, to give the Province time to consider your request.