Intellectual Property Policy

To outline Seneca Polytechnic's position on the creation and development of intellectual property (IP) within Ontario's polytechnic/college system, and the ownership of, and right to use, such IP.

This policy applies to all IP made, created or developed on behalf of Seneca and/or by Seneca students and/or employees.

Content recorded on audio or video tapes/discs and/or in videoconference platform cloud accounts, developed or created during classroom activities by an employee.

When the creator or owner of an original work has the exclusive right to copy, produce, reproduce, perform or publish the work or a substantial portion of the work. Examples include, but are not limited to, literary, dramatic, musical and artistic work, such as a scholarly work, compilation, book, pamphlet and other writing, lecture, dramatic or dramatico-musical work, translation, illustration, sketch and plastic work relative to geography, topography, architecture or science.

Individuals or groups of individuals who invent, conceive, reduce to practice, develop, create, discover, make, improve, author or make a substantive intellectual contribution to the creation of intellectual property, including, but not limited to, artists, authors, designers, inventors, as well as similar designations as defined in law and used in practice.

All Seneca employees.

Inventions, works, designs, concepts, ideas, methods, processes, techniques, know-how, trade secrets, technical information, data, formulations, compositions of matter, models, drawings, blueprints, schematics, photographs, plans, prototypes, algorithms, applications, computer software in any expressed form (including source code and object code), screen layouts, graphical user interfaces, "look and feel" design elements, icons, systems, specifications, compilations, and software architecture, as well as any and all IP Rights associated with any of the foregoing.

Patent rights, rights to inventions, utility models, copyright and related rights, rights in designs, rights in computer software, database right, topography rights, rights in confidential information (including know-how and trade secrets) and any other IP rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Written agreements between Seneca and third parties, in which Seneca grants the third parties the right to use materials proprietary to Seneca (or IP owned by others, and for which Seneca has the right to license or sublicense) upon terms and conditions set out in the written agreements.

A creator of a work protected by copyright has the right to the integrity of the work and the right to be associated as a creator of the work by name or by pseudonym, or to remain anonymous. 

When employees have opportunities to expand their knowledge and experience to meet the current and future needs of Seneca and its students and where the purpose and intent of the leave is aligned with Seneca's Strategic Plan.

Works protected by copyright that are the result of scholarship, learning and research, such as a paper in a peer-reviewed journal, an article in a trade journal or a textbook intended for students.

Funding provided or administered by Seneca and/or facilities owned, operated or administered by Seneca.

1. Except as otherwise stated in Section 2 of this policy or as agreed in writing by Seneca, Seneca will be the exclusive owner of all IP that is created:
   • by an employee in the course of their employment or engagement with Seneca
   • by an employee outside the course of their employment using Seneca resources
   • by an employee during a professional development leave approved by Seneca
   • by an employee, where such IP has been specifically commissioned by Seneca and/or is developed as an assigned or agreed-upon portion of their workload 
   • by a student who is paid by Seneca to create such IP
   • by a student who uses Seneca resources to create such IP and
   • by a person (who is not an employee or a student) who has been engaged by Seneca to create IP
2. Seneca will be the exclusive owner of all IP rights to classroom recordings.
3. In determining whether IP has been created by an employee in the course of their employment or engagement, Seneca may take into consideration whether the employee created the IP on Seneca premises or used Seneca resources to do so, and whether Seneca has remunerated or compensated the employee for the creation of the IP.
4. In instances where Seneca owns the IP created by a creator, the creator will assign their rights to Seneca and at the request of Seneca, will take all actions necessary to evidence the transfer of such rights to Seneca or to enable Seneca to obtain, maintain, defend and enforce any IP rights.
5. Seneca does not claim ownership to IP rights for any works that embody demonstrated or historical Indigenous knowledge.

1. Where an employee creates IP outside the course of employment with Seneca, without using Seneca's resources, the employee will be the owner of the IP.
2. Learning materials created by an employee that have not been specifically commissioned or agreed upon by Seneca, and/or not developed as an assigned or agreed-upon portion of their workload, are the property of the employee.
3. Where an employee creates IP while on a prepaid leave program other than professional development leave, without the use of Seneca resources, the employee will be the owner of the IP unless otherwise agreed to by the employee and Seneca.
4. The creator of a scholarly work will be the owner of all IP rights in and to such scholarly work.
5. Except otherwise stated in Section 1.1, a student who creates IP will be the owner of such IP.

1. Seneca will take steps to appropriately acknowledge and respect the moral rights of a creator in a work protected by copyright. 
2. Moral rights may be waived in whole or in part, but they cannot be transferred to others.

1. Seneca retains the right to commercialize any IP which it owns and may, but is not obliged to, consult with the creator(s) on the best means for commercialization. 
2. Where Seneca receives revenues in connection with the commercialization or exploitation of IP of which it is the owner, Seneca may enter a revenue sharing relationship with the creator(s). 
3. In the event that Seneca does not wish to commercialize the IP which it owns, the creator of the IP may, with Seneca's written approval, pursue opportunities to exploit the IP and negotiate with third parties on behalf of Seneca to commercialize the IP, with Seneca being a party to any resulting agreement and entitled to share in the revenues contemplated.

1. The adoption and inclusion of any IP owned by an employee into any Seneca course material will be made only with the prior approval of the appropriate Seneca administrator in accordance with Seneca's Conflict of Interest Policy.

1. Permission to make classroom recordings should be sought from the appropriate professor(s) and students in accordance with the Recording Lectures and Educational Activities Policy before making such recordings, and permission will not be unreasonably withheld. 
2. Classroom recordings will only be used for authorized purpose(s) pursuant to the Freedom of Information and the Protection of Privacy Act, and in accordance with the Recording Lectures and Educational Activities Policy.

1. Where an employee wishes to use Seneca resources to create IP outside the course of their employment, the employee will inform Seneca prior to using the Seneca resource.
2. Seneca and the employee will enter into a written agreement governing the use of the Seneca resources and setting out, at a minimum, the respective rights of Seneca and the employee in and to the IP related to ownership, use, commercialization and exploitation and other terms relating to the sharing of risk and revenue by the employee and Seneca from the exploitation or commercialization of such IP.
3. Where a student wishes to use Seneca resources to create IP outside of their course requirements, the student will inform Seneca prior to using the Seneca resources. 
4. Seneca and the student will enter into a written agreement governing the use of the Seneca resources and setting out, at a minimum, the respective rights of Seneca and the student in and to the IP (including terms relating to ownership, use, commercialization and exploitation), and where appropriate, other terms relating to the sharing of risk and revenue by the student and Seneca from the exploitation or commercialization of such IP.

1. Seneca encourages employees to create IP during professional development leaves.
2. Any application or request for a professional development leave will be accompanied with, or contain a statement in the following form, signed by the employee and their supervisor:
   "In compliance with Seneca's Intellectual Property Policy, Seneca will be the exclusive owner of the intellectual property rights in any work described in this document and created by the applicant. If the work is exploited and generates revenue, the applicant and Seneca will share the net profit on revenue generated".

1. Where Seneca owns the IP, the creator will have a non-exclusive right to use the IP for internal education purposes only and only during such time as the creator remains employed or engaged by Seneca.
2. All licensing agreements and other agreements dealing with IP falling within the application of this policy (whether owned by Seneca, a student, an employee or another person) will retain the right for Seneca and its employees, to use the IP for internal.

1. Seneca has the right to be recognized or acknowledged in, or in association with, any IP by a student, employee or another person, but can choose not to be associated with such IP.
2. Where Seneca is the owner of copyright in a work, the following copyright notice will be displayed in a conspicuous place on any publication thereof:
   “© [year of publication] Seneca College of Applied Arts and Technology.”

1. Seneca's Applied Research Office assists employees with issues related to IP and ensures that there is consistency in how issues related to IP, including but not limited to how ownership and commercialization are approached, and how resulting decisions are made.
2. The Applied Research Office serves as a resource centre for IP precedents, including license agreements, technology development agreements, and revenue sharing agreements.

• None

• Conflict of Interest Policy
• Recording Lectures and Educational Activities Policy
• Professional Development Policy

• Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31

Approval Date: February 2018

Last Revision:  October 2024