Guiding Principles for Intellectual Property Rights Policy

Knowledge

Knowledge generation is the primary mission of the university research system and should not be driven by market policies. The academic pursuit of knowledge should be recognised as serving and benefiting society as a whole. For academic knowledge and innovation to thrive it must be guided by the spirit of cooperation. Corporate-style competition and secrecy hinders innovation and is counter to the principles that have guided research within the academy for over a century. The development of academic knowledge and innovation can only be guided by the spirit of cooperation.

 

Academic Freedom

Research in public post-secondary institutions should be carried out with the expressed purpose of expanding the frontiers of knowledge. This can only be achieved if the researcher enjoys unhindered academic freedom.

As such, all intellectual property rights policy should make explicit reference to academic freedom and specifically highlight the supremacy of academic freedom as a principle when dealing with intellectual property.

Academic freedom:

Academic freedom includes the right, without restriction by prescribed doctrine, to freedom of teaching and discussion; freedom in carrying out research and disseminating and publishing the results thereof; freedom in producing and performing creative works; freedom to engage in service to the institution and the community; freedom to express freely one’s opinion about the institution, its administration, or the system in which one works; freedom from institutional censorship; freedom to acquire, preserve, and provide access to documentary material in all formats; and freedom to participate in professional and representative academic bodies. Canadian Association of University Teachers

 


Contractual and Legal Obligations

The responsibility of informing workers and students of the specific intellectual property rights policy or framework they are working under lies with the institution and supervisors.

Full disclosure of all relevant sections of contracts should occur before workers or students sign a contract for employment or for research grants. Contracts dealing with intellectual property rights should be defined by and adhere to institutional intellectual property rights policy.

All researchers should be advised, before the signing of a contract of employment or receiving a grant, of any regulations or restrictions on the reporting of results including in thesis defence or publications that result from other contracts signed by the supervisor or institution.

 

Access to information

Researchers at public post-secondary institutions should have equitable, timely, and open access to knowledge and information. The ability to access information should not be determined by the institution they attend or undermined by a private or public funding research agreement or contract.

Intellectual property rights should not impede a researcher’s ability to access knowledge for research or the completion of their degree.

There is an intimate link between research and teaching in universities. As such, students should be able to benefit from all new knowledge and information as it is produced by researchers in post-secondary institutions.

 

Attribution

Researchers should enjoy the right to be recognised for their contributions to the pursuit, development and/or application of knowledge and information.

Researchers should be able to focus their research on expanding the frontiers of knowledge, while enjoying the freedom of thought and expression, and the freedom to identify methods by which problems are solved, according to recognised ethical principles and practices.

Co-authorship should be viewed positively and as evidence of a constructive approach research attribution.



Whistleblowers

Researchers should be able to call attention to research misconduct and uphold the principles of academic integrity without fear of retaliation from individuals or institutions. Adequate whistleblower protection for students, researchers, and workers is necessary to maintain the integrity of university research and should include anonymous reporting and a clearly defined appeals process.