Guidance on IP Reporting (Inventory)

Below is guidance on what to include in your response to the annual intellectual property (IP) report request, which is mandatory per section 8.5.2 of the ESDC IP Management Policy. The iService site of the Intellectual Property Centre of Excellence (IPCOE) has other materials to help you manage IP.

Most IP at ESDC consists of copyright. To learn about what copyright protects, please review the federal website: What Types of Works are protected? We will also discuss this topic during a WebEx session about this annual inventory process.The list of types of deliverables may be helpful.

  • I. Inventory scope: What is included?

    You must include new IP items created or purchased in FY 18-19 (April 1, 2018 until March 31, 2019) and have the appropriate DG or ADM sign the checklist (provided with call letter).You may optionally report other older IP that was previously overlooked.

    Category 1, IP from contracts

    This data will be analysed by our team, and, if needed, we will contact you for additional information on a case by case basis.

    Category 2, Full IP reporting

    Report all IP (whether high value, important, or not) of these 4 types, using the Excel template (XLXS, 15.5 KB).

    • Web-based services and accounts purchased with the Acquisition Card - for example, accounts for subscriptions, photos or multimedia
    • IP that pertains to software or technological tools
    • Assignments of ESDC IP (i.e. ESDC transferred its IP ownership to a third party)
    • Official marks and trademarks (List of existing ESDC official marks (DOCX, 244 KB))

    Category 3, High value or important IP

    For these 4 IP types, use the Excel template (XLXS, 15.5 KB) to report IP of high value or importance. If in doubt, include rather than exclude an item, or contact IPCOE.

    • IP created by ESDC employees (e.g. ESDC-made training courses)
    • Collaborative agreements creating IP(e.g. Gs&Cs or interdepartmental agreements/ILAs)
    • Government publications, including web publications
    • Other high-value or important IP that your management wishes to report (optional)

    "High value IP" includes all IP valued over $25,000. "Important IP" includes all IP that ESDC will use on an ongoing basis, and all IP ESDC will share outside the department. Examples include:

    • Not important: A specialized report with a small target audience, to be used only for that file during one or two fiscal years. (Note: The report may still be high value IP).
    • Important: A deliverable, or a new employee-made work, that ESDC will use on an ongoing basis internally, or share outside the department (such as a newly made training course).
  • II. Category 1 (contracts): No action unless specifically requested

    A report of existing contracts will be reviewed by IPCOE. Should additional information be required, you will be contacted.

  • III. Category 2 and Category 3: Complete the Inventory Table

    This section explains how to complete the columns in the Excel template (XLXS, 15.5 KB) for non-contract IP that falls within the inventory's scope.

    A. IP Type

    Select a drop-down choice.

    1. External copyright: select if the work was shared outside ESDC (e.g. with a province or an OGD, or materials put on a website).
    2. Internal copyright: select if the work was not shared outside ESDC.
    3. Internal & external copyright: for major projects that produced both external and internal IP.
    4. Official mark: see the definition in the ESDC IP Management Policy.
    5. Other: describe (e.g. trademark, if your Branch/Region filed new marks last year – rare at ESDC).

    B.  Description

    This is a free text field. Type a description of the IP.

    • Include a description of the IP and services(e.g. subscription, iPhone app, research report).
    • Could include project name.
    • Could include partner name or third party name (if it is an agreement).
    • Could include any other desired details, such as a reference number.

    C. Deliverable

    Select a drop-down choice. If various types apply, the choice should reflect the main purpose/product.

    1. Audio or video
    2. Coding (the development of programs/software)
    3. Data (purchase of statistics, creation of a database, etc.)
    4. Form (for example, the creation of new forms/templates)
    5. HR (if the purpose was to deliver HR services)
    6. Photo (photographic and image services)
    7. Report (any written deliverable not otherwise categorized)
    8. Research (for example, academic researchers)
    9. Software (pre-existing programs, applications, etc.)
    10. Training (if the purpose was related to training material)
    11. Translation (of any items)
    12. Website (coding, multimedia services for web, etc.)
    13. Other (not otherwise categorized)

    D. IP Owner

    Select a drop-down choice.

    1. Private sector: select if a private individual or private sector organization owns the IP rights.
    2. ESDC: select if ESDC owns the IP rights.
    3. Other: if neither of the above applies, such as for co-ownership or provincial/OGD ownership.

    E. Licenses (from the IP owner, to ESDC)

    Select a drop-down choice. A license is a permission granted in writing by an IP owner to a third party, authorizing them to use certain IP.

    1. Annual: select if the license is to be renewed annually.
    2. Perpetual: select if the licence has no expiry/end date.
    3. Various: select if there are multiple licenses of different durations.
    4. N/A: most common if ESDC (D.ii. above) owns the IP. (ESDC does not need a license to use IP that ESDC already owns.)

    F. Branch

    This is a free text field. Type your Branch or Region name (acronym is fine), for ESDC roll-up purposes.

    G. Manager

    This is a free text field. Type the full name of the ESDC manager responsible to manage this IP.

    • The appropriate level of employee to name can be determined by your organization
    • This could range from a funds centre manager to a Director General
    • Think about this: If you or IPCOE had a question, who would you phone?
    • Please aim for some consistency in the levels of employee listed within your report.

    H. Author

    Select a drop-down choice.

    1. ESDC employee: select if solely ESDC employee(s) created the IP. (Do not use for contracts or Gs&Cs. This would mean the third party did not contribute to the deliverables.)
    2. Third Party: select if solely third party/parties created the IP (for example, contractors, partners, recipients).
    3. Both (Co-Authored): select if ESDC employees and third parties (e.g. contractors, provinces, non-profit organizations, and grant recipients) together created the IP.

    I. Year

    Date (YYYY): Indicate the year when the IP was created.

    • If the year when the work was created is known and readily accessible, use it.
    • If needed, you can use the year that the related agreement was signed or the year it expired.