Potential for Commercialization of Intellectual Property arising under Crown Procurement Contracts

Procurement Bulletin 2015-3
March 2015

Treasury Board has revised the Policy on Title to Intellectual Property Arising Under Crown Procurement Contracts.

As of April 1, 2015, the Policy requires ESDC to identify whether there is the potential for “commercial exploitation” of the intellectual property (or IP) produced under each relevant contract. This must take place before the contract can be issued and signed, so that ESDC can comply with the reporting requirements of the revised policy.

Since the question is about “IP produced under a contract,” it only applies to contracts that actually produce IP (such as most professional services contracts). It does not apply to purchases of existing prepared items (such as office supplies).

The question is a yes-or-no matter. Therefore, when you request a procurement contract that will produce IP, the CFOB Procurement Specialist assigned to your Purchase Requisition in myEMS may ask you this yes-or-no question.

The Intellectual Property Centre of Excellence (CFOB) has reviewed ESDC’s most common types of purchases and shared information with the CFOB Procurement Specialists. We have determined that in the vast majority of ESDC contracts, the answer to this question will likely be “no.” There will be certain limited cases where the answer is “yes.”

For guidance on choosing the correct option, you may read the Industry Canada implementation guide. It contains a list of questions. Overall, consider: are there actual or potential buyers or other revenue sources for the IP (other than ESDC’s own use of the IP)?

To get additional guidance, discuss the matter with the Procurement Specialist assigned to your Purchase Requisition.

Additional resources on IP Management, including the ESDC IP Management Policy, are available on the IP Centre of Excellence iService site.

Distribution :

1. Branch IP Contacts
2. Requisitioners
3. Contracting & Procurement