2.39          .  The National Research Council    
   Canada, Health Canada, and
   Fisheries and Oceans Canada should
   ensure that they accurately identify
   the intellectual property expected to
   result from their Crown procurement
   contracts and ensure that the
   intellectual property is accurately
   reported.

The National Research Council Canada agrees with the recommendation. The National Research Council Canada’s Procurement Office is already working with the National Research Council Canada’s Central Business Office to review existing procedures in this area with a view to implementing improved practices, training, and guidelines. These improvements are aimed at the National Research Council Canada’s procurement officers as well as the business development officers and scientists involved in contracting throughout the National Research Council Canada’s institutes, programs, and branches. The result will be the accurate identification of intellectual property arising under contracts as well as the proper management and exploitation of such intellectual property. We expect all improvements to be in place by November 2009.

NRC’s Contracting Office has been active in revamping its practices to address these issues.  In particular, this Office has changed its process for handling contracts where Project Authorities identify that IP may be produced.  When this happens (and several instances have taken place), NRC’s corporate business office, Central Business Support, is asked to become involved.  The business office determines whether IP is indeed expected to result and also ensures that appropriate contractual language is used.

An NRC Patent Agent designed and delivered a tailored training session for relevant Procurement staff last spring.  This training session outlined the main aspects of IP in contracts and explained how to handle all the various situations that might arise.  As a result, staff are now sensitized to the issues and know how to resolve IP questions and issues and who to call for difficult questions.

NRC is examining ways of tracking IP from contracts as part of its overall review of contract tracking. 

On Track