OAG Recommendation

DFO Response

Progress to Date

Outstanding items

Expected completion date

2.39

Natural Resource Council (NRC), Health Canada (HC) and Fisheries and Oceans Canada (DFO) should ensure that they accurately identify the Intellectual Property (IP) expected to result from their Crown procurement contracts and ensure that the intellectual property is accurately reported

DFO agrees with the recommendation. Over the next 6-12 months, DFO will ensure that IP generated through Crown Procurement contracts is identified and accurately recorded in DFO's Financial System and reported to Central Agencies.  The Department will ensure that IP is properly identified in all contract documents.

DFO has developed an IP Management Policy which includes requirements to address this recommendation. This Policy became effective in November 2009. 

The Policy includes provisions for providing training and outreach to DFO employees to ensure improved understanding and implementation of IP management within DFO.

DFO to establish an Intellectual Property Office (IPO) (using existing resources) which will act as the centre of expertise for managing Departmental IP

April 2010

2.41

When the Crown takes ownership of the IP produced as the result of a contract, HC and DFO should justify this decision using the exceptions provided for in, and required by, the Policy on Title to IP Arising Under Crown Procurement Contracts

DFO agrees with the recommendation.  DFO will fully support and record all Crown IP ownership decisions.  Over the next 6-12 months, DFO will implement measures to ensure that where it wishes to invoke one or more exceptions toward claiming Crown ownership of IP arising under Crown procurement contracts, it will state and justify the exceptions as per Treasury Board (TB) Policy on Title to IP Arising Under Crown Procurement Contracts.  DFO will work with Public Works and Government Services Canada (PWGSC) to ensure accurate reporting.

This requirement has been addressed in the DFO IP Management Policy.

The IP policy stipulates that all procurement contracts must comply with the Policy on Title to IP Arising Under Crown Procurement Contracts; it includes detailed procedures covering all phases of the contracting process as it relates to IP ownership, and for ensuring that Crown rights are asserted in accordance with the TB policy.

Implementation of the procedures

March 2010

2.48

HC and DFO should state in both the documents soliciting bids and in the contract itself who will own the IP, including the exception invoked when the Crown decides to take ownership of the IP expected to result from the Crown procurement contract. These departments should also ensure that the Crown’s ownership and/or licensing rights are protected in sub-contracts where applicable.

DFO agrees with the recommendation.  DFO will implement measures, over the next 6-12  months, to ensure that:

• documents soliciting bids and corresponding procurement contracts state whether IP arising under contracts will be vested in the Crown, or owned by the contractor to ensure that the Crown’s ownership and licensing rights are protected;
• in cases where the Crown elects to own the IP, these exceptions will be set out in those documents and recorded in DFO's Financial System for reporting purposes. The Project Authority of these contracts will also ensure the protection of this Crown-owned IP; and,
• Crown ownership and/or licensing rights are protected / secured in sub-contracts, where applicable.

DFO will include standardized IP clauses in all procurement contracts.

This requirement has been addressed in the DFO IP Management Policy.

Same response as above.

Implementation of the procedures

March 2010

2.54

HC and DFO  should develop and approve a department-wide IP policy; including guidelines for licensing and commercializing IP

DFO agrees with the recommendation.  DFO has created a working group to expedite the development of a DFO IP Policy for managing, licensing and commercializing IP and comply with the TB “Policy on Title to Intellectual Property Arising under Crown procurement Contracts”.  Guidelines supporting implementation to the Policy will also be developed.  The Policy and the guidelines should be completed in fiscal year 2009‑10.

DFO has developed an IP Management Policy which includes requirements to address this recommendation.  This Policy became effective in November 2009. 

Guidelines supporting implementation of the Policy are under development

April 2010

2.60

HC and DFO should establish a mechanism to ensure that inventions are adequately identified and disclosed

DFO agrees with the recommendation.  DFO will develop a Departmental IP Policy that will include measures to identify inventions and other IP arising from Crown procurement contracts awarded by DFO or by PWGSC on behalf of DFO.  DFO will develop guidelines consistent with the DFO IP Policy, which will incorporate measures to ensure that in-house inventions and other IP are adequately identified and disclosed.  DFO will implement the guidelines immediately following their approval, and ensure that they are understood by all managers.  As the Policy and guidelines will be completed in fiscal year 2009-10, implementation will be initiated subsequently.

DFO has developed an IP Management Policy which includes requirements to address this recommendation.  This Policy became effective in November 2009. 

The Policy includes provisions for providing training and outreach to DFO employees to ensure improved understanding and implementation of IP management within DFO.

Guidelines supporting implementation of the Policy are under development

April 2010

2.63

HC and DFO should ensure that Crown-owned copyright material that has potential IP value is properly disclosed

DFO agrees with the recommendation.  DFO will ensure that mechanisms are in place to ensure that Crown-owned copyright assets that have potential value can be properly disclosed.  DFO’s Canadian Hydrographic Service (CHS) data and data products are disclosed automatically upon incorporation in data management systems, which are used by CHS to process the data and create data products.

DFO intends, over the next 6 to 12 months, to raise awareness among staff on the potential value of IP associated with scientific papers, including software and data products that are subject to copyright and technology that might be disclosed therein.

It is believed that enhanced awareness among staff on the potential value of IP will substantially contribute to addressing the recommendation as staff would generally be better informed and more cautious about publishing any copyright material that might jeopardize the commercialization of the copyright material or of any invention described therein.

DFO has developed an IP Management Policy which includes requirements to address this recommendation.  This Policy became effective in November 2009. 

The Policy includes provisions for providing training and outreach to DFO employees to ensure improved understanding and implementation of IP management within DFO.

Guidelines supporting implementation of the Policy are under development

April 2010