Commercialization and Revenue Sharing

Justice Institute of BC (JIBC) owns the intellectual property in all works created by JIBC Employees unless there is a written agreement approved by JIBC.

1. JIBC Members (Faculty, employees and students) may voluntarily assign or transfer their interest in intellectual property to JIBC to enable JIBC to assist with commercialization, or for other purposes mutually agreed to; and JIBC, may accept such assignment or transfer and thereafter may transfer or license its ownership or interest to third parties.
2. If JIBC owns the intellectual property and elects not to pursue commercialization, then JIBC may, in its sole discretion, agree to transfer its interest in the intellectual property to the creator(s), subject to such terms and conditions as deemed appropriate by JIBC.
3. If commercialization is anticipated and there is more than one creator, a written agreement among the creators regarding ownership and revenue sharing should be concluded before negotiations related to commercialization are commenced with third parties.
4. Creators may elect to pursue the commercialization of his/her intellectual property without the assistance of JIBC. When this is done, the JIBC will not share in the proceeds but will expect to recover the cost of its investments in the project or projects that led to the creation of the intellectual property.
5. Creators are free to commercialize intellectual property they own without involving JIBC where no JIBC resources were used in the development of the intellectual property. Creators may request JIBC’s assistance in commercializing, or may decide not to commercialize their intellectual property.
6. Should the individual wish to seek the assistance of JIBC in pursuing patents or other protection and subsequent commercialization, JIBC and the creator shall enter into an agreement to share proceeds among the parties.
7. Subject to any Agreement provisions entered into by JIBC, JIBC has the right to a share of revenue earned from commercialization of intellectual property developed using JIBC resources. Revenue sharing and intellectual property rights will be determined on a case by case basis. 
8. As stated in the JIBC Policy - Commercialization of Research Intellectual Property, JIBC owns Intellectual Property. All net earnings (funds over and above direct and indirect costs of the contracts) will be proportionately allocated as follows:
   a.  first $5,000 to the creator;
   b.  50% of remaining balance to creator; and
   c.  balance to general JIBC revenues.
9. For the purposes of determining the allocation of revenue, either JIBC or the creator may require the other to provide an accounting of all revenues and funds received and expenses incurred with regard to intellectual property covered by this policy.
10. JIBC and/or its designate shall be responsible for the reporting and the administration of the proceeds of commercialization provided to creators and other third parties, as applicable.

Related Policies and Procedures

• 3402 Commercialization of Research Intellectual Property Policy