A10 – Intellectual Property

Approver: Vice President, Academic
Owner: Associate Vice President, Student Services and Global Partnerships
Effective: October 5, 2026
Replaces: March 18, 2003

See the A10 – Intellectual Property Procedures ›

1.0 Preamble

1.1

Red River College Polytechnic (“RRC Polytech”) supports teaching, learning, and innovation through the responsible creation and use of Intellectual Property. This Policy establishes institutional expectations for the ownership, use, and stewardship of Intellectual Property created in connection with RRC Polytech activities, in accordance with applicable legislation and with respect for Indigenous Cultural Rights and Property.

2.0 Purpose

2.1

Red River College Polytechnic values the creative and innovative process involved in the creation of Intellectual Property and recognizes that these endeavors sustain academic excellence. This Policy, and associated Procedures, outline the ways that Intellectual Property is treated at RRC Polytech.

2.2

This Policy and its associated Procedures:

1. Recognizes and establishes RRC Polytech’s ownership of Intellectual Property rights in certain Works as set out within this Policy while respecting the rights of individuals.
2. Recognizes and respects Indigenous Cultural Rights and Property.
3. Encourages educational innovation and outlines resources for the development of Works.
4. Supports the adaptation, adoption, and creation of Open Educational Resources (OER) to improve student success through increased access and affordability.
5. Acknowledges student ownership in their own Student Works that are created as part of their training and education at RRC Polytech.

3.0 Application and Scope

3.1

This Policy applies to all RRC Polytech employees and students and all applicable Works.

3.2

The issues related to Intellectual Property, as between RRC Polytech and its contractors, external partners, and third-party stakeholders, will be governed by a written agreement.

3.3

Intellectual Property that relates to or arises from applied research projects, the application, development, or commercialization of applied research, regardless of funding source, partnership model (including but not limited to industry-initiated, industry-partnered, collaborative, sponsored or contract research) or participant status (including but not limited to employees, students, faculty, and non-employee participants in entrepreneurship, incubation, or commercialization programs), is excluded from this Policy.

4.0 Definitions

The definitions related to Indigenous Cultural Rights and Property, Traditional Indigenous Knowledge, and Traditional Cultural Expressions are informed by international and Canadian sources, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the World Intellectual Property Organization (WIPO), and Indigenous scholarship and arts-sector resources in Canada. These definitions are not intended to be exhaustive and are applied in a manner consistent with respect for Indigenous governance, laws, and practices.

4.1

“Copyright” means the exclusive legal right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work. When you own the Copyright in a work, you control how it is used to protect its value. The ownership of Copyright in Works created at RRC Polytech or by its employees, and the limits of such ownership, is set out in this Policy.

4.2

“College Support” means support provided by RRC Polytech in the creation of Intellectual Property including, without limitation, the specialized knowledge and skills or support and technical staff, hardware and software resources, Copyright clearances, illustrations, editorial, teaching and learning services, financial support, production and reproduction services, internal structure in which the materials can be created and sold, a distribution system in the form of the bookstore, a market of students to purchase the materials, and the College’s name and reputation.

4.3

“Employee Work(s)” are Works produced by employees that may be related to employment, study or curriculum and applied research, including applied research undertaken with industry partners, materials created as teaching materials, and/or where the Work was created in whole or in part with College Support. Traditional Indigenous Knowledge and/or Traditional Cultural Expressions are not considered Employee Works within this Policy.

4.4

“Indigenous Cultural Rights and Property” means the rights of Indigenous peoples to ownership, control, access, and possession of Traditional Indigenous Knowledge and Traditional Cultural Expressions. It is recognized that Traditional Indigenous Knowledge and Traditional Cultural Expressions are considered a form of Intellectual Property and can be collectively held and may evolve and change over time as they are passed down from generation to generation.

4.5

“Intellectual Property” means any form of expression or knowledge created with one’s intellect, including industrial designs, inventions, computer software, patents, brands, technologies, trademarks, trade secrets and know-how. It also includes copyrighted materials such as original literary, dramatic, musical, artistic and cinematographic works and sound recordings, etc., including books, periodical articles, printed materials, music, photographs, films, broadcast materials, compact disks, audio and video tapes, computer software, and digital material. At RRC Polytech, some forms of Intellectual Property that are commonly created include, without limitation, teaching support materials, instructional by-products, curriculum support material, teaching and learning resources produced on assignment, administrative materials, College publications, applied research products and designs, and professional, technical and artistic work produced on assignment, and audio and video recordings of classroom proceedings or still images of RRC Polytech activities.

4.6

“Open Educational Resource” or “OER” shall mean any teaching, learning and research materials in any medium, digital or otherwise, that reside in the public domain or have been released under an open license that permits no-cost access, use, adaptation and redistribution by others with no or limited restrictions, such as those published under Creative Commons or similar open licenses.

4.7

“Personal Work(s)” means Works produced by employees and Students that are not related to employment, study or curriculum at the College or where the College has not provided the employee or student with any type of College Support.

4.8

“RRC Polytech Works” includes all Intellectual Property owned by RRC Polytech including without limitation:

1. Employee Works,
2. Works created or contributed to by Students in the course of employment with RRC Polytech, pursuant to a research grant made to RRC Polytech or with College Support, except for ordinary learning activity such as participating in classroom, or instructor feedback, which do not constitute college support within the meaning of this policy.
3. Works owned by RRC Polytech as a result of agreements with third parties, and
4. Works owned by RRC Polytech by operation of law.

4.9

“Student Works” means Works created by Students during a course or program of study at RRC Polytech. Students who create Works during work-integrated learning may be required to assign ownership in the Works, including any moral rights, to the Partner Organization. Works created or contributed to by Students in the course of employment with RRC Polytech, pursuant to a research grant made to RRC Polytech or with College Support, except for ordinary learning activity such as participating in classroom, or instructor feedback, which do not constitute college support within the meaning of this policy, are RRC Polytech Works.

4.10

“Traditional Indigenous Knowledge” generally refers to the know-how, skills, innovations and practices developed by Indigenous peoples related to biodiversity, agriculture, health and craftsmanship.

4.11

“Traditional Cultural Expressions” generally refer to tangible and intangible forms in which traditional cultural knowledge and culture are expressed and may include oral stories, artwork, handicrafts, dances, fabric, songs or ceremonies.

4.12

“Work(s)” refers to individual Works of Intellectual Property.

5.0 Policy

Ownership

5.1

RRC Polytech owns the rights to Intellectual Property in all Employee Works:

1. RRC Polytech asserts its rights under the Copyright Act, including its right to claim ownership as employer under subsection 13(3) of the Copyright Act and for all Employee Works. Employees waive all moral rights.
2. RRC Polytech asserts a right of ownership over inventions created as Employee Works, including without limitation, patentable inventions, industrial designs or know how regardless of whether or not an employee was hired to invent.

5.2

RRC Polytech does not own any rights in Traditional Indigenous Knowledge and/or Traditional Cultural Expressions, notwithstanding that Elders or others employed by RRC Polytech may appropriately use and share Traditional Indigenous Knowledge and/or Traditional Cultural Expressions during their employment or connection with RRC Polytech.

5.3

RRC Polytech does not own rights in Student Works or Personal Works and recognizes the Copyright ownership of employees and students in such Works.

Use

5.4

Employees are required to respect the Intellectual Property rights of RRC Polytech and those of third parties and must not deliberately or with willful blindness engage in acts that breach such rights. Policy P-7, Fair Dealing (Copyright) is directly applicable to the use of third-party Intellectual Property and employees must refer to Policy P-7 in using such Works.

5.5

RRC Polytech has the sole right to determine the disposition of all RRC Polytech Works including Employee Works, in any format and in any manner.

5.6

RRC Polytech has the sole right to enter into agreements concerning RRC Polytech Works, including Employee Works, with third parties, including without limitation, to license, assign, establish as an OER, or otherwise grant permission to use any and all Works created at RRC Polytech with the exception of Student Works, Traditional Indigenous Knowledge and Traditional Cultural Expressions. For further clarity:

1. RRC Polytech shall enter into written agreements with third parties to establish ownership in or rights to use the Works where RRC Polytech is commissioning the creation of Works; and
2. RRC Polytech shall enter into written agreements with third parties where RRC Polytech is providing services or training, including with industry partners to establish ownership in or rights to use Works, including Employee Works.

5.7

RRC Polytech has the right to retain all revenues and profits arising from the use of or commercialization of RRC Polytech Works, including Employee Works, subject to any contractual obligations RRC Polytech enters into with third parties.

6.0 Open Educational Resources

6.1

RRC Polytech has the sole right to determine when or if RRC Polytech Works can be published as OER. RRC Polytech shall act as the licensor and source of any RRC Polytech Works that are published as OER.

6.2

Students may print OERs for their own individual use, and instructors and employees may arrange for the printing of OERs as an activity ancillary to education, research, or study purposes. However, any such printing or distribution cannot be for monetary gain. Any sale or other commercial use of OERs is a violation of non-commercial use license restrictions and is prohibited.

6.3

In cases where RRC Polytech creates or adapts Works that RRC Polytech designates as an OER, where there is a contribution of an employee’s Personal Work, RRC Polytech will seek permission from the employee and will endeavor to acknowledge the independent authorship of the employee’s contributions within the Work and the employee retains the rights and responsibilities to otherwise manage their Personal Works.

7.0 Reporting New Works

7.1

Works created by Employees, including without limitation inventions, shall be reported to RRC Polytech in accordance with the Procedures prior to engaging in publication or presentation that would have the effect of putting the Work or invention into the public domain.

8.0 Use of Personal Works in RRC Polytech Activities

8.1

In any situation where an Employee wishes to use Personal Works for RRC Polytech activities, such as in an educational setting, a real or perceived conflict of interest may exist. Policy P1, Conflict of Interest, is directly applicable in such circumstances and Employees must refer to Policy P1 when using Personal Works for RRC Polytech activities.

8.2

RRC Polytech has the right to approve all materials to be used within the College for teaching purposes.

9.0 Consequences

9.1

Employees who breach this Policy will be subject to discipline up to and including dismissal.

10.0 Responsibilities

10.1

The Associate Vice President, Student Services and Global Partnerships, or their designate has the authority to develop and revise procedures relating to the implementation of this Policy.

10.2

RRC Polytech faculty and staff are required to:

1. Comply with the requirements of the Policy and the associated Intellectual Property Procedures in the development of RRC Polytech Intellectual Property.
2. In accordance with the Conflict of Interest Policy (P1), Employees are expected to recognize and declare any conflict of interest, real or perceived, associated with the use of Personal Works for RRC Polytech activities, including in an educational setting immediately.
3. Seek permission from their supervisor/manager in cases where they intend to create or adapt an OER.

10.3

Students are expected to comply with the requirements of this Policy and the associated Intellectual Property Procedures.

11.0 Review Period

11.1

This Policy will be reviewed and updated as required within five years of its approval date.

12.0 Related Documents

• The Copyright Act (Canada) R.S. 1985
• MGEU Collective Agreement
• G4 Recordings
• P7 Fair Dealing (Copyright)
• R2 Integrity in Research and Scholarship
• Intellectual Property Procedures