Study Information

Intellectual Property Management

This report is available on the Environment Canada website.

Summary provided by Environment Canada

 Background

An evaluation was initiated because of concerns and risks posed by inconsistent approaches and practices to Intellectual Property (IP) management across the Department. The evaluation assessed Environment Canada’s (EC) Intellectual Property policies and practices related to computer software and technologies over the 1992 to 2006 period.  

Key Findings

EC’s IP policies, processes and institutional arrangements support broad Government of Canada policies and requirements.   They do not, however, provide strategic corporate direction to ensure that a) EC’s IP relates to the department’s mandate, goals and priorities, and b) IP rights are considered early in the science management, regulatory and policy processes.

The Department does not have a complete corporate picture of its licensed or non-licensed IP.   While the Intellectual Property Office (IPO) monitors and catalogues EC’s licensing agreements, EC does not track its non-licensed IP or the environmental, economic, social and other benefits of its IP.     

EC’s licenses and patents are protected to a degree commensurate with the risk but gaps in EC’s IP management functions and the lack of decision-making processes and mechanisms expose the Department to risks and lost opportunities.   For example, without due attention to the wording of agreements, EC could a) restrict   the future use of IP arising from collaborations or from IP that has been provided to a licensee or b) obligate itself to ongoing support of transferred technologies (e.g., updates, continued research).

In the absence of strategic corporate direction, EC’s IP decisions are taken at the individual managerial level resulting in inconsistent practices across the department. Often individual managers are not trained in IP management and make decisions based on their own experience with limited awareness or involvement of the IPO.

Opportunities exist to re-position the Intellectual Property management function within EC; EC scientists and managers agree on the need for a corporate strategy, guidelines, and increased involvement of IP experts.   If the Department decides to widen the scope and activities for IP management, resource requirements can be expected to rise in the future.

Recommendations

1.   Departmental Management Services Board, in collaboration with the Assistant Deputy Minister of Science and Technology Branch, should establish a corporate Intellectual Property management strategy .

2.   DMS Board should a) develop governance structures, mechanisms and processes to guide the implementation of the corporate IP management strategy, b) clarify IP management roles and responsibilities of the Intellectual Property Office, Legal Services, embedded IP specialists, Delegated Authorities and EC employees, particularly scientists and researchers, and c) identify funding support to be provided to IPO, embedded IP specialists and EC employees to manage EC’s IP.

3. The Intellectual Property Office should a) develop supporting materials for Delegated Authorities, b) deliver a mandatory training program for all Delegated Authorities, and c) inform EC employees of the responsibilities of public servants to manage Intellectual Property and the services offered by the IPO.  

Contact:

Director, Evaluation
Audit and Evaluation
Environment Canada
(819) 956-7612

• Provide strategic and effective departmental management to achieve environmental results

• Human Resources Management (General)
• Information Management
• Materiel, Risk and Common Services
• Security
• Review, Internal Audit and Evaluation

• Senate: Energy, the Environment and Natural Resources
• House of Commons: Environment and Sustainable Development

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