INTELLECTUAL PROPERTY OWNERSHIP FLOWCHART

Ownership of Intellectual Property created by Nova Scotia Health Team Members is determined by type of IP creator, circumstances of the IP creation, and any current or pre-existing agreements that impact IP ownership.  The questions and flow-chart are intended to provide a guide to determining ownership based on the available information.  This is not intended to be a final or binding decision and further investigation will be necessary.

  • a. Yes, IP Rights (patentable IP and Copyright) are owned by Nova Scotia Health where the IP was created in the course of employment or as part of the delivery of services pursuant to the NSH Intellectual Property Policy and your employment agreement or services contract.

    i. Per section 8.1 of the NSH IP Policy, Nova Scotia Health owns the IP Rights when the IP is created by a Nova Scotia Health Employee, pursuant to and in the course of their employment with Nova Scotia Health.

    ii. Nova Scotia Health Employees are all persons employed by Nova Scotia Health, including, but not limited to full and part-time staff.

    b. No, move on to Step 2

  • a. Yes, move on to Step 7.

    i. Per the NSH IP Policy, Learners consist of Students, Independent Learners, and Department of National Defense personnel who are stationed in Nova Scotia and need to maintain their clinical skills

    b. No, move on to Step 3

  • a. Yes, move on to Step 6.

    b. No, move on to Step 4

  • a. Yes, move on to Step 6.

    b. No, move on to Step 5

  • a. Yes, move on to Step 6.

    b. No, contact SPO@nshealth.ca

  • a. Yes, the ownership or rights to any intellectual property may be modified by a written agreement between Nova Scotia Health and a Team Member and/or third party. In most cases the terms of the written agreement will take precedence. Contact SPO@nshealth.ca to discuss your options.

    b. No, move on to Step 8.

  • a. Yes, Ownership of IP by Learners may be subject to any applicable policies of their academic institution

    b. No, IP rights (patentable IP and Copyright) are IP Creator Owned per Section 7 of the NSH Intellectual Property Policy.

  • a. Yes, per section 10 of the NSH IP Policy Ownership Rights will be governed by:

    i. Any applicable agreements with academic institutions,

    ii. Collaborative Research agreements, or

    iii. Similar agreements with the third party

    b. No, move on to Step 9.

  • a. Yes, Nova Scotia Health owns the IP rights per section 8.1 of the NSH Intellectual Property Policy

    b. No, move on to Step 10.

  • a. Yes, Nova Scotia Health owns the IP rights per section 8.1 of the NSH Intellectual Property Policy.

    b. No, move on to Step 11.

  • a. Yes, per section 11 of the NSH IP Policy, collaborations of this nature may require alternative processes and agreements about disclosure, ownership, and revenue sharing. Any contract between Nova Scotia Health and a third party will supersede this policy.

    b. No, IP rights (patentable IP and Copyright) are IP Creator Owned per Section 7 of the NSH Intellectual Property Policy.