Agreements for Mitacs Funding at UBC

Mitacs (www.mitacs.ca) is an important funding partner for researchers at both UBC Campuses and within the research community at our Affiliated Hospital sites. Through internship and fellowship programs for graduate students and post-doctoral fellows, Mitacs provides opportunities for researchers to partner with and solve the business challenges of Canadian companies.

Mitacs Projects are funded at UBC through a direct UBC-Mitacs funding agreement which is administered by UBC’s Office of Research Services. There is therefore usually no need for any direct agreement between UBC and the company supporting the Mitacs Project (the “Mitacs Funding Partner”).

Confidentiality/Non-Disclosure Agreements with Mitacs partners.

It is expected that a Mitacs Partner will not provide any confidential information to UBC interns, or their supervisors, who are involved in a Mitacs Project. In the event that a Mitacs Project requires the exchange of confidential information, the University’s standard Non-Disclosure Agreement must be used. Access to this template is restricted to those with a valid UBC campus wide login.

Any deviations from the University’s standard Non-Disclosure Agreement template may lead to delays in completion.  Such deviations will only be accepted if they are material, reasonable, and appropriate for the project, these must be discussed with and appropriately signed by the UILO.

Intellectual Property Developed During Mitacs Projects

The University recognises that Mitacs Partners may desire to have certainty around their rights and access to intellectual property developed during the Mitacs Project. To this end the UILO has developed a standardised Mitacs Agreement Option agreement.  Under the terms of this agreement:

  1. All intellectual property developed during the course of the Mitacs Project, for which the Mitacs Partner desires access, must be disclosed to the UILO.
  2. The University will assign any intellectual property that is incremental and/or based on existing intellectual property owned by the Mitacs Partner, to the Mitacs partner at no charge.
  3. The Mitacs Partner will be granted a non-exclusive, fully paid up, license to make, use and sell (but not sublicense) products and services based on any other intellectual property (including data, results, and know-how) that is developed during the Mitacs Project.
  4. The Mitacs Partner will further be granted a time-limited option to obtain an exclusive, royalty-bearing, license for other intellectual property generated during the Mitacs Project.
  5. In any event the University shall retain the right to practice any intellectual property for research, educational and other non-commercial uses.

Changes to these standard terms will only be acceptable in exceptional circumstances.

Conflict of Interest

Any relationship between the research team at UBC and the Mitacs Partner must be disclosed to the University in both the Research Project Information Form submitted to the UBC Office of Research Services and as part of a UBC faculty member’s conflict of interest declaration. Any conflicts of interest will inform the UILO’s review of intellectual property resulting from the Mitacs Project.

Publication

The University must be free to publish the results of all research,  including results from Mitacs Projects, per the requirements of UBC Policy LR2 (Research).  No restriction or delay on a student’s thesis defense or publication is permitted.

Leveraging Existing Funding with Mitacs

In certain situation existing funding that has been received by UBC from a research partner may be eligible for matching by Mitacs funding programs.  Mitacs’ terms and conditions require that the Mitacs Partner’s contribution to the Mitacs award are sent to Mitacs before being disbursed to the Investigator via UBC.  Therefore, the UBC Investigator should be aware that the transfer of funds from UBC to Mitacs will be treated as an expense, and the appropriate indirect-costs rate will be deducted from the funds in the course of the transfer. Mitacs may charge additional taxes and fees on top of the matched funds.