Frequently Asked Questions (FAQs) -
Intellectual Property Program

What is Intellectual Property?
IIntellectual property refers to intangible (non-physical) property, which includes copyright, moral rights related to copyrighted materials, trademarks, official marks, domain names, patents and industrial designs.

Although intellectual property rights are associated with a wide range of products of the human intellect, such as training manuals, publications, map products, videos and computer software, they are distinct from the physical medium on which these products are produced. The intellectual property is the set of rights arising from the creation and development of these products. For example, if a physical book is produced, the author’s copyright in that book is the intellectual property.

What authority does the Intellectual Property Program operate under?
The Intellectual Property Program operates under the authority of s. 2(1)(f) of the Procurement Services Act, which allows for the disposal of personal property of the government.  Also, section 46(1) of the Financial Administration Act prohibits the "disposition or loan of public property" without proper authority.

What policies govern management of Crown Copyright and Intellectual Property Disposal?
Please see the Core Policy Manual Sections 6.3.4(e)
Crown Copyright and 6.3.4(f), Disposal of Intellectual Property.

How do I get permission to reproduce a part or all of a Province-owned work?
All requests for permission to copy a part or all of a Province-owned work should be directed to the Intellectual Property Program by submitting a completed Copyright Permission Request Form.

The Intellectual Property program will consult with the ministry responsible for the work to confirm there are no objections to the work being reproduced. If there are no objections, permission will generally be granted. However, where a substantial portion of a work or the entire work is to be reproduced, particularly where that work or a product containing that work is to be distributed commercially, then a License Agreement will normally be required.

This material was already paid for with my tax dollars! Why do I have to request permission to copy or sell it?

The BC Government is charged with the management and protection of Crown assets of all kinds. For these purposes, the intellectual property component of those assets is no different. Just as the Crown requires various kinds of permission for use of more conventional public assets (such as parks, waterways, and government buildings), permission is also required to use the intangible assets that belong to the Crown. Permission is not intended to restrict access, but rather to ensure the protection of those assets so that the BC electorate realizes the most benefit from them.

Why might I be required to license the material or pay a fee?

Licensing

The BC Government develops and expends its budget every year for the purpose of properly administering public affairs on behalf of the electorate. When developing materials for Crown use, the primary concern is utility and value for government purposes. However, if material is developed that could prove useful to persons outside of government, the Crown must consider how to best distribute this creation. Who will bear the cost of further development? What if someone is injured by something originally developed by the Crown, but now marketed by a third party? These legal issues must be resolved, with the protection of the Crown (and thus the BC electorate) in mind. A license agreement will address these and other legal issues, and potentially provide opportunity for commercial exploitation of the material in question.

Fees

The permission and licensing fees charged by the IPP are intended to recover a fair share of the government's cost of providing goods and services from those who receive the direct benefits. These fees are not another form of taxation, but instead help to make the provincial government's revenue system fairer by shifting some of the burden away from general taxation, borne by all taxpayers, to those individuals or companies who derive a clear benefit from government-owned material. As well, these fees help to encourage responsible and economical use of government services by making the public aware of the costs of those services.

Naming Policy FAQ's

We want to recognize one of our long-serving volunteers for their dedication in providing service to our patients. Do we have to apply for approval to name the asset in honour of this individual?

The Naming Privileges Policy applies to a naming opportunity when it is connected to a financial or in-kind contribution. If there is no financial or in-kind contribution then the entity is under no obligation to request approval for the naming opportunity.

What is an “in-kind contribution”?

"In-kind" contributions are defined as a good or service which is given instead of cash. An example of this would be where a computer company wants to supply computers for the facility rather than give a cash donation to the facility. The value of the in-kind good or service is usually calculated at the fair market value had the recipient of the "in kind" donation acquired the good or services absent the donation.

What information does the Naming Committee want for a benefactor?

For a personal benefactor, the Naming Committee is looking for information about the donor’s history and information regarding their community and business involvement. The Naming Opportunity Request Form asks for the person’s philanthropic and business history, the community activities the benefactor is involved in and what public offices they have held, if any.

For a corporate benefactor, the Naming Committee is looking for information about the company and its corporate and social responsibility history. A company may be involved in initiatives which donate money to enhance the work being done by communities on a local or regional level. Corporations may support their employees to participate in volunteering for causes by providing resources and time off to accomplish volunteer-related activities. Corporations may encourage other corporations or employee associations to participate in social responsibility activities by offering “challenges” to match efforts.

When do I have to submit a Naming Opportunities Request Form for a donation we received from a benefactor?

It is not necessary to wait until there is a signed agreement in place for an entity to send in the Request Form. Entities can submit the Request Form at any time before the naming of the asset occurs. It is best to submit the Request Form as early as possible to ensure there is adequate time for a decision to be made prior to any planned announcement.

How do I know if the Naming Privileges Policy affects our organization?

The Naming Privileges Policy applies to all government ministries and government bodies such as school districts, universities and colleges, crown corporations and health authorities. The Naming Privileges Policy does not apply to assets owned by municipalities or regional districts.

If we are installing a plaque in the central foyer of our building rather than naming a room to recognize a donation, will the Naming Privileges Policy apply to this? The plaque will be one of many plaques which recognize contributions from other donors.

The Naming Privileges Policy would apply to a plaque installed outside a room, particularly if the plaque is exclusive to that room. The room would become known as the "X Room". If the plaque is one of several installed in a central public area to recognize a financial contribution of various donors, it is not a “naming” and therefore the Policy will not apply.

What information does the naming recognition agreement have to contain?

The Naming Privileges Policy must be in writing and specify the term of the agreement. The agreement should be signed by both parties to the transaction. A copy of this agreement will be maintained in a central repository within the Intellectual Property Program.

How long will it take to have a naming opportunity approved?

Generally it will take between four and six weeks from the time a complete application is received to the time a decision is communicated to the requestor. Information packages containing the Naming Opportunity Request Form and supporting materials are compiled by the Intellectual Property Program and then sent to the Naming Committee in a bi-weekly report. The Committee provides a response to the naming opportunities within one week. If the Committee has questions, or if there is insufficient information in the Request Form to make a decision, the process will be delayed as we contact the requestor for clarification. Once the Naming Committee has made a decision, the Request Form and supporting materials are prepared for Cabinet’s consideration or approval. Once we have received the final approval for a naming opportunity, we advise the requestor of the decision.

Who do I contact for more information about the Intellectual   Property Program?

Send us an email now or check our "Contacts" Page for more options.

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