Agriculture and Agri-Food Canada Intellectual Property Decision-Making Manual (6 of 6)
7.0 Authorities, Roles and Responsibilities
7.1 Delegation of Authority
Under the provisions of the Financial Administration Act (FAA), the Minister is accountable for all financial and administrative decisions of the Department and only the Minister has the authority to approve contracts and requisition payments Footnote 20. Delegations are also structured to provide for specialist staff review in certain contracting areas. The Act allows the Minister to delegate this authority to other employees of the Department provided that such delegation is made in writing. However, the delegation of authority does not relieve the Minister of responsibility for acts committed by the delegated persons.
The objective of the delegations is to give appropriate authority commensurate with operating requirements in terms of volume, amount and type of expenditures predominating at responsibility centers, without limiting the right of more senior officers at various levels to exercise control over major expenditures, or those which represent departures from authorized programs, or have particular sensitivities. Delegations are also structured to provide for specialist staff review in certain contracting areas.
7.2 Roles and Responsibilities
The roles and responsibilities of the Deputy Minister and Assistant Deputy Minister, Research Branch are stipulated in the AAFC IP Policy in sections 1.7.1 and 1.7.2 as follows:
7.2.1 Deputy Minister
The Deputy Minister (DM) of AAFC is responsible for the Department's IP Policy.
7.2.2 Assistant Deputy Minister
The Assistant Deputy Minister, Research Branch is responsible for administrating the IP Policy for the Department.
7.2.3 Directors/Program Managers
Director, OIPC on behalf of the Director General, Science Partnerships and the ADM, Research Branch is responsible for the implementation and administration of the AAFC IP Policy. The Director, OIPC, shall safeguard AAFC research and development independence and be accountable for all agreements signed concerning IP.
Science Directors/Program Managers as supervisors of the research scientists are responsible for the administration of the IP Policy.
7.2.4 Agriculture and Agri-Food Canada Employees
All AAFC employees must be informed and aware that they must adhere to the AAFC IP Policy in their duties relating to the creation, protection and transfer of departmental IP.
All AAFC employees are responsible for identifying IP involved in or created by their work, submitting reports on inventions, and for preventing accidental disclosure of strategic information in accordance with the IP Policy and this Decision-Making Manual.
Commercialization Officers and other employees involved in identification, protection and transfer activities shall ensure that all IP related documentation, contracts and other legally binding agreements conform to this Policy and this Decision-Making Manual.
7.2.5 Office of Intellectual Property and Commercialization
The Office of Intellectual Property and Commercialization (OIPC) within the Partnership Directorate of Research Branch is responsible for the management of AAFC's IP and implementation and administration of the AAFC IP Policy.
The OIPC provides:
- Policy advice
- Facilitation of technology transfer/commercialization
- Market intelligence and advice on IP management
- Knowledge capture
- Identification of collaborators
- Negotiation and preparation of collaborative research agreements
- Copyright and trademarks management
- Patent application and management
- Plant Breeders' Rights and Variety Registration application and management
- Business and scientific project risk assessment
- Building of business relationships with industry
- Due diligence on contract obligations
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