Intellectual Property (IP) Policy

Last updated: June 26, 2025

Founded in 2010, Innovation Factory’s mission is to empower technology start-ups and scaling companies with mentorship, tools, and resources. Serving the Hamilton-Halton region, Innovation Factory supports innovative companies with strategic planning, mentorship, fundraising, and building strategic connections to catalyze their commercialization journey from idea to market.

Innovation Factory Personnel can expect to interact with Intellectual Property while developing and deploying programs to facilitate Client success and serve the community.

To help facilitate Client success, this Policy is intended to:
(i) ensure the use of Client Intellectual Property is aligned with Innovation Factory’s mission, guidelines, and rules;
(ii) confirm Innovation Factory makes no claim against Client-developed Intellectual Property, including created or refined during the course of its association with Innovation Factory;
(iii) be aligned with Innovation Factory’s Conflict of Interest Policy.

Unless otherwise agreed to in a separate document, ownership over Intellectual Property created by Innovation Factory Personnel shall be described in the Contract of Employment and/or Contract Agreements.

Applicability

This Policy applies to the treatment of Client-developed Intellectual Property, and covers all Innovation Factory Personnel.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

The following definitions shall apply, for the purposes of interpreting this Policy:

Client means an individual or organization that has executed an agreement with Innovation Factory to receive Innovation Factory Support.
Confidential Information means all information, or Intellectual Property that may be disclosed verbally, in writing, electronically or in any other form, or displayed visually or otherwise made available by the Disclosing Party or any of its subsidiaries, affiliates or Representatives in connection with a Project or the affairs of Innovation Factory before, on, or after the date a client agreement is signed, including, without limitation, the contents of an innovation/idea, a proposal, a business plan, or a statement of work or other pertinent document to be protected.
Copyright means the sole rights granted in a Work for specified periods of time pursuant to relevant legislation (e.g., the Copyright Act of Canada), as amended or re-enacted from time to time, or any successor legislation.
Creator means a person who creates Intellectual Property.
Data includes any of databases, data sets, results of scientific measurements, results of surveys, results of polling, aggregations, and results of computational or experimental simulations, alone or together with a documented description of a format or structure of the Data and, where appropriate (e.g., in scientific experimental measurements), estimates of uncertainties which would allow use of the Data by a person who did not originate the Data.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Innovation Factory means the not-for-profit business accelerator and regional innovation centre located at B21 – 175 Longwood Road South, Hamilton, ON L8P 0A1, Canada (and other locations).
Innovation Factory Personnel includes Innovation Factory’s Board of Directors and direct employees of Innovation Factory and any full-time, part-time, temporary hire, co-op, intern, contractor, and/or other person remunerated to perform work under the direction of Innovation Factory.
Innovation Factory Support includes the use of any Innovation Factory Personnel, Program, financial resources, facilities, equipment, materials, technological information, and proprietary know-how.
Intellectual Property means any Works, Data, Inventions, ideas, designs, symbols, logos, slogans, patterns, commercial and trade names, domain names, three-dimensional arrangement of circuits, plant varieties, know-how, and trade secrets, which can be protected under the law whether registered or unregistered.
Intellectual Property Right means any Copyright (registered or unregistered), Patent, industrial design, design patent, trademark (registered or unregistered), domain name, integrated circuit topography, plant breeders’ right, trade secret right, and Moral Right.
Invention means any new and useful art, discovery, process, method, machine, system, composition of matter, article of manufacture, design, model, technological development, biological material, strain, variety, culture of any organism, computer software, computer code or instructions, research data, and tools, irrespective of patentability.
Moral Rights means a creator’s rights to claim ownership and to protect the integrity of a work under relevant legislation (e.g., the Copyright Act of Canada).
Patent means the grant of exclusive rights to an invention, pursuant to relevant legislation (e.g., the Patent Act of Canada), as amended or re-enacted from time to time, or any successor legislation.
Program means the products and services authorized to be delivered on behalf of Innovation Factory for the benefit of clients and the broader community. This may include both funded and unfunded initiatives and activities delivered to clients, private- and non-profit partners, government agencies, and other ecosystem stakeholders.
Work includes all material capable of being protected by Copyright, including all printed material, computer software, computer code, Data, audio and/or visual material, circuit diagrams, architectural and engineering drawings, lectures, compositions, choreographies, pictures, and graphics.
Website refers to Innovation Factory, accessible from https://innovationfactory.ca

Policy

Ownership and Management of Client Intellectual Property

Ownership

Innovation Factory’s Policy is that unless otherwise agreed to in a separate document, Clients retain ownership of the Intellectual Property created by them, including while receiving Innovation Factory Support.

Publication

Should a Client publish or publicly disseminate Work owned by the Client, which has been created in part with Innovation Factory Support, the Client may recognize the contribution of Innovation Factory at its sole discretion.

Use of Name and Marks

Respecting the control and use of organization name and marks, unless otherwise agreed to in writing:

Client may not present Innovation Factory, directly or indirectly, as endorsing or warranting a particular product or service.
Client may not use or affiliation of Innovation Factory’s name or any Innovation Factory-owned mark in connection with any Client, third-party product, service, project, or Work requires. For additional information and obligations related to the use of Innovation Factory’s marks, contact Innovation Factory to receive brand guidelines and approval from Marketing department.
Client gives Innovation Factory permission use their company name and relationship to Innovation Factory in its directories, websites, marketing materials, and at events related to Innovation Factory Support.

Third-Party Rights

Innovation Factory Personnel and Clients are required to respect all applicable laws and rules concerning the use and protection of third-party Intellectual Property Rights, including the unauthorized use, reproduction, transmission, modification, translation, or adaptation of Works, without written permission from the owner.

Collaborative Agreements

Collaboration agreements between Innovation Factory and third-party institutions, agencies, persons, and companies must specify, in writing, the process by which ownership of Intellectual Property Rights arising out of the collaboration will be determined. The determination of Intellectual Property Rights shall be based on the policies of each Party and the extent and nature of the contribution.

Intellectual Property Management

The VP Operations at Innovation Factory shall:

establish internal Innovation Factory processes, systems, and controls required to manage and protect Client Intellectual Property and/or Intellectual Property Rights and
monitor obligations related to the maintenance of these processes, systems and controls.

Provision of Innovation Factory Support

Innovation Factory Support to Clients

The provision of Innovation Factory Support to Clients may take on different forms, including, but not limited to, mentorship, consultations, education, training, advice, introductions to third parties, development of materials, access to facilities, and recognition.
It is the responsibility of all Innovation Factory Personnel to ensure that their interactions with Clients and other third parties do not conflict with their obligations to Innovation Factory or this Policy. Innovation Factory Personnel shall not violate or breach their obligations while providing Innovation Factory Support to Clients.

Innovation Factory Personnel shall abide by the Conflict of Interest Policy, and disclose to the VP Operations any potential or real conflicts of interest that may influence the provision of Innovation Factory Support, and shall not infringe or otherwise violate any Intellectual Property Rights of Innovation Factory, Clients, or any third party over the course of providing Innovation Factory Support to Clients.

Confidentiality

Client Confidential Information

Innovation Factory will ensure the confidentiality of Client Confidential Information that may be shared while delivering Innovation Factory Support. Clients are responsible for ensuring they are not infringing on the Intellectual Property Rights of any third party with respect to the Intellectual Property disclosed to Innovation Factory. Innovation Factory and Innovation Factory Personnel shall not use Client Confidential Information for any commercial purpose.

The VP Operations shall establish and manage such processes, systems, and controls required to manage and protect Client Intellectual Property and Client Confidential Information that may be disclosed while delivering Innovation Factory Support.

Innovation Factory agrees to hold in confidence and not to disclose, divulge or otherwise make available any Client Confidential Information without the prior written consent of the Client.
All Innovation Factory Personnel must sign an NDA at the onset of their employment with Innovation Factory, which requires that only required Client Confidential Information be accessed and used when delivering Innovation Factory Support.

Innovation Factory Confidential Information

Innovation Factory generates and maintains Confidential Information while providing Innovation Factory Support to its Clients and conducting business generally, including providing Clients with access to direct employees and contracted advisors. Innovation Factory Personnel, Clients, and third parties shall not disclose Innovation Factory Confidential Information to any other party without prior written approval of Innovation Factory.

Any person interacting with Innovation Factory may be asked to enter into a Non-Disclosure Agreement (NDA) at the sole discretion of Innovation Factory. All NDAs shall be submitted to the VP Operations for review and approval prior to the exchange of Confidential Information.

Administration and Amendment

The VP Operations is responsible for the administration of this Policy, including making determinations regarding various matters referred to in this Policy.

It is the responsibility of Innovation Factory’s Board of Directors to review and evaluate this Policy on an annual basis. Any changes to this Policy shall be provided to the Innovation Factory’s Board of Directors for consideration and approval.

Dispute Resolution

Innovation Factory recognizes that disputes may arise between Innovation Factory and Clients with respect to Intellectual Property and the implementation of this Policy.

When an agreement cannot be reached between Innovation Factory and the Client(s), the dispute will be settled through binding arbitration that will take place at a setting chosen by Innovation Factory. The decision of the arbiter is final and binding and is not subject to appeal. For disputes involving other parties, Innovation Factory may take such legal actions as required and are available to protect its Intellectual Property Rights, up to and including litigation.

Changes to this Intellectual Property Policy

We may update Our IP Policy from time to time. We will notify You of any changes by posting the new IP Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this IP Policy.

You are advised to review this IP Policy periodically for any changes. Changes to this IP Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this IP Policy, You can contact us:

By email: [email protected]
By phone number: 905-667-2611

Table of Contents