Audit of the Management of Intellectual Property at the Public Health Agency of Canada: Management response and action plan

Management Response and Action Plan
February 2024

Recommendation 1

The VP NMLB and the Chief Science Officer, in consultation with Agency senior management, should determine the appropriate organizational placement of the PHAC's IP function, aligned with its authorities, roles, and responsibilities.

Management response and planned action

Management agrees with this recommendation, noting that the incoherence of IP Policy authorities with the organizational design (placement of the IP function) needs to be addressed in advance of undertaking the remaining recommendations (2 to 4) under the appropriate responsibility centre.

Deliverables

Expected completion dates

Interim milestone timelines:

Responsibility

National Microbiology Laboratory Branch; Chief Science Officer; CSB (focused on security considerations related to IP function and policy implementation).

Interim milestones

Recommendation 2

The VP NMLB and the Chief Science Officer, in consultation with Agency senior management, should review and update the IP Policy, taking the following into consideration:

Management response and planned action

Management agrees with this recommendation, noting that a policy refresh is needed, and that Recommendation 3, as well as the authorities defined in Recommendation 4 below, will be addressed as part of the policy refresh.

Deliverables

Expected completion dates

Interim milestone timelines:

Responsibility

VP NMLB until the IP Lead is established, in collaboration with the CSO.

Interim milestones

Recommendation 3

As part of the IP Policy update, the VP NMLB and the Chief Science Officer, in consultation with Agency senior management, should consider mandating OIPMBD involvement in the management (establishment, drafting, and review) of collaborative research, licencing, and material transfer arrangements to promote greater awareness of the need for appropriate agreements to ensure the sound management (identification, assessment, protection, and monitoring) of PHAC IP.

Management response and planned management action

Management agrees with this recommendation, noting that a policy refresh is needed, and that this recommendation, as well as the authorities defined in Recommendation 4 below will be addressed as part of the policy refresh.

Deliverables

Expected completion date

Responsibility

VP NMLB until the IP Lead is established, in collaboration with the CSO.

Interim milestones

Note: Once the IP function transitions to OSCO, the NMLB's Office of Intellectual Property Management and Business Development (OIPMBD) will be responsible for complying with all relevant policy changes and having agreements reviewed by the IP Policy lead.

Recommendation 4

As part of the IP Policy update, the VP NMLB and the Chief Science Officer, in consultation with Agency senior management, should clarify OIPMBD's role and authority as the Agency's IP subject matter expert, specifically as it relates to IP training. Consideration should also be given to making IP training material compulsory for all IP-creating employees, contractors, visiting workers, and other relevant parties.

Management Response and planned management action

Management agrees with this recommendation, noting that a policy refresh is needed, and that this recommendation, as well as the authorities defined in Recommendation 4 below will be addressed as part of the policy refresh.

Deliverables

Expected completion dates

Interim milestone timelines:

Responsibility

VP NMLB until the IP Lead is established, in collaboration with the CSO and the ADM CSB, as an enabler of training platforms.

Interim milestones

Note: The roles and responsibilities of OIPMBD within NMLB will be reviewed once the IP functions transition to OCSO. Following transition, IP training will fall to OCSO in collaboration with CSB.

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