Greek philosopher Heraclitus is quoted as saying "change is the only constant in life."
That is certainly true of Queen’s Partnerships and Innovation (QPI). Over the last several years, QPI’s structure and responsibilities have evolved considerably. The department includes three teams that work closely to provide a range of services and integrated support to Queen’s researchers, innovators, Faculties, and departments, as well as various programs and services to support entrepreneurs, startups, and SMEs in Eastern Ontario. The Partnerships Innovation team, the Patent team and the Research Legal Services team work collaboratively to support research from lab to publication and/or commercialization.
Formerly known as the Research Contracts Unit, the role of QPI’s Research Legal Services (RLS) has evolved beyond the review and negotiation of contracts, and now extends to supporting researchers throughout the project life cycle, such as providing early-stage advice on applicable laws and on ways to preserve rights to exploit their work.
In 2013, the Research Contracts team of two full-time lawyers, one part-time lawyer and two contract coordinators was part of what is now University Research Services. The unit joined QPI as part of the university’s strategy to increase focus on and provide a continuum of support for partnerships and commercialization. Since that time, the contracts team has grown to now include five lawyers, one paralegal, and four contract coordinators/administrators. The need to provide metrics and to track files over the length of a Project (up to 10 years) has led to a focus on file administration while, the demand for more lawyers with greater expertise has been driven by an increase in the volume, scope and depth of the engagements the Queen’s research and partnerships community is engaged in.
The Research Legal Services team has seen more than a two-fold increase in contract volume since 2013. Additionally, as new laws, regulations, and risks, domestically and abroad, emerge, the team must stay on top of this frequently changing landscape. In parallel, funding and collaborations for research and innovation have become increasingly complex.
Margo Langford, who originally joined QPI in 2018 as a contract review lawyer, was appointed Director of the team in 2020, just before the pandemic started.
“While the pandemic has added more than 200 additional projects, the pivot to remote work at the beginning of COVID required us to employ more technology in our processes” says Langford. “This included more face-to-face meetings with research teams. We can now review files together on the screen which has led to greater discourse, understanding and a reduction in review time. We also moved to completely electronic signing so that what may have taken several days to have parties sign in person is now done almost immediately.”
Part of the evolution has also been to ensure the unit is reaching out to researchers at the time they most need help.
“Rebranding has a communications purpose, as we aren’t just reviewing contracts,” says Langford. “We are a part of the continuum of the project team from early advice at the conception and partner negotiation stage all the way through to (potential) commercialization activities. Increasingly new faculty is interested in exploring their commercial prospects.”
RLS has attracted lawyers with a wide range of legal expertise to support research and partnership initiatives at Queen’s which includes tools and tips for content creators who want to commercialize their works, patent and technology law experience, expert know-how for researchers working in Indigenous environments, extensive experience dealing with government regulators, help with navigating the continually changing privacy and data management environment, and support for navigating the complexities of clinical trials and research on humans.
“Almost nothing is as straightforward as reviewing the documents,” says Jim Banting, Assistant-Vice Principal Research. “Every project that the university is involved with has so many layers – there could be multiple companies or institutions supplying materials, services, data and information – and each of those require contracts and negotiations and bring unique challenges. Not to mention, these projects can last five to ten years so we need to be thinking about how legislation may change over the course of the project.”
The Research Legal Services team is tasked with foreseeing issues that might arise in the future, focusing on forward-looking risk mitigation measures, in particular to protect future exploitation potential of the work where possible, and to ensure researchers are safe from personal liability throughout the project lifespan.
“The world of information sharing and project collaboration can bring about some amazing breakthroughs in research and program supports,” says Banting. “At the same time, navigating these waters can be dangerous. The Research Legal Services team includes expert staff members who ensure the university and researchers are protected.”