Intellectual Property In The Energy Sector

Intellectual property has always played a key role supporting the protection and exploitation of technology and brands of businesses operating in the energy sector. The management of IP is arguably more important than ever as we transition to more renewable energy sources and reduced emissions, and see an energy market increasingly disrupted by start-ups challenging the dominance of the traditional oil and gas majors. This Special Report looks at the challenges and opportunities that intellectual property issues present for different areas of this broad and rapidly changing sector, including: Upstream: exploration and production of hydrocarbons across the full lifecycle of oil and gas fields. Downstream: oil and gas processing technology and resulting differentiated fuel and lubricant products. Renewables: a look at the role of IP in supporting renewables businesses, with a spotlight on a solar start-up. Digitalisation: the transformational impact of artificial intelligence and machine learning on the sector as a whole and how IP rights underpin this. Standard Essential Patents: how patents on wireless interoperability, at one time solely the domain of the telecoms industry, are increasingly applicable in the energy sector, and the licensing challenges this raises. Brand and reputation: how energy businesses seek to protect and exploit their brands and reputations as well as their technology, in order to differentiate themselves in an intensely competitive market. This report is essential reading for legal advisers and anyone in a commercial role dealing with the energy sector who is seeking a deeper understanding of the vital role intellectual property plays in shaping and achieving business objectives.

Discussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This timely and thought-provoking book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs and argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs.

This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums – including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders’ rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.

An overview of issues relevant to debates about solutions to global challenges, such as climate change, public health and food security.

We analyze inventions in green energy technologies over the period 2005-2017. We use a novel dataset, making use of the IPC Green Inventory of the World Intellectual Property Organization (WIPO) to analyze four broad categories of green energy technologies including alternative energy production technologies, energy conservation technologies, and green transportation. We use these data to look at how patent families and PCT international patent applications have evolved in this field in recent years. We find that energy innovation-related patenting has first expanded exponentially up until 2013, both in terms of the total number of patent families and PCT international patent applications in green energy technologies. Yet this period of accelerated growth in the number of published green energy patents has been followed by a period of deceleration—even a slow decline. Although most green energy technologies have seen a downward trend in the annual number of patents published since 2012, the decline has been most pronounced in nuclear power generation technologies and alternative energy production technologies. The latter notably include renewable energy technologies, such as solar and wind energy, and fuel cells. In contrast, patents in energy conservation technologies and green transportation technologies have continued to grow, but at a slower pace.

Hitherto, industry participants and professionals have had to navigate the emerging and complex Nigerian electricity supply industry (the power sector) without materials or texts that adequately and comprehensively address the history and policy issues, as well as the legal and regulatory frameworks of the industry. In particular, before this book, there was no book written from a practical and hands-on perspective on the key issues connected with the Nigerian power sector or Nigerian power projects generally; neither was there a book that provided good and practical insights on matters related to the negotiation of power sector transaction documents in Nigeria. The few available texts covered only limited aspects of the power sector as none covered multiple key issues. This 400 page book consisting of 10 chapters, attempts to fill the lacuna. It reviews the general legal and regulatory regime of the power sector. It also takes a comprehensive look at the power sector from a historical dimension and looks at where Nigeria is, in terms of the legal and regulatory regime, and the direction in which the country may be headed. Of particular interest to power sector professionals and other persons who negotiate contracts in the power sector or contracts related to the development of power projects, is the chapter which serves as a guide on negotiating key power sector contracts, such as Power Purchase Agreements, Gas Supply Agreements and Engineering, Procurement and Construction Contracts. Noteworthy, is the fact that the book contains contributions from internationally recognized energy law and policy experts like Stella Duru of Banwo & Ighodalo, Jason Kerr of White & Case, Arun Velusami of Norton Rose and Akshai Fofaria of Pinsent Masons. Further, the book considers other issues in the power sector, such as the Partial Risk Guarantee, which backstops the Federal Government of Nigerias payment obligations to power generation companies; and pricing issues.

'An historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.' Eva Hemmungs Wirtén, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.' Benjamin K. Sovacool, National University of Singapore In the wake of the international summits in Copenhagen and Cancún, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change. This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyses the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes. This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book.