Intellectual Property in the Energy Sector

Challenges and Opportunities for an Industry in Transition

Edited by Jon Moorhouse

Publication date:

09 June 2022

Length of book:

112 pages

Publisher

Globe Law and Business

Dimensions:

297x210mm
8x12"

ISBN-13: 9781787428102

BOOK DESCRIPTION
TABLE OF CONTENTS

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.

Introduction 7 Jon Moorhouse Keystone Law I. Energy joint ventures: upstream 11 Jon Moorhouse Keystone Law 1. Exploration 12 1.1 Data acquisition 12 1.2 Data processing and interpretation 14 2. Production 16 3. End of field life 22 4. Intellectual property management 22 II. A downstream perspective 25 Maeve O’Flynn Finnegan Europe LLP Paul Townsend Finnegan LLP 1. Process technology 25 1.1 How can process technology be protected? 26 1.2 What protection is offered by process patents? 26 1.3 In which circumstances will competitor activity be outside the scope of protection of your process patent? 27 1.4 How do you ensure that the claims of your process patent provide commercially useful protection? 30 1.5 Will you be able to prove infringement of your process patent? 32 1.6 What is the value of your process patents? 32 2. Differentiated products 35 2.1 How should I protect products resulting from collaborative development? 35 2.2 How do I protect innovative products resulting from open innovation? 36 2.3 What are the IP challenges when considering freedom to operate for a large portfolio of differentiated products? 38 3. Conclusion 40 III. Renewables: solar – spotlight on BNRG 43 Eoin Langford BNRG Renewables Ltd Jon Moorhouse Keystone Law 1. Introduction 43 2. Hardware 44 2.1 The technology 44 2.2 Manufacture 47 2.3 Procurement 48 3. Project development and asset management 49 3.1 Site selection and design optimisation 49 3.2 EPC and partnering 51 4. Reputation and brand management 52 IV. Digitalisation 55 Charles T Collins-Chase Kathryn R Judson Paul Townsend Finnegan LLP 1. Digitalisation and artificial intelligence are rapidly changing the energy industry 55 2. Potential intellectual property issues facing AI and digital innovations 57 2.1 Patent eligibility 57 2.2 Patent inventorship 59 2.3 Trade secret protection 60 3. Patents: common issues and strategies 62 3.1 Strategies for overcoming patent-eligibility challenges 62 3.2 Strategies for avoiding inventorship issues 66 4. Trade secrets: strategies for navigating common pitfalls 67 5. Conclusion 71 V. Standard essential patents: licensing challenges for energy companies 75 Robert Pocknell Keystone Law 1. Standards in the energy industry 76 1.1 Smart meters 76 1.2 Autonomous driving 77 1.3 Electric vehicle charging 77 2. What is the standards-setting process? 77 3. What SEP issues arise in the standards-setting process? 79 4. What does FRAND (fair, reasonable and non-discriminatory) mean? 80 5. Why are these telecoms issues relevant to the energy industry? 83 5.1 Example: a ‘smart’ water flow meter 84 6. What can be done? 86 VI. Brand protection 89 Sean Ibbetson Bristows LLP 1. Introduction: the value of brands in the energy sector 89 2. How the energy sector protects its brands 90 2.1 Trademarks (registered) 90 2.2 Trademarks (unregistered) 97 2.3 Designs (registered and unregistered) 99 2.4 Copyright 100 3. Enforcement issues: jurisdiction, remedies and online enforcement 101 3.1 Jurisdiction 101 3.2 Remedies 101 3.3 Online enforcement issues 103 4. Advertising disputes 106 5. Conclusion 106 About the authors 108 About Globe Law and Business 112

Please get in contact with Nicola at nicola@globelawandbusiness.com if you have any questions.

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