Workshop III Patents and green technologies - aippi.org · Dr. Bertram Huber, Rechtsanwalt 3...
Transcript of Workshop III Patents and green technologies - aippi.org · Dr. Bertram Huber, Rechtsanwalt 3...
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 13 October 2010
AIPPI World Intellectual Property Congress
Paris, 2010.10.04
Workshop III
Patents and
green technologies
Dr. Bertram HuberRechtsanwalt
IP*SEVA, Backnang (Stuttgart)
US Partner Office: Los Angeles, CA
IP*SEVA SEVA means "service" in Sanskrit
� Intellectual Property for Sustainable Energy Ventures
� IP*SEVA stands for:� Concentration on sustainable energy and environmental technology
� Expertise and experience, esp. in research & development
collaboration, joint venture, and technology licensing agreements
� Globally encompassing international network
� Co-principal: Dr. Cynthia Cannady, Esq., member of the
Bars of the State of California and the District of Columbia,
Los Angeles, CA, USA
� www.IPSEVA.com
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 23 October 2010
What is special about IP*SEVA ?
� GLOBAL perspective and activities
� Unique CONCENTRATION on Sustainable Energy and
Environmental Technologies
� Unusual NETWORK of global connections
� Law Firms, esp. Patent, Corporate, Tax,
Regulatory issues
� Business Opportunities:
R&D Collaborations, Investment
� Financing, Venture Capital
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 33 October 2010
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 43 October 2010
Topics
� Big challenges
� Technical solutions and their cost
� UNFCCC 2009.12 Copenhagen: Results
� Suggested proposals for the IP field
� Contributions by Patent Offices
� Government measures
� Private sector contribution
� Conclusions
Where do we come from?
� 1kWh / day
� = daily work efficiency of a human
Dr. Bertram Huber, IP*SEVA
Backnang (Stuttgart), Germany 63 October 2010
Industrialization
� James Watt
� Primary energy
� Wood
� Coal
� Crude Oil
� Nuclear power
� Environmental Problems
� Dust
� CO2
� ...
Dr. Bertram Huber, IP*SEVA
Backnang (Stuttgart), Germany 73 October 2010
Possible Solutions
� Wind
� Water
� Sun
� From single PV panel to Desertec (Andasol)
Within six hours deserts receive more energy
from the sun than mankind consumes within
a year
Dr. Gerhard Knies, Desertec Foundation
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 83 October 2010
Status: Generation of Energy *
� Solar
� Solar Concentrating solar power (CSP)
� Solar heating and cooling
� Photovoltaic power (PV)
� Wind energy
� Geothermal
� Geothermal power
� Geothermal heat
� Ground-source heat pump
* In accordance with UNEP, EPO, ICTSD, Patents and clean energy: bridging the gap between
evidence and policy, Final Report, 30 September 2010, Annex 1
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 93 October 2010
Commercialization
/Deployment
Status: Energy Generation (2)
� Hydropower
� Mini Hydro (< 1MW)
� Small hydro (1-10 MW )
� Large hydro (>10 MW)
� Biomass
� Combustion
� Gasification
� Digestion
� Biofuels
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 103 October 2010
Status: Energy Generation (3)
� Ocean
� Tidal range
� Tidal stream
� Wave power
� Ocean thermal
� Energy conversion (OTEC)
� Salinity gradient
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 113 October 2010
UNFCCC 2009.12 Copenhagen
� Discussion, debate, but not many concrete results and
decisions
� No specific result regarding IP …
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 123 October 2010
UNFCCC – Plan and Result
� UN Framework Convention on Climate Change - Plan
� Building on the Bali Action Plan
� Intended coming into effect 2012
� Specific measures and goals
� Clear responsibilities
� UNFCCC – Resut: Copenhagen Accord (3 ½ pages)
� Appendices I and II: Quantified emission targets for 2020 and/or
specific “actions”, respectively
� Promise of financial aid to developing countries
� 2010 – 2012: until around 30 bln. USD
� 2020: 100 bln. USD (public and private)
Dr. Bertram Huber, IP*SEVA
Backnang (Stuttgart), Germany 133 October 2010
UNFCCC - Structure, Bodies
� High Level Panel
� Investigation of financial sources, including “alternative financial
sources”
� Copenhagen Green Climate Fund (CGCF)
� Technology Mechanism
Dr. Bertram Huber, IP*SEVA
Backnang (Stuttgart), Germany 143 October 2010
Tasks of the CGCF
� Project support, ...
� Technology development and transfer
� “Technology Mechanism” intended to further, enhance
development and transfer
� Specific previous conditions and priorities of the various
countries to be taken into account
� 2015: Review regarding putting into practice of the Accord
Dr. Bertram Huber, IP*SEVA
Backnang (Stuttgart), Germany 153 October 2010
Research & Development Effort
� …extremely high!
� Expensive
� UNFCCC (before Copenhagen) estimated yearly requirements
of up to 170 bln. USD until 2030
� Other estimations expect 2 to 3 times as much per year
> 500 bln. USD per year
� Again other estimations arrive at 1 trillion USD/year
(= 1,000,000,000,000 USD)
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 163 October 2010
R&D – Where , by whom?
� 95 % in OECD countries + CN + RU
� 80 % in G8 countries
� Share of private business 70 %
� Decisive to maintain motivation to invest!
� Collaboration is indispensable!
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 173 October 2010
R&D Collaborations Worldwide
� Substantial increase of collaborations in the R&D field
involving partners from
� Industrialized countries
� Emerging economies and
� Developing countries.
� Collaborations between
� Enterprises
� Universities and scientific institutions
� Government agencies
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 183 October 2010
Definitions
� Environmentally Sound Technologies (EST)
� Climate Change Mitigation Technologies (CCMT)
� Clean energy technology (CET)
� What is it exactly? What is not comprised?
� Not easy to define
� Principally not narrow; examples:
� Heat and drought resistant crop
� Wind energy turbine
� More efficient computer technology
� …
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 193 October 2010
Proposals for the IP Field
� Improved patent information, databases
� Patent free areas
� Patent pools
� Compulsory licensing
� Structured licensing mechanisms
� Greening of patent laws
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 203 October 2010
Improved Patent Information
� Generate new databases?
� We have them already!
� EspaceNet� http://ep.espacenet.com/advancedSearch?locale=en_EP
� WIPO PatentScope� http://www.wipo.int/pctdb/en/search-adv.jsp
� Specifically for EST / CCMT
� UNEP, EPO, ICTSD, Patents and clean energy: bridging the gap
between evidence and policy, Final Report, 1 October 2010
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 213 October 2010
Patent Free Areas
� Eco Patent Commons – WBCSD
� Free of charge
� But: license ends, when patent holder is being attacked by
licensee, regardless on which technical field
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 223 October 2010
Patent Pools
� “Real” Patent pools, similar to MPEG-2 etc.
� Usually takes a long time to establish, complicated, bureaucratic
� But also: “one-stop-shop”, (better) transparency, ...
� Core question: amount of (cumulative) license fees
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 233 October 2010
Compulsory Licensing
� Free of charge > no motivation for R&D
� Against consideration:
Really necessary to institute new regulations beyond
existing regimes and practices?
� To a large extent legal regulations already exist
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 243 October 2010
Are Patent Licenses alone sufficient?
� The relevant technologies are (typically) very complex;
reproduction only on the basis of patents is usually not
possible
� Experience, know-how/trade secrets,
capacitation/education etc. are needed in addition
Dr. Bertram Huber, IP*SEVA
Backnang (Stuttgart), Germany 253 October 2010
Structured Licensing Mechanisms
� Technology Transfer Mechanism or Technology
Mechanism (11., Copenhagen Accord)
� Aims:
� Make technology transfer happen at all
� Cost control, moderation
� “Single window”
� Efficiency?
� Bureaucracy!
� Practical difficulties...
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 263 October 2010
Structured Licensing Mechanisms (2)
� Model Contracts
� If binding: too narrow, often incompatible, not sufficiently adapted
to specific previous conditions and requirements
� If meant to be a supportive tool only: helpful support
� Generally: Knowledge and experience in IP and technology
transfer, but also research and development and other technology
collaboration projects essential
Dr. Bertram Huber, IP*SEVA
Backnang (Stuttgart), Germany 273 October 2010
Greening of Patent Laws
� Will be covered by Estelle Derclaye in her presentation
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 283 October 2010
Contributions by Patent Offices
� Classification
� Speed of processing of patent applications in the EST /
CCMT field
� Preferred treatment at request
� Plus general requirements:
� High quality professional work
� User oriented practices and procedures
� Cost-effectiveness
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 293 October 2010
Efficient Competition Needs Patents
� The size of unresolved problems requires maximized
efforts
� Only possible in a functioning competitive environment
� Correlation between established IP system, including
efficient enforcement, and technology transfer on the one
hand and foreign investment on the other hand
� Probably best example: the development in China in
recent decades
� But also very positive developments in many other
countries: e. g. Brazil, India, ASEAN, ...
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 30
3 October 2010
Government Measures
� (Internationally coordinated) measures of the
Governments are indispensable
� In order to create the necessary legal framework conditions, to set
(emission) targets – and to ensure compliance therewith
� In order to raise the necessary financial means for developing (and
emerging) countries – by direct financial aid or credits
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 31
3 October 2010
No Contribution from Private Sector?
� Private sector cannot go back to “business as usual”
(particular after the disaster of the financial crisis)
� Good Governance (Compliance) becomes more important
than ever
� Fair and adequate dealings with business partners are
always the best basis for lasting and sustainable business
relationships
� The civil society is co-responsible for the comprehensive
implementation of such standards
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 323 October 2010
Private Sector (2)
� Renaissance of responsible business behavior necessary
� Not only driven by short-term goals and financial advantage only *
� Responsibility and obligations for
� Own employees and associates
� Society at large
� Social standards
� Environment, climate protection
� ...
� Also needed: responsibility of capital owners and investors
„Profit is as necessary as air to breathe, but it would be bad if we did business to make
profits only as it would be bad if we only lived to breathe.“
Hermann Abs, German banker, 1901 - 1994
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 333 October 2010
Summary/Conclusions
� Preparedness to collaborate is essential, involving
partners from industrialized, emerging and developing
countries
� Responsible attitude of private businesses
� Public regulations, incentives
� Pressure from the civil society
� No new patent regime needed
� = win-win for everybody!
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 343 October 2010
Dr. Bertram Huber, Rechtsanwalt
IP*SEVA, Backnang (Stuttgart) 353 October 2010
Thank you very much for your attention!
www.IPSEVA.com
US Associated Office:
Cynthia Cannady, Los Angeles, [email protected]