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CambridgeIP

The Economics of Climate
Change: Taking the lead, IP
Ownership
Extracts from Chevening Fellows Lecture
Wolfson College, Cambridge

28 January 2010

Quentin Tannock, LLB (Hons), LLM (Cantab)
CambridgeIP: Chairman, Co-founder


                                            © 2010 CambridgeIP. All rights reserved
Lecture Introduction – The Economics of Climate Change:
  IP Ownership, taking the lead (1)

•  This presentation contains extracts from Quentin Tannock’s 28
   January 2010 Chevening Lecture at the University of Cambridge,
   arranged by the Programme for Sustainability Leadership
      Considering the research and conclusions presented in the
       Chatham House & CambridgeIP report ‘Who Owns our Low
       Carbon Future’. To download this report, click here
      Presenting Case Studies of the impact on patent activity of the
       Montreal Protocol on CFCs, and of Feed In Tarrifs in relation
       to PV and Wind in some countries.
      Discussing options for technology transfer in CleanTech –
       including options drawn from successful existing cross-
       licensing, patent-pooling and standards regimes.




                                         © 20010 Cambridge Intellectual Property Ltd. All rights reserved
  2
Lecture Summary – The Economics of Climate Change &
IP, taking the lead


  Much applicable technology exists, and the drivers & mechanisms
   for technology owners to deploy their technologies can be identified.
    o  Significant challenges remain - in particular with respect to valuation of, payment
       for and deployment of applicable technologies.
    o  Policymakers need to develop ‘smart’ technology and IP policies that consider the
       large diversity in technologies, markets & players; and that draw lessons from
       past experiences of technology deployments
  Much can be done to improve the transparency and efficiency of the
   current Intellectual Property (IP) system without radical overhaul –
   we should urgently address these ‘low energy’ improvements
  The over 50 million patents filed globally represent a global
   technology library of prior inventions. Many of these patents have
   expired or have been abandoned, rendering them freely available
   for use. We should invest in improving access to this wealth of
   information on existing technologies.


                                                  © 20010 Cambridge Intellectual Property Ltd. All rights reserved
3
Contents

•  Context: Technology, IP & Technology Transfer
•  Diversity: IP ownership of Low Carbon technologies
•  Impact: Policy interventions & international deals
•  Case study: Wind
•  Discussion: Conclusions, Questions, Options
•  Case Study: Licensing Regime Options for a commercial
   client
•  Conclusions
•  Acknowledgements
•  Appendix
         –    Relevant UNFCCC provisions
         –    WTO and TRIPS
         –    Extracts from Stern Review
         –    CambridgeIP approach         © 2010 CambridgeIP. All rights reserved
     4
         –    Contact us
December 2009 protest against climate change




5
Context: Technology


“The problem of climate change is solvable – many
  of the technologies required are available today
  while others can be developed if the right
  incentives are in place.”



UNFCC secretariat report on Technology Needs
   Assessments (TNAs) 2009 lists:
•  Mitigation technologies
    –  Energy; Agriculture & Forestry; Transport; Industry; Waste
       Management
•  Adaptation technologies
    –  Agriculture and Forestry; Costal Zone; Systematic monitoring;
       Health; Natural disasters
                                                          © 2010 CambridgeIP. All rights reserved
6
Context: IP regime – challenges & opportunities
“The intellectual property regime can act as an incentive to the innovator, but the
   granting of the property right can also slow the dissemination of technological
   progress and prohibit others from building on this innovation. Managing this balance
   is an important challenge for policymakers.”
The Stern Review, Chapter 16, page 369

Valuing IP – how do we decide what the IP is worth?
     -    Costs approach (using anticipated costs of maintenance & defense of IP over its lifetime as basis for
          calculations of the value of that IP); Econometric approaches (including Productivity; Profitability/Market
          Value; Employment & Wage levels)


Patenting rates are significant with over 50 Million patents and patent applications
    worldwide
     –    Relative patenting rates vary from industry to industry
     –    Not all technology is patented: There are other forms of IP protection
     –    Many patents never result in commercially successful products, and a relatively high proportion of patents
          are abandoned before their term expires: Sound business models and good commercial returns can be more
          important than patented IP


The patent system is over-loaded
     –    Anecdotally we glean that there are up to 800,000 patent applications outstanding in the USA, with Japan
          and the EPO additionally having a backlog of several hundred thousand patent applications each (see our
          blog)
                                                                     © 2010 Cambridge Intellectual Property Ltd. All rights reserved
7
Context: IP & Low Carbon Tech Transfer – incentives &
disincentives
At the international level there is an expectation that developing
   countries will undertake mass technology transfer…
    –  Questions include: Who owns the technology? Who pays? What price? Will
       transfer be effective? (e.g. Does the infrastructure exist in transferee states or
       with transferee companies / entities to take full advantage of the transfer? IP
       systems, capabilities. Will transferors be motivated to ensure effective
       transfer?)


International IP related issues are considered by the UNFCCC’s Expert
   working group on technology transfer (EGTT)
         •  Established under COP7 (2001) to implement Article 4.5



At the national level specific measures exist to improve performance of
   the patent system in CleanTech
    –  USA
         •  USPTO ‘accelerated examination’
         •  Bayle-Dole Act to encourage commercialisatoin of publically funded R&D
    –  UK IPO ‘Green Fast-Track’ (GFT)
    –  China adoption of the GFT (see our blog)
                                                              © 2010 Cambridge Intellectual Property Ltd. All rights reserved
8
A wealth of technical knowledge

    The patent system represents a significant
            global technological library

•  Patents as data are:
     –    Structured
     –    Comparable
     –    Objective
     –    Information rich


•  Multiple patent data sources are available (an opportunity and
   a challenge!), e.g:
     –    USPTO
     –    Espace.net
     –    Google Patents
     –    Specialists like CambridgeIP
                                         © 2010 Cambridge Intellectual Property Ltd. All rights reserved
9
A wealth of knowledge about technology R&D

•  Patents provide
     –  Specifications of technologies, and their uses, with technical diagrams
     –  Information on the relationships between technologies, and the R&D
        relationships underpinning developments and their intensity
•  Many patents are freely available for immediate use (e.g. expired
   patents may represent ‘white space’ in which there is freedom to
   operate)

 Linkages of Boeing in Concentrated Solar Power – data   An example patent diagram, showing an actuation system
 extracted from patent analysis by CambridgeIP           for a medical inhalation device




                                                         © 2010 Cambridge Intellectual Property Ltd. All rights reserved
10
Contents

•  Context: Technology, IP & Technology Transfer
•  Diversity: IP ownership of Low Carbon technologies
•  Impact: Policy interventions & international deals
•  Case study: Wind
•  Discussion: Conclusions, Questions, Options
•  Case Study: Licensing Regime Options for a commercial
   client
•  Conclusions
•  Acknowledgements
•  Appendix
          –  CambridgeIP approach
          –  Contact us


                                           © 2010 CambridgeIP. All rights reserved
     11
CambrigeIP’s Diverse Low Carbon & Energy
Focus Areas


      Wind Energy                                            Nano Devices
                          Fuel Cells
      Systems                                                & Materials

                          Advanced
                                                             GeoThermal
      Biomass             Refrigeration
                                                             Energy
                          Clean Coal                         Systems
      Photovoltaic &      Carbon Capture
      Component           CO2-EOR                             Refineries,
      Technologies                                            Power Gen,
                          Marine
                                                              Co-Gen.
      Concentrated        Transport
                                                              Consortia &
      Solar & Other
                          Smart                               Research
      Energy Storage
                          Grid                                Alliances
      Systems                              © 2010 CambridgeIP. All rights reserved
 12
Chatham House and CambridgeIP have developed a patent
 database focused on six Low Carbon energy technologies
A recently completed patent landscaping research effort by CambridgeIP and
Chatham House has sought to identify:
   Facts on the ground – to move beyond myths and to practical solutions
   Building blocks for technology transfer practices in the low-carbon energy space

                                                    1.    Biomass to Electricity
     Chatham House and CambridgeIP
    have developed a unique collection              2.    Carbon Capture
         of 57,000 patents and related              3.    Cleaner Coal
        analyses focused on 6 areas of              4.    Concentrated Solar Thermal (CST)
                    energy technology               5.    Solar PV
                                                    6.    Wind


                                Following the patent landscaping exercise, Ilien Iliev of CambridgeIP
                                co-authored a report with Bernice Lee and Felix Preston of Chatham
                                          House: Who Owns Our Low Carbon Future?
                                   Full report available for download at Chatham House’s website:
                                                      www.chathamhouse.org.uk


                                                                                                    13
Apart from wind and solar PV, patenting activities growth in other
cleaner energy sectors are surprisingly sluggish




                        Patent applications may be unpublished for 18+ months. Therefore the number of
                                          reported patents for the last 2 years may be under-represented.
                                                                                                            14
Geographical origins of assignees indicate innovation
strengths & capacities

•  Aside from China, patent assignees are predominantly from
   OECD economies




                                                               15
Patent families indicate the commercial value of inventions


•  Most commercial value is concentrated in a relatively small
   number of patent families



               In each technology field there’s 250-500
                     patent families with >10 members




                                                                 16
High-carbon companies control some of the key knowledge
assets underpinning the low carbon economy




                                                          17
The public sector is also a key actor, and its role is likely to
expand
•  Public-institution owned IP may be the easiest point at which we
   can implement innovative licensing practices




                                                     Universities own directly a relatively small proportion
                                                                        of total patents
                                                     The ‘expanded patent footprint’ is likely to be much
                                                              higher: licensed tech & spin-offs




                                                                                                        18
Patent related barriers to technology transfer – some
questions

•  Relative concentration rates of IP ownership?
     –  Relative volume of IP owned by ‘aggressive’ entities?
     –  In which part of the value chain does this IP lie?
     –  What proportion of IP generation comes from University or
        public-funded/owned R&D?
•  Do Patent thickets exist?
•  How to value IP?
•  Are national patent offices over-loaded?
     –  Can ‘green’ patents be ‘fast tracked’ as in the UK and China?
•  Informational overload & information access difficulties?
   (Over 50 million patents in 100’s of patent offices around
   the world)
•  Other patent related barriers?
                                          © 2010 Cambridge Intellectual Property Ltd. All rights reserved
19
Contents

•  Context: Technology, IP & Technology Transfer
•  Diversity: IP ownership of Low Carbon technologies
•  Impact: Policy interventions & international deals
•  Case study: Wind
•  Discussion: Conclusions, Questions, Options
•  Case Study: Licensing Regime Options for a commercial
   client
•  Conclusions
•  Acknowledgements
•  Appendix
          –  CambridgeIP approach
          –  Contact us


                                           © 2010 CambridgeIP. All rights reserved
     20
Impact of Montreal Protocol on medical inhaler industry

•  Aside from Kyoto, the Montreal Protocol on CFCs was
   probably the highest impact international climate change
   deal
•  There was massive industry impact & behavioral change
      –  To choose just one example in the Health Sector, the CFC ban
         impacted many of the inhaler industry’s key players
      –  We identified two broad strategies for ‘inhaler industry’ adaptation
         to the Montreal Protocol
          •  pMDI space innovations: innovation in propellant formulations leading to
             increased propellants-focused pMDI patents
          •  Moving out of pMDIs: A move into Dry Powder Inhalers, essentially
             ‘substituting’ the need for a propellant
      –  See the next slide for patent trends in these 2 areas




                                                              © 2010 CambridgeIP Ltd. All rights reserved.
 21
Strategic Analysis of Industry Technology Trends post
     Montreal
•    The 1987 Montreal Protocol introduced a range of control measures
     for the production and use of CFCs
•    This had a major impact on the inhaler industry overall, and pMDI
     manufacturers in particular
•    Two strategies emerged to deal with this market development,
     resulting in accelerated patenting



            pMDI space innovations in propellants based on       Moving out of pMDIs: A number of companies moved
           the 2 HFAs that were allowed to be used (HFA 134a &              out of pMDIs and into Dry Powder Inhalers
                                                          227)




                                                                    © 2010 Cambridge Intellectual Property Ltd. All rights reserved
      22
Policy Impacts: Patenting has generally grown with
deployment rate



                 Wind                                Solar PV




                                                                23
Low-Carbon Technology – Some specific considerations


•  Public public awareness… & public expectation… is unusually high
•  Technologies, Market Sectors, Players and Geographical location are
   extremely diverse – and this is reflected in the patent data
       –  Focus is required: Are the ‘Low Carbon’, ‘Green’, ‘CleanTech’ categories too broad
          and too inclusive?
•  International ‘deals’ have a huge impact
       –  Aside from Kyoto, the Monreal protocol on CFCs was probably the largest
          relevant deal done, and teaches that there will be a real, and possibly
          significant, impact on innovation, IP & tech transfer after any deal
•  Young and insecure: Technologies, and business models, are ‘young’
   and consequently relatively fragile in some sub-spaces
       –  Commercial confidence is lacking: Increases the ‘positive impact’ of public
          procurements & market guarantees (like Feed In Tariffs). If the market has sector
          confidence there will be massive private investment, however beware of unintended
          consequences & ‘negative impacts’ (e.g. the current patent thicket in inhalers)
       –  Technology transfer ‘leading practice’ and standard terms are often not yet
          established (what is ‘fair and reasonable’ is not yet known)
•  Others?
                                                       © 2010 Cambridge Intellectual Property Ltd. All rights reserved.
  24
Contents

•  Context: Technology, IP & Technology Transfer
•  Diversity: IP ownership of Low Carbon technologies
•  Impact: Policy interventions & international deals
•  Case study: Wind
•  Discussion: Conclusions, Questions, Options
•  Case Study: Licensing Regime Options for a commercial
   client
•  Conclusions
•  Acknowledgements
•  Appendix
          –  CambridgeIP approach
          –  Contact us


                                           © 2010 CambridgeIP. All rights reserved
     25
Wind Energy: A Detailed Look




Wind turbines are
  complex
  technology
  systems




 26
Wind Energy: Key Components & Applications




 Components or
 application level
 analysis can help
 us identify core
 areas of
 innovation, or
 where new
 activities are
 emerging


 There are significant overlaps between
  some of these sub-spaces: revealing
 patents with multiple or systems-level
                  claims

  27
Wind Energy comprises many overlapping technological fields

An overlap analysis reveals
•     A very close relationship between ‘energy storage’ solutions and ‘generator’ (65.8% of
      ‘energy storage’ solutions are associated with ‘generator’ solutions)
•     The most ‘independent’ components from the Wind Energy technology system are
      “energy storage” and “Software/control systems”
•     The majority of offshore-related patents are associated with the blades and generator




     28
Top Assignees: Overall and by Technology Component

  It is of interest to understand the extent to which the value chain is ‘owned’ or controlled by the top
              organisations overall: are there areas where new entrants are making an impact?




      2
      9
Wind Energy Case Study: Enercon

Founded in 1984 by Aloys Webben,
   Enercon is a privately owned
   German company that has become
   a key player in the Wind Energy
   sector with revenues of $2.5bln
•    A key innovation of Enercon is the direct
     drive wind turbine: arguably a more reliable
     alternative to gear-driven turbines
•    Recently Enercon has extended its activity
     downstream into desalination and combined
     wind-diesel systems




          Enercon has been actively pursuing its IP position:
          •  Enercon vs. ITC & Zond Energy Systems (1998)
          •  Possible cross-licensing deal with another Top 5 Wind Energy player



     30
Suzlon case study: India
•  Indian wind turbine manufacturer
     –  Established in 1995 with 20 people
     –  Now employs 14,000 in 21 countries
     –  Market leader in India (which is 5th globally in installed Wind), 3rd
        largest wind turbine manufacturer in the world

•  Strategy of acquiring leading European technology companies (and
   their IP) in the space…
     –  Rotor-blade design house: AE Roter Techniek (2000)
     –  Gear-transmission systems: Hansen International (2006)
         •  Subsequently sold a large stake in Hansen International (2009) but retained IP rights
     –  Turbine manufacturer: RePower (2009)
     –  Now has 12.3% of global wind turbine market globally
•  … and then manufacturing in India from a low-cost base




                                                                     © 2010 Cambridge Intellectual Property Ltd. All rights reserved
31
Low-Carbon Technology – Some specific considerations



•  ‘Multiplier effect’: High degree of cross-over from
   technology in once space to another
       –  Plane wing materials become Wind blades; Biotech becomes
          Biofuels
•  There is an increasing risk of IP related litigation as
   markets mature (e.g. Wind, PV)
•  Enormous opportunities for developed and developing
   countries to develop world leadership & own key IP,
   especially in emerging spaces
       –  E.g. Suzlon in India (Wind); Suntech in China (PV)




                                             © 2010 Cambridge Intellectual Property Ltd. All rights reserved.
  32
Contents

•  Context: Technology, IP & Technology Transfer
•  Diversity: IP ownership of Low Carbon technologies
•  Impact: Policy interventions & international deals
•  Case study: Wind
•  Discussion: Conclusions, Questions, Options
•  Case Study: Licensing Regime Options for a commercial
   client
•  Conclusions
•  Acknowledgements
•  Appendix
          –  CambridgeIP approach
          –  Contact us


                                           © 2010 CambridgeIP. All rights reserved
     33
Diverse Low Carbon Solutions & IP: Research conclusions (1)

 •  Innovation predominantly arises within the OECD & China,
    India is also a strong player
 •  Patent ownership is concentrated with incumbents in
    established spaces (such as CCS, Super Critical Coal) and is
    more dispersed in emerging spaces (such as Wind)
 •  There is huge diversity across sectors, players and
    technologies; coupled with relatively large amounts of ‘cross-
    over’ between technologies and sectors
 •  Enormous opportunities exist for developed and developing
    countries to develop world leadership in emerging spaces
        –  E.g. PetroBas in Brazil
 •  Time to mass deployment is far too long: Our research shows
    that it takes between 19 to 30 years for top cited low carbon
    technologies to reach the mass adoption phase

                                           © 2010 Cambridge Intellectual Property Ltd. All rights reserved
   34
Diverse Low Carbon Solutions & IP: Research conclusions (2)


   •  Many Low Carbon market and technology sectors are
      young & relatively fragile
   •  Policies have a large impact on technology development
      and diffusion
        –  Support to nascent Wind & PV sectors has resulted in ‘hockey
           stick’ innovation growth rates in some geographies
        –  Banning CFCs resulted in high rates of innovation in inhalers…
           and a patent thicket
   •  There is an increasing risk of IP related litigation as
      markets mature (e.g. Wind, PV)
   •  National level patent offices appear to be overloaded:
      Are there measures that can accelerate the consideration
      of ‘green’ patent applications?

                                             © 2010 Cambridge Intellectual Property Ltd. All rights reserved
   35
Measures proposed by UNFCC member states


•  Global technology pool for climate change
•  Mandatorily exclude from patenting climate-friendly technologies
   held by Annex II countries which can be used to adapt to or
   mitigate climate change
•  ‘Any international agreement on IP shall not be interpreted or
   implemented in a manner that limits or prevents any party from
   taking any measures to address adaptation or mitigation of climate
   change...’
•  ...ensure sharing of publicly funded technologies and related know-
   how
•  ...exclude from IPR protection and revoke existing IPR protection in
   developing countries and least developed countries on
   environmentally sound technologies…
•  Developing countries have the right to make use of the full
   flexibilities contained in TRIPS, including compulsory licensing
                                          © 2010 Cambridge Intellectual Property Ltd. All rights reserved
36
Measures proposed elsewhere

•  Business as usual
•  Establish R&D and tech transfer incentives for low carbon
   technology (e.g. tax rebates/reductions, investment incentives,
   grants)
•  Establish price incentives to give the private sector the confidence to
   invest (e.g. PV Feed In Tariffs in Germany)
•  Encourage commercial cross-licensing & standards regimes
      –  Support voluntary pooling / cross-licensing efforts
          •  Leave it to markets to decide prices & terms OR Subsidise licenses OR Ensure special
             access terms for certain types of players (LDCs, SMEs)
      –  Establish compulsory pooling / licensing (like TRIPS)
          •  Pool all ‘green’ technology OR Pool publically funded technologies (Making them freely
             available OR available at reduced cost)

•  Engage in patent buy-outs of key technologies
•  Additional limits on IPR ownership in some sectors e.g. by profits
   realised (i.e. once sufficient profits are realised, the relevant patent
   lapses)
                                                            © 2010 Cambridge Intellectual Property Ltd. All rights reserved
 37
Some of my suggestions – ‘low hanging fruit’

•  Develop model contracts for R&D collaboration, IP acquisition and IP
   license deals
     –  Transactional costs are reduced when parties can work from standard model templates,
        negotiations start from a fair and well-understood basis
     –  A good example are the ‘Lambert’ Agreements implemented by the UK government for
        University/Industry R&D collaborations
•  Establish a global database on licensing terms & leading practice in
   relevant sector(s)
     –  Establish benchmarks, encourage transparency & standardisation, share leading practices
     –  Organisations like WIPO might play a role, and countries could support the initiative through
        legislation
     –  Adopt Alternative Dispute Resolution (ADR*) measures to set ‘fair and
        reasonable’ (FRAND) license terms *(e.g. Mediation, Expert Determination, Arbitration)
•  Manage commercial risk through the establishment of specialist
   insurance mechanisms
     –  e.g. insurance to manage IP litigation risk in particular technology sectors
•  Capitalize on the existing, massive, global technology library
   represented by over 50 million patent documents – it’s currently
   under-utilised
     –  Sectoral mapping & multi-ontology database creation
     –  Technology mapping: IP Landscapes ®
38
                                                               © 2010 Cambridge Intellectual Property Ltd. All rights reserved
What are our options?



•  What options exist in relation to Low
   Carbon IP?

•  What ideas do you have to facilitate
   technology development and adoption in
   Low Carbon Energy spaces?




                          © 2010 Cambridge Intellectual Property Ltd. All rights reserved
39
Contents

•  Context: Technology, IP & Technology Transfer
•  Diversity: IP ownership of Low Carbon technologies
•  Impact: Policy interventions & international deals
•  Case study: Wind
•  Discussion: Conclusions, Questions, Options
•  Case Study: Licensing Regime Options for a commercial
   client
•  Conclusions
•  Acknowledgements
•  Appendix
          –  CambridgeIP approach
          –  Contact us


                                           © 2010 CambridgeIP. All rights reserved
     40
Case Study: Licensing Regime Options for commercial client

  Client Profile
    A Fortune 500 medical devices company asked us to help identify a transition strategy to help move an industry with a highly
    proprietary and litigious culture toward a more open cross-licensing approach

   Business Situation
 •  The client was concerned that R&D resources were invested into inventing around other incumbents, rather than on innovations to meet end-
    user needs. As a result key market niches remain unexplored, whilst regulatory pressure increased
 •  Key questions posed by our client were:
         •  evidence that the industry is ripe for change?
         •  What are the Pro’s and con’s for moving to a cross-licensing approach, based on other industry experience?
         •  What scenarios can be identified, resulting from a move to a cross-licensing regime?
         •  How to initiate change toward a cross-licensing regime?

   Our Approach                                                                 Results and Benefits
 •  We analysed patent related activity in the client industry and a
    comparator industry to reveal innovation trends, providing empirical
    evidence of the gap in innovativeness and increasing litigation risk
    in the client’s space.
 •  A series of interviews with experts and senior executives from the
    client’s and comparator industries helped relate the risks and          •  Our results showed the take-off in innovation rates in the
    benefits of moving to a cross-licensing approach.                          comparator industry after the introduction of industry-wide licensing
                                                                               agreements.
 •  We developed a ‘checklist’ of indicators for pressures of change, as
    well as strategic considerations that support a move towards a          •  We also compared patent citation rates and showed an increasing
    cross-licensing & standardisation regime.                                  inter-relatedness of technology in the clients space relative to the
                                                                               comparator space: increasing litigation risk in the absence of
 •  We also developed a sequencing strategy aimed at preserving our            licensing agreements
    clients industry leadership and protect traditional revenue sources
    during transition to the new regime.                                    •  Our client is using our outputs to build internal and external
                                                                               stakeholder support for the proposed cross-licensing regime




                                                                                                               © 2010 CambridgeIP. All rights reserved
Contents

•  Context: Technology, IP & Technology Transfer
•  Diversity: IP ownership of Low Carbon technologies
•  Impact: Policy interventions & international deals
•  Case study: Wind
•  Discussion: Conclusions, Questions, Options
•  Case Study: Licensing Regime Options for a commercial
   client
•  Conclusions
•  Acknowledgements
•  Appendix
          –  CambridgeIP approach
          –  Contact us


                                           © 2010 CambridgeIP. All rights reserved
     42
My conclusions: Low Carbon IP & Tech Transfer



•  Much applicable technology exists, and we can identify
   drivers & mechanisms for technology owners to
   undertake technology deployment
•  There are many pressures, and much can be done to
   improve the transparency and efficiency of the current
   IP system without radical overhaul
•  The technology world is complex, and we should develop
   ‘smart’ technology and IP policies that consider the
   diversity of technologies, markets & players
•  We should work to urgently improve access to the global
   technology library represented by over 50 million patent
   documents, this global resource is currently under-
   utilized
                                      © 2010 Cambridge Intellectual Property Ltd. All rights reserved
43
Acknowledgements

•  CambridgeIP
     –  The entire team but especially contributions by my
        colleagues, Ilian Iliev (Energy) and Arthur
        Lallement (Inhaler Devices)

•  Chatham House
     –  Bernice Lee and Felix Preston
        •  Read the Chatham House / CambridgeIP report: Who Owns
           Our Low Carbon Future? Intellectual Property and Energy
           Technologies (download from www.chathamhouse.org.uk)


•  University
     –  Programme for Sustainability Leadership
                                       © 2010 Cambridge Intellectual Property Ltd. All rights reserved
44
Contents




•  Appendix
      –  CambridgeIP approach
      –  CambridgeIP team
      –  Contact us




                                © 2010 CambridgeIP. All rights reserved
 45
CambridgeIP Fact-based IP Strategy Consulting


•  Competitive Intelligence:           Database-driven analysis and                  The CambridgeIP
   custom reporting on who the competitors are, where they are located,
   when they became active and who they are partnered with – extracted                    Advantage:
   from science literature
                                                                                    -     Proprietary Tools &
•  Prospective Partners:          Information on top corporate, university                Methodologies
   and governmental partner candidates operating in your area of interest –
   informed by data from patents and other science literature                       -     Multifaceted Team
•  Technology Roadmapping:                  Unpacking technology components         -     Deep Technical
   and ‘value chains’; Using published facts to verify and augment expert                 Expertise
   opinion on drivers, trends, milestones, barriers
                                                                                    -     Global IP Coverage
•  Benchmarking innovation & competitiveness:                                       -     Fact-based Advice
   Identification of key trends and geographical hot-spots, together with key
   players and their R&D relationships; Using literature to measure innovation      -     Extensive Network
   outputs
                                                                                    -     Referrals &
•  IP Landscape & FTO Input:               Our global IP databases,                       Introductions
   proprietary methodologies and consulting provide unique patent landscape
   coverage, highlighting technology gaps, “white space”, and informing due         -     Rapid turnaround
   diligence efforts




  46                                                                          © 2010 CambridgeIP. All rights reserved
CambridgeIP Expertise

 Our tools & methods are applicable to the full spectrum of
 high-technology developments
 Our work experience in 70+ projects per year has given us particular
 expertise in the following fields:
 • Energy
      –  Wind Energy, Biomass, Fuel Cells, Advanced Refrigeration, Photo Voltaics,
         Clean Coal / Carbon Capture, Concentrated Solar, Marine Transport, Waste
         Reduction

 • Health & Life Sciences
      –  Drug delivery; Medical devices; Medical imaging; Nanotechnology;
         Pharmaceutical formulations; Aerosols; Stem Cells & Regenerative
         medicine; Surgical materials; Wound healing

 • Nanotechnology
      –  Measurement innovations, Nanocomposite materials, Pharmaceuticals,
         Photonics, Photo Voltaics, Sensors




 47                                                                  © 2010 CambridgeIP. All rights reserved
Cambridge IP’s approach

Fact-based
•  Our technology platform enables us to gather and analyse a huge
   volume of published facts, informing your strategies
Comprehensive
•  Integration of data sources (e.g. market & financial data) with data
   from science literature informs understanding of markets and risks
Transparent and thorough methodology
•  Ensures repeatability and improves stakeholder confidence in and
   understanding of results
•  Improves uptake of results across your departments
More than text
•  Graphical and statistical analysis aids your rapid understanding of
   spaces, and improves accessibility for non-technical stakeholders




                                                            © 2010 CambridgeIP. All rights reserved
48
Selected team members




                                                                                                                     Sir Walter Herriot
   Quentin Tannock             IlianIliev                                Dr. Andrey Shigaev
                                                                                                                                  Advisor
Chairman & co-founder   CEO & co-founder                                     Senior Associate


                                                Dr. Daryl Boudreaux
                                                      Senior Associate


                                                                                                Karishma Jain
                                                                                                     Associate

       Angus Fox
  Technical Director
                        Dr. PhumzileLudidi                                                                       Miranda Weston-Smith
                                                                          Eren Ore
                                                                                                                         Senior Associate
                        Life Sciences Manager     Dr. Phil Coldrick       Associate
                                                   Senior Associate



                                                                                                 © 2010 CambridgeIP. All rights reserved
   49
Our contact details




                                            Ilian Iliev
      Quentin Tannock
                                            (CEO and Founder)
      (Chairman and Founder)
                                            ilian.iliev@cambridgeip.com
      quentin.tannock@cambridgeip.com
                                            GSM: +44-077-863-73965
      GSM: +44-077-8621-0305




      Corporate Office                      Internet Resources
      Cambridge Intellectual Property Ltd   Website:     www.cambridgeip.com
      Sheraton House, Castle Park           Blog:        www.cambridgeip.com/blog
      Cambridge CB3 OAX UK                  Sign-up for our Free Newsletter
      UK: +44 (0) 1223 370 098              on our Home Page
      Fax: +44 (0) 1223 370 040




 50                                                                  © 2010 CambridgeIP. All rights reserved

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CambridgeIP Chevening Lecture: The Economics of Climate Change - Taking the Lead in IP Ownership

  • 1. CambridgeIP The Economics of Climate Change: Taking the lead, IP Ownership Extracts from Chevening Fellows Lecture Wolfson College, Cambridge 28 January 2010 Quentin Tannock, LLB (Hons), LLM (Cantab) CambridgeIP: Chairman, Co-founder © 2010 CambridgeIP. All rights reserved
  • 2. Lecture Introduction – The Economics of Climate Change: IP Ownership, taking the lead (1) •  This presentation contains extracts from Quentin Tannock’s 28 January 2010 Chevening Lecture at the University of Cambridge, arranged by the Programme for Sustainability Leadership   Considering the research and conclusions presented in the Chatham House & CambridgeIP report ‘Who Owns our Low Carbon Future’. To download this report, click here   Presenting Case Studies of the impact on patent activity of the Montreal Protocol on CFCs, and of Feed In Tarrifs in relation to PV and Wind in some countries.   Discussing options for technology transfer in CleanTech – including options drawn from successful existing cross- licensing, patent-pooling and standards regimes. © 20010 Cambridge Intellectual Property Ltd. All rights reserved 2
  • 3. Lecture Summary – The Economics of Climate Change & IP, taking the lead   Much applicable technology exists, and the drivers & mechanisms for technology owners to deploy their technologies can be identified. o  Significant challenges remain - in particular with respect to valuation of, payment for and deployment of applicable technologies. o  Policymakers need to develop ‘smart’ technology and IP policies that consider the large diversity in technologies, markets & players; and that draw lessons from past experiences of technology deployments   Much can be done to improve the transparency and efficiency of the current Intellectual Property (IP) system without radical overhaul – we should urgently address these ‘low energy’ improvements   The over 50 million patents filed globally represent a global technology library of prior inventions. Many of these patents have expired or have been abandoned, rendering them freely available for use. We should invest in improving access to this wealth of information on existing technologies. © 20010 Cambridge Intellectual Property Ltd. All rights reserved 3
  • 4. Contents •  Context: Technology, IP & Technology Transfer •  Diversity: IP ownership of Low Carbon technologies •  Impact: Policy interventions & international deals •  Case study: Wind •  Discussion: Conclusions, Questions, Options •  Case Study: Licensing Regime Options for a commercial client •  Conclusions •  Acknowledgements •  Appendix –  Relevant UNFCCC provisions –  WTO and TRIPS –  Extracts from Stern Review –  CambridgeIP approach © 2010 CambridgeIP. All rights reserved 4 –  Contact us
  • 5. December 2009 protest against climate change 5
  • 6. Context: Technology “The problem of climate change is solvable – many of the technologies required are available today while others can be developed if the right incentives are in place.” UNFCC secretariat report on Technology Needs Assessments (TNAs) 2009 lists: •  Mitigation technologies –  Energy; Agriculture & Forestry; Transport; Industry; Waste Management •  Adaptation technologies –  Agriculture and Forestry; Costal Zone; Systematic monitoring; Health; Natural disasters © 2010 CambridgeIP. All rights reserved 6
  • 7. Context: IP regime – challenges & opportunities “The intellectual property regime can act as an incentive to the innovator, but the granting of the property right can also slow the dissemination of technological progress and prohibit others from building on this innovation. Managing this balance is an important challenge for policymakers.” The Stern Review, Chapter 16, page 369 Valuing IP – how do we decide what the IP is worth? -  Costs approach (using anticipated costs of maintenance & defense of IP over its lifetime as basis for calculations of the value of that IP); Econometric approaches (including Productivity; Profitability/Market Value; Employment & Wage levels) Patenting rates are significant with over 50 Million patents and patent applications worldwide –  Relative patenting rates vary from industry to industry –  Not all technology is patented: There are other forms of IP protection –  Many patents never result in commercially successful products, and a relatively high proportion of patents are abandoned before their term expires: Sound business models and good commercial returns can be more important than patented IP The patent system is over-loaded –  Anecdotally we glean that there are up to 800,000 patent applications outstanding in the USA, with Japan and the EPO additionally having a backlog of several hundred thousand patent applications each (see our blog) © 2010 Cambridge Intellectual Property Ltd. All rights reserved 7
  • 8. Context: IP & Low Carbon Tech Transfer – incentives & disincentives At the international level there is an expectation that developing countries will undertake mass technology transfer… –  Questions include: Who owns the technology? Who pays? What price? Will transfer be effective? (e.g. Does the infrastructure exist in transferee states or with transferee companies / entities to take full advantage of the transfer? IP systems, capabilities. Will transferors be motivated to ensure effective transfer?) International IP related issues are considered by the UNFCCC’s Expert working group on technology transfer (EGTT) •  Established under COP7 (2001) to implement Article 4.5 At the national level specific measures exist to improve performance of the patent system in CleanTech –  USA •  USPTO ‘accelerated examination’ •  Bayle-Dole Act to encourage commercialisatoin of publically funded R&D –  UK IPO ‘Green Fast-Track’ (GFT) –  China adoption of the GFT (see our blog) © 2010 Cambridge Intellectual Property Ltd. All rights reserved 8
  • 9. A wealth of technical knowledge The patent system represents a significant global technological library •  Patents as data are: –  Structured –  Comparable –  Objective –  Information rich •  Multiple patent data sources are available (an opportunity and a challenge!), e.g: –  USPTO –  Espace.net –  Google Patents –  Specialists like CambridgeIP © 2010 Cambridge Intellectual Property Ltd. All rights reserved 9
  • 10. A wealth of knowledge about technology R&D •  Patents provide –  Specifications of technologies, and their uses, with technical diagrams –  Information on the relationships between technologies, and the R&D relationships underpinning developments and their intensity •  Many patents are freely available for immediate use (e.g. expired patents may represent ‘white space’ in which there is freedom to operate) Linkages of Boeing in Concentrated Solar Power – data An example patent diagram, showing an actuation system extracted from patent analysis by CambridgeIP for a medical inhalation device © 2010 Cambridge Intellectual Property Ltd. All rights reserved 10
  • 11. Contents •  Context: Technology, IP & Technology Transfer •  Diversity: IP ownership of Low Carbon technologies •  Impact: Policy interventions & international deals •  Case study: Wind •  Discussion: Conclusions, Questions, Options •  Case Study: Licensing Regime Options for a commercial client •  Conclusions •  Acknowledgements •  Appendix –  CambridgeIP approach –  Contact us © 2010 CambridgeIP. All rights reserved 11
  • 12. CambrigeIP’s Diverse Low Carbon & Energy Focus Areas Wind Energy Nano Devices Fuel Cells Systems & Materials Advanced GeoThermal Biomass Refrigeration Energy Clean Coal Systems Photovoltaic & Carbon Capture Component CO2-EOR Refineries, Technologies Power Gen, Marine Co-Gen. Concentrated Transport Consortia & Solar & Other Smart Research Energy Storage Grid Alliances Systems © 2010 CambridgeIP. All rights reserved 12
  • 13. Chatham House and CambridgeIP have developed a patent database focused on six Low Carbon energy technologies A recently completed patent landscaping research effort by CambridgeIP and Chatham House has sought to identify: Facts on the ground – to move beyond myths and to practical solutions Building blocks for technology transfer practices in the low-carbon energy space 1.  Biomass to Electricity Chatham House and CambridgeIP have developed a unique collection 2.  Carbon Capture of 57,000 patents and related 3.  Cleaner Coal analyses focused on 6 areas of 4.  Concentrated Solar Thermal (CST) energy technology 5.  Solar PV 6.  Wind Following the patent landscaping exercise, Ilien Iliev of CambridgeIP co-authored a report with Bernice Lee and Felix Preston of Chatham House: Who Owns Our Low Carbon Future? Full report available for download at Chatham House’s website: www.chathamhouse.org.uk 13
  • 14. Apart from wind and solar PV, patenting activities growth in other cleaner energy sectors are surprisingly sluggish Patent applications may be unpublished for 18+ months. Therefore the number of reported patents for the last 2 years may be under-represented. 14
  • 15. Geographical origins of assignees indicate innovation strengths & capacities •  Aside from China, patent assignees are predominantly from OECD economies 15
  • 16. Patent families indicate the commercial value of inventions •  Most commercial value is concentrated in a relatively small number of patent families In each technology field there’s 250-500 patent families with >10 members 16
  • 17. High-carbon companies control some of the key knowledge assets underpinning the low carbon economy 17
  • 18. The public sector is also a key actor, and its role is likely to expand •  Public-institution owned IP may be the easiest point at which we can implement innovative licensing practices Universities own directly a relatively small proportion of total patents The ‘expanded patent footprint’ is likely to be much higher: licensed tech & spin-offs 18
  • 19. Patent related barriers to technology transfer – some questions •  Relative concentration rates of IP ownership? –  Relative volume of IP owned by ‘aggressive’ entities? –  In which part of the value chain does this IP lie? –  What proportion of IP generation comes from University or public-funded/owned R&D? •  Do Patent thickets exist? •  How to value IP? •  Are national patent offices over-loaded? –  Can ‘green’ patents be ‘fast tracked’ as in the UK and China? •  Informational overload & information access difficulties? (Over 50 million patents in 100’s of patent offices around the world) •  Other patent related barriers? © 2010 Cambridge Intellectual Property Ltd. All rights reserved 19
  • 20. Contents •  Context: Technology, IP & Technology Transfer •  Diversity: IP ownership of Low Carbon technologies •  Impact: Policy interventions & international deals •  Case study: Wind •  Discussion: Conclusions, Questions, Options •  Case Study: Licensing Regime Options for a commercial client •  Conclusions •  Acknowledgements •  Appendix –  CambridgeIP approach –  Contact us © 2010 CambridgeIP. All rights reserved 20
  • 21. Impact of Montreal Protocol on medical inhaler industry •  Aside from Kyoto, the Montreal Protocol on CFCs was probably the highest impact international climate change deal •  There was massive industry impact & behavioral change –  To choose just one example in the Health Sector, the CFC ban impacted many of the inhaler industry’s key players –  We identified two broad strategies for ‘inhaler industry’ adaptation to the Montreal Protocol •  pMDI space innovations: innovation in propellant formulations leading to increased propellants-focused pMDI patents •  Moving out of pMDIs: A move into Dry Powder Inhalers, essentially ‘substituting’ the need for a propellant –  See the next slide for patent trends in these 2 areas © 2010 CambridgeIP Ltd. All rights reserved. 21
  • 22. Strategic Analysis of Industry Technology Trends post Montreal •  The 1987 Montreal Protocol introduced a range of control measures for the production and use of CFCs •  This had a major impact on the inhaler industry overall, and pMDI manufacturers in particular •  Two strategies emerged to deal with this market development, resulting in accelerated patenting pMDI space innovations in propellants based on Moving out of pMDIs: A number of companies moved the 2 HFAs that were allowed to be used (HFA 134a & out of pMDIs and into Dry Powder Inhalers 227) © 2010 Cambridge Intellectual Property Ltd. All rights reserved 22
  • 23. Policy Impacts: Patenting has generally grown with deployment rate Wind Solar PV 23
  • 24. Low-Carbon Technology – Some specific considerations •  Public public awareness… & public expectation… is unusually high •  Technologies, Market Sectors, Players and Geographical location are extremely diverse – and this is reflected in the patent data –  Focus is required: Are the ‘Low Carbon’, ‘Green’, ‘CleanTech’ categories too broad and too inclusive? •  International ‘deals’ have a huge impact –  Aside from Kyoto, the Monreal protocol on CFCs was probably the largest relevant deal done, and teaches that there will be a real, and possibly significant, impact on innovation, IP & tech transfer after any deal •  Young and insecure: Technologies, and business models, are ‘young’ and consequently relatively fragile in some sub-spaces –  Commercial confidence is lacking: Increases the ‘positive impact’ of public procurements & market guarantees (like Feed In Tariffs). If the market has sector confidence there will be massive private investment, however beware of unintended consequences & ‘negative impacts’ (e.g. the current patent thicket in inhalers) –  Technology transfer ‘leading practice’ and standard terms are often not yet established (what is ‘fair and reasonable’ is not yet known) •  Others? © 2010 Cambridge Intellectual Property Ltd. All rights reserved. 24
  • 25. Contents •  Context: Technology, IP & Technology Transfer •  Diversity: IP ownership of Low Carbon technologies •  Impact: Policy interventions & international deals •  Case study: Wind •  Discussion: Conclusions, Questions, Options •  Case Study: Licensing Regime Options for a commercial client •  Conclusions •  Acknowledgements •  Appendix –  CambridgeIP approach –  Contact us © 2010 CambridgeIP. All rights reserved 25
  • 26. Wind Energy: A Detailed Look Wind turbines are complex technology systems 26
  • 27. Wind Energy: Key Components & Applications Components or application level analysis can help us identify core areas of innovation, or where new activities are emerging There are significant overlaps between some of these sub-spaces: revealing patents with multiple or systems-level claims 27
  • 28. Wind Energy comprises many overlapping technological fields An overlap analysis reveals •  A very close relationship between ‘energy storage’ solutions and ‘generator’ (65.8% of ‘energy storage’ solutions are associated with ‘generator’ solutions) •  The most ‘independent’ components from the Wind Energy technology system are “energy storage” and “Software/control systems” •  The majority of offshore-related patents are associated with the blades and generator 28
  • 29. Top Assignees: Overall and by Technology Component It is of interest to understand the extent to which the value chain is ‘owned’ or controlled by the top organisations overall: are there areas where new entrants are making an impact? 2 9
  • 30. Wind Energy Case Study: Enercon Founded in 1984 by Aloys Webben, Enercon is a privately owned German company that has become a key player in the Wind Energy sector with revenues of $2.5bln •  A key innovation of Enercon is the direct drive wind turbine: arguably a more reliable alternative to gear-driven turbines •  Recently Enercon has extended its activity downstream into desalination and combined wind-diesel systems Enercon has been actively pursuing its IP position: •  Enercon vs. ITC & Zond Energy Systems (1998) •  Possible cross-licensing deal with another Top 5 Wind Energy player 30
  • 31. Suzlon case study: India •  Indian wind turbine manufacturer –  Established in 1995 with 20 people –  Now employs 14,000 in 21 countries –  Market leader in India (which is 5th globally in installed Wind), 3rd largest wind turbine manufacturer in the world •  Strategy of acquiring leading European technology companies (and their IP) in the space… –  Rotor-blade design house: AE Roter Techniek (2000) –  Gear-transmission systems: Hansen International (2006) •  Subsequently sold a large stake in Hansen International (2009) but retained IP rights –  Turbine manufacturer: RePower (2009) –  Now has 12.3% of global wind turbine market globally •  … and then manufacturing in India from a low-cost base © 2010 Cambridge Intellectual Property Ltd. All rights reserved 31
  • 32. Low-Carbon Technology – Some specific considerations •  ‘Multiplier effect’: High degree of cross-over from technology in once space to another –  Plane wing materials become Wind blades; Biotech becomes Biofuels •  There is an increasing risk of IP related litigation as markets mature (e.g. Wind, PV) •  Enormous opportunities for developed and developing countries to develop world leadership & own key IP, especially in emerging spaces –  E.g. Suzlon in India (Wind); Suntech in China (PV) © 2010 Cambridge Intellectual Property Ltd. All rights reserved. 32
  • 33. Contents •  Context: Technology, IP & Technology Transfer •  Diversity: IP ownership of Low Carbon technologies •  Impact: Policy interventions & international deals •  Case study: Wind •  Discussion: Conclusions, Questions, Options •  Case Study: Licensing Regime Options for a commercial client •  Conclusions •  Acknowledgements •  Appendix –  CambridgeIP approach –  Contact us © 2010 CambridgeIP. All rights reserved 33
  • 34. Diverse Low Carbon Solutions & IP: Research conclusions (1) •  Innovation predominantly arises within the OECD & China, India is also a strong player •  Patent ownership is concentrated with incumbents in established spaces (such as CCS, Super Critical Coal) and is more dispersed in emerging spaces (such as Wind) •  There is huge diversity across sectors, players and technologies; coupled with relatively large amounts of ‘cross- over’ between technologies and sectors •  Enormous opportunities exist for developed and developing countries to develop world leadership in emerging spaces –  E.g. PetroBas in Brazil •  Time to mass deployment is far too long: Our research shows that it takes between 19 to 30 years for top cited low carbon technologies to reach the mass adoption phase © 2010 Cambridge Intellectual Property Ltd. All rights reserved 34
  • 35. Diverse Low Carbon Solutions & IP: Research conclusions (2) •  Many Low Carbon market and technology sectors are young & relatively fragile •  Policies have a large impact on technology development and diffusion –  Support to nascent Wind & PV sectors has resulted in ‘hockey stick’ innovation growth rates in some geographies –  Banning CFCs resulted in high rates of innovation in inhalers… and a patent thicket •  There is an increasing risk of IP related litigation as markets mature (e.g. Wind, PV) •  National level patent offices appear to be overloaded: Are there measures that can accelerate the consideration of ‘green’ patent applications? © 2010 Cambridge Intellectual Property Ltd. All rights reserved 35
  • 36. Measures proposed by UNFCC member states •  Global technology pool for climate change •  Mandatorily exclude from patenting climate-friendly technologies held by Annex II countries which can be used to adapt to or mitigate climate change •  ‘Any international agreement on IP shall not be interpreted or implemented in a manner that limits or prevents any party from taking any measures to address adaptation or mitigation of climate change...’ •  ...ensure sharing of publicly funded technologies and related know- how •  ...exclude from IPR protection and revoke existing IPR protection in developing countries and least developed countries on environmentally sound technologies… •  Developing countries have the right to make use of the full flexibilities contained in TRIPS, including compulsory licensing © 2010 Cambridge Intellectual Property Ltd. All rights reserved 36
  • 37. Measures proposed elsewhere •  Business as usual •  Establish R&D and tech transfer incentives for low carbon technology (e.g. tax rebates/reductions, investment incentives, grants) •  Establish price incentives to give the private sector the confidence to invest (e.g. PV Feed In Tariffs in Germany) •  Encourage commercial cross-licensing & standards regimes –  Support voluntary pooling / cross-licensing efforts •  Leave it to markets to decide prices & terms OR Subsidise licenses OR Ensure special access terms for certain types of players (LDCs, SMEs) –  Establish compulsory pooling / licensing (like TRIPS) •  Pool all ‘green’ technology OR Pool publically funded technologies (Making them freely available OR available at reduced cost) •  Engage in patent buy-outs of key technologies •  Additional limits on IPR ownership in some sectors e.g. by profits realised (i.e. once sufficient profits are realised, the relevant patent lapses) © 2010 Cambridge Intellectual Property Ltd. All rights reserved 37
  • 38. Some of my suggestions – ‘low hanging fruit’ •  Develop model contracts for R&D collaboration, IP acquisition and IP license deals –  Transactional costs are reduced when parties can work from standard model templates, negotiations start from a fair and well-understood basis –  A good example are the ‘Lambert’ Agreements implemented by the UK government for University/Industry R&D collaborations •  Establish a global database on licensing terms & leading practice in relevant sector(s) –  Establish benchmarks, encourage transparency & standardisation, share leading practices –  Organisations like WIPO might play a role, and countries could support the initiative through legislation –  Adopt Alternative Dispute Resolution (ADR*) measures to set ‘fair and reasonable’ (FRAND) license terms *(e.g. Mediation, Expert Determination, Arbitration) •  Manage commercial risk through the establishment of specialist insurance mechanisms –  e.g. insurance to manage IP litigation risk in particular technology sectors •  Capitalize on the existing, massive, global technology library represented by over 50 million patent documents – it’s currently under-utilised –  Sectoral mapping & multi-ontology database creation –  Technology mapping: IP Landscapes ® 38 © 2010 Cambridge Intellectual Property Ltd. All rights reserved
  • 39. What are our options? •  What options exist in relation to Low Carbon IP? •  What ideas do you have to facilitate technology development and adoption in Low Carbon Energy spaces? © 2010 Cambridge Intellectual Property Ltd. All rights reserved 39
  • 40. Contents •  Context: Technology, IP & Technology Transfer •  Diversity: IP ownership of Low Carbon technologies •  Impact: Policy interventions & international deals •  Case study: Wind •  Discussion: Conclusions, Questions, Options •  Case Study: Licensing Regime Options for a commercial client •  Conclusions •  Acknowledgements •  Appendix –  CambridgeIP approach –  Contact us © 2010 CambridgeIP. All rights reserved 40
  • 41. Case Study: Licensing Regime Options for commercial client Client Profile A Fortune 500 medical devices company asked us to help identify a transition strategy to help move an industry with a highly proprietary and litigious culture toward a more open cross-licensing approach Business Situation •  The client was concerned that R&D resources were invested into inventing around other incumbents, rather than on innovations to meet end- user needs. As a result key market niches remain unexplored, whilst regulatory pressure increased •  Key questions posed by our client were: •  evidence that the industry is ripe for change? •  What are the Pro’s and con’s for moving to a cross-licensing approach, based on other industry experience? •  What scenarios can be identified, resulting from a move to a cross-licensing regime? •  How to initiate change toward a cross-licensing regime? Our Approach Results and Benefits •  We analysed patent related activity in the client industry and a comparator industry to reveal innovation trends, providing empirical evidence of the gap in innovativeness and increasing litigation risk in the client’s space. •  A series of interviews with experts and senior executives from the client’s and comparator industries helped relate the risks and •  Our results showed the take-off in innovation rates in the benefits of moving to a cross-licensing approach. comparator industry after the introduction of industry-wide licensing agreements. •  We developed a ‘checklist’ of indicators for pressures of change, as well as strategic considerations that support a move towards a •  We also compared patent citation rates and showed an increasing cross-licensing & standardisation regime. inter-relatedness of technology in the clients space relative to the comparator space: increasing litigation risk in the absence of •  We also developed a sequencing strategy aimed at preserving our licensing agreements clients industry leadership and protect traditional revenue sources during transition to the new regime. •  Our client is using our outputs to build internal and external stakeholder support for the proposed cross-licensing regime © 2010 CambridgeIP. All rights reserved
  • 42. Contents •  Context: Technology, IP & Technology Transfer •  Diversity: IP ownership of Low Carbon technologies •  Impact: Policy interventions & international deals •  Case study: Wind •  Discussion: Conclusions, Questions, Options •  Case Study: Licensing Regime Options for a commercial client •  Conclusions •  Acknowledgements •  Appendix –  CambridgeIP approach –  Contact us © 2010 CambridgeIP. All rights reserved 42
  • 43. My conclusions: Low Carbon IP & Tech Transfer •  Much applicable technology exists, and we can identify drivers & mechanisms for technology owners to undertake technology deployment •  There are many pressures, and much can be done to improve the transparency and efficiency of the current IP system without radical overhaul •  The technology world is complex, and we should develop ‘smart’ technology and IP policies that consider the diversity of technologies, markets & players •  We should work to urgently improve access to the global technology library represented by over 50 million patent documents, this global resource is currently under- utilized © 2010 Cambridge Intellectual Property Ltd. All rights reserved 43
  • 44. Acknowledgements •  CambridgeIP –  The entire team but especially contributions by my colleagues, Ilian Iliev (Energy) and Arthur Lallement (Inhaler Devices) •  Chatham House –  Bernice Lee and Felix Preston •  Read the Chatham House / CambridgeIP report: Who Owns Our Low Carbon Future? Intellectual Property and Energy Technologies (download from www.chathamhouse.org.uk) •  University –  Programme for Sustainability Leadership © 2010 Cambridge Intellectual Property Ltd. All rights reserved 44
  • 45. Contents •  Appendix –  CambridgeIP approach –  CambridgeIP team –  Contact us © 2010 CambridgeIP. All rights reserved 45
  • 46. CambridgeIP Fact-based IP Strategy Consulting •  Competitive Intelligence: Database-driven analysis and The CambridgeIP custom reporting on who the competitors are, where they are located, when they became active and who they are partnered with – extracted Advantage: from science literature -  Proprietary Tools & •  Prospective Partners: Information on top corporate, university Methodologies and governmental partner candidates operating in your area of interest – informed by data from patents and other science literature -  Multifaceted Team •  Technology Roadmapping: Unpacking technology components -  Deep Technical and ‘value chains’; Using published facts to verify and augment expert Expertise opinion on drivers, trends, milestones, barriers -  Global IP Coverage •  Benchmarking innovation & competitiveness: -  Fact-based Advice Identification of key trends and geographical hot-spots, together with key players and their R&D relationships; Using literature to measure innovation -  Extensive Network outputs -  Referrals & •  IP Landscape & FTO Input: Our global IP databases, Introductions proprietary methodologies and consulting provide unique patent landscape coverage, highlighting technology gaps, “white space”, and informing due -  Rapid turnaround diligence efforts 46 © 2010 CambridgeIP. All rights reserved
  • 47. CambridgeIP Expertise Our tools & methods are applicable to the full spectrum of high-technology developments Our work experience in 70+ projects per year has given us particular expertise in the following fields: • Energy –  Wind Energy, Biomass, Fuel Cells, Advanced Refrigeration, Photo Voltaics, Clean Coal / Carbon Capture, Concentrated Solar, Marine Transport, Waste Reduction • Health & Life Sciences –  Drug delivery; Medical devices; Medical imaging; Nanotechnology; Pharmaceutical formulations; Aerosols; Stem Cells & Regenerative medicine; Surgical materials; Wound healing • Nanotechnology –  Measurement innovations, Nanocomposite materials, Pharmaceuticals, Photonics, Photo Voltaics, Sensors 47 © 2010 CambridgeIP. All rights reserved
  • 48. Cambridge IP’s approach Fact-based •  Our technology platform enables us to gather and analyse a huge volume of published facts, informing your strategies Comprehensive •  Integration of data sources (e.g. market & financial data) with data from science literature informs understanding of markets and risks Transparent and thorough methodology •  Ensures repeatability and improves stakeholder confidence in and understanding of results •  Improves uptake of results across your departments More than text •  Graphical and statistical analysis aids your rapid understanding of spaces, and improves accessibility for non-technical stakeholders © 2010 CambridgeIP. All rights reserved 48
  • 49. Selected team members Sir Walter Herriot Quentin Tannock IlianIliev Dr. Andrey Shigaev Advisor Chairman & co-founder CEO & co-founder Senior Associate Dr. Daryl Boudreaux Senior Associate Karishma Jain Associate Angus Fox Technical Director Dr. PhumzileLudidi Miranda Weston-Smith Eren Ore Senior Associate Life Sciences Manager Dr. Phil Coldrick Associate Senior Associate © 2010 CambridgeIP. All rights reserved 49
  • 50. Our contact details Ilian Iliev Quentin Tannock (CEO and Founder) (Chairman and Founder) ilian.iliev@cambridgeip.com quentin.tannock@cambridgeip.com GSM: +44-077-863-73965 GSM: +44-077-8621-0305 Corporate Office Internet Resources Cambridge Intellectual Property Ltd Website: www.cambridgeip.com Sheraton House, Castle Park Blog: www.cambridgeip.com/blog Cambridge CB3 OAX UK Sign-up for our Free Newsletter UK: +44 (0) 1223 370 098 on our Home Page Fax: +44 (0) 1223 370 040 50 © 2010 CambridgeIP. All rights reserved