IP Management for Power Capture in the Identify stage

Objective

To identify ownership of intellectual property (IP) associated with capture plant and any implications for project delivery.

Major Deliverables

• Planning document for IP and knowledge management strategy, describing:
  • Tasks to be undertaken in Evaluate stage to enable production of an agreed IP and knowledge management Strategy prior to the Define stage
  • Extent of existing IP ownership for each capture process under consideration
  • IP requirements e.g. licenses for each capture process provider under consideration
  • Any existing knowledge sharing requirements, rights or obligations with funding parties or other members of the industry
  • A description of any new or incremental Knowledge likely to be developed
  • Process provider(s), operator(s), financier(s) and owner(s) stances on who should own new knowledge, including any existing information on desired “black”, “white” or “grey” lists i.e. secret, public, and limited access information
  • Any identified implications for project delivery
  • Proposed definitions of major terms e.g. incremental, novel knowledge

Tasks

Specific tasks include the following:

• Contact potential key suppliers e.g. process/equipment providers, operators or other key suppliers to ascertain:
• Contact potential project financiers/owners to ascertain what are their requirements for knowledge developed during the project, e.g. knowledge transfer or knowledge sharing requirements?
• What is the extent/map of the IP they currently hold on the process e.g. the columns but not the heat exchangers?  Which sections of the process are “black box” /“black list”, “white” or “grey” IP?
• What are their IP requirements for use of the technology e.g. licenses, agreement for purchase of consumables for lifetime of contract?
• What is their experience at the relevant scale/application?  Will this project be first of a kind (FOAK) in terms of scale or application for this particular process provider?
• Will any new or incremental Knowledge be produced during the project e.g. new modelling tools, new or improved designs, new patents likely to be filed, knowledge developed by construction and operation of FOAK process etc, and will these be developed solely during development of this project or in conjunction with other projects?
• What is the supplier’s stance on who should have ownership of any knowledge developed during the project?
• Using a matrix, compare project funder/owner requirements to supplier requirements, to identify potential issues. 
• Where possible, identify if suppliers or funders are willing to negotiate on conflicting issues.
• Identify tasks to be carried out in Evaluate stage to align IP and knowledge sharing requirements for IP holders and financiers.
• Identify any need for escrow.
• Identify the relevant laws governing IP and any legal requirements for Knowledge Transfer
• Produce planning document for IP and knowledge management strategy, describing:
• Tasks to be undertaken in Evaluate stage to enable production of an agreed IP and knowledge management Strategy prior to the Define stage
• Extent of existing IP ownership for each capture process under consideration
• IP requirements e.g. licenses for each capture process provider under consideration
• Any existing knowledge sharing requirements, rights or obligations with funding parties or other members of the industry
• A description of any new or incremental Knowledge likely to be developed
• Process provider(s), operator(s), financier(s) and owner(s) stances on who should own new knowledge, including any existing information on desired “black”, “white” or “grey” lists i.e. secret, public, and limited access information
• Any identified implications for project delivery
• Proposed definitions of major terms e.g. incremental, novel knowledge

Examples

• Sean McClowry presentation including info on Knowledge Sharing from funded projects
• GCCSI presentation on Knowledge Sharing (2009)
• UK Guidance on Knowledge Sharing Requirements in NER 300 (Page 20)
• EU Commission Decision on NER 300 (Article 12 and Annex II)

Key Personnel

• Project Manager and staff (Project Controller and Document Controller)
• Engineering work-stream lead
• Process work-stream lead
• Potential process providers
• Potential Project financiers
• Project Engineers