Protecting intellectual property (IP) is a vital part of promoting innovation. CERC includes a novel framework for protecting and sharing intellectual property that provides a strong foundation for U.S.-China clean energy cooperation. The framework enables research partners to share information with confidence and to retain appropriate rights for new technologies they create. Research partners can share the benefits of breakthroughs according to IP agreements established before work begins and extend those benefits by entering traditional commercial contracts to set the terms and to allocate their rights to—and royalties from—their creations.
These documents together form CERC’s unique IP framework.
The CERC IP framework is outlined in two key documents, the CERC Protocol and the IP Annex. This framework protects U.S. and Chinese researchers, scientists, and engineers by assuring IP rights for the technologies they create. It also defines how intellectual property may be shared or licensed in each country. IP rights are guaranteed in each territory, and IP terms and conditions may be negotiated. Where IP is created in a jointly funded research project, the project’s participants in both countries have the right to obtain a non-exclusive license to the IP.
An overarching framework of Technology Management Plans (TMPs) for each consortium guide development of CERC project- or IP-specific contracts.
These TMPs were negotiated and endorsed over the course of 2011 in both English and Chinese to ensure maximum clarity. Each consortium’s TMP was signed by the consortium’s U.S. and Chinese directors.
Although each of the consortia has unique characteristics for the TMP to address, common elements are shared in the plan framework. Key provisions of the TMPs include the following:
An annotated version of the TMP explains the meaning or implications of certain provisions and how to implement certain provisions of the TMP in specific projects.
To ensure legal enforceability, the corresponding government ministries formally agreed to and endorsed the TMPs, signing a separate Agreement on the Technology Management Plan for the U.S.-China Clean Energy Research Center for each of the three consortia.
Two governments sign endorsement letters supporting the jointly agreed upon Technology Management Plans
Signatories: Assistant Secretary David Sandalow, Deputy Director General MA Linying. Observers (left to right): U.S. CERC Director Robert Marlay, Secretary of Energy Steven Chu, Minister of Science & Technology WAN Gang, Deputy Minister MOST CAO Jainlin, China CERC Director LIU Zhiming (not shown).
To help researchers understand the IP framework outlined in the TMPs and other pertinent IP laws and practices in each county, the U.S. Department of Energy and China’s Ministry of Science and Technology carry out a continuing program of IP education and training. The program increases mutual awareness and understanding of the IP laws and practices of each country, how they intersect, and how they pertain to the formation of IP-protected research collaborations under CERC. Both countries will also offer guidance and technical assistance to CERC participants to ensure that CERC-related contracts comport with the TMP and controlling documents.
To improve CERC participants’ understanding of each country’s laws and practices impacting intellectual property rights, the U.S.-China Clean Energy Forum holds IP workshops for CERC participants.
The fourth IP workshop was held at Stanford, California, USA, on February 26–27, 2013. The joint workshop focused on the real-world experiences of companies and researchers from the United States and China and explored how intellectual property issues are affecting clean energy innovation and investment in the two countries. In addition, the workshop explored current legal thinking on intellectual property as it concerns the clean energy industry. View the agenda and presentations from the workshop. A summary report highlights key findings of the workshop.
The third IP workshop, which included all CERC participants, was held at Haikou, China, on March 5–6, 2012. A summary report highlights key findings of the workshop. View presentations from the workshop.
The second IP Workshop, held at HUST in Wuhan, China in May 2011, was attended by U.S. and Chinese Advanced Coal Technology Consortium (ACTC) participants. At the workshop, Chinese and American experts discussed with ACTC participants applicable laws and the TMP and government contracting requirements that impact IP rights.
The first joint workshop on IP was held in Washington, DC, in January 2011, in conjunction with the visit of President Hu Jintao and a meeting of the CERC Steering Committee. This workshop introduced to CERC leaders of both countries the key provisions of the CERC Protocol’s Annex on intellectual property.
The US-China Clean Energy Forum blog provides links to useful information, news and opinions on intellectual property.