Rights to do, rights to prevent, and an intersected approach? Lessons from intellectual property, information control and oil and gas

Author(s):  
Abbe E.L. Brown
2022 ◽  
pp. 251512742110572
Author(s):  
Lizhu Y. Davis ◽  
Lynn M. Forsythe ◽  
John M. Mueller

Drilling through hard rock to explore for underground oil and gas is especially complicated in geographic areas where the sub-layer is full of dense and impenetrable rock. Charlie Scent, an Engineering Professor working at a university, undertook research to solve this dilemma and developed a solution after approximately 20 years of effort. To commercialize the technology, Scent collaborated with one of his PhD students and formed a company. Through the commercialization process, friction developed among the participants—Scent, the graduate student, and the university. This discord brought to light several important questions regarding intellectual property that is created in a university setting. This case is about who owns intellectual property and decreasing the probability that there will be friction between the individuals who are at the heart of an invention.


2008 ◽  
pp. 2448-2461
Author(s):  
Dan L. Burk

Adoption of information technologies is dependent upon the availability of information to be channeled via such technologies. Although many cultural approaches to information control have been identified, two increasingly ubiquitous regimes are battling for dominance in the international arena. These may be termed the utilitarian and deontological approaches and may be identified roughly with the United States and the continental European tradition. Each approach has been aggressively promulgated by its respective proponent via international treaty regimes in the areas of privacy and intellectual property, to the virtual exclusion of other alternatives. Absent a drastic shift in international treaty dynamics, these dominant conceptions likely will curtail the development of alternate approaches that might otherwise emerge from local culture and tradition.


2011 ◽  
pp. 94-107 ◽  
Author(s):  
D. L. Burk

Adoption of information technologies is dependent upon the availability of information to be channeled via such technologies. Although many cultural approaches to information control have been identified, two increasingly ubiquitous regimes are battling for dominance in the international arena. These may be termed the utilitarian and deontological approaches and may be identified roughly with the United States and the continental European tradition. Each approach has been aggressively promulgated by its respective proponent via international treaty regimes in the areas of privacy and intellectual property, to the virtual exclusion of other alternatives. Absent a drastic shift in international treaty dynamics, these dominant conceptions likely will curtail the development of alternate approaches that might otherwise emerge from local culture and tradition.


2015 ◽  
Vol 55 (2) ◽  
pp. 447
Author(s):  
Tim O'Callaghan

According to IBISWorld (2013), 7.7% of Australia’s A$11 trillion assets are natural resources and 5.4% is intellectual property. Despite this intellectual property is overlooked as a valuable asset in the oil and gas industry. As the means of extraction become more complex, the methods and tools needed for the purpose can give one company an edge over another. Intellectual property rights help to protect that competitive advantage. Companies need to have a strategy for the early identification, management and protection of this asset. Customers, contractors and joint venture partners can create intellectual property ownership issues that must also be identified and properly managed. This extended abstract provides: a framework for establishing a robust intellectual property management strategy for companies in the exploration and production sector; identification of key intellectual property assets of businesses in the sector; a review of industry specific challenges, such as the requirement under WA’s Petroleum and Geothermal Energy Resources (Environment) Regulations 2012 to disclose trade secrets and commercially sensitive material about downhole substances; and, consideration of model agreements used in the sector, such as the AMPLA Model Petroleum Exploration Joint Operating Agreement.


2018 ◽  
Author(s):  
Murti Ningsih

Indonesia is one of the countries that participated in ratifying TRIPs through Law No.7 of 1994 concerning Ratification of the Establishment of the World Trade Organization (WTO). As a consequence, Indonesia has an attachment to implementing the provisions in TRIPs which regulate the Intellectual Property Rights. Direct implementation of this policy, Indonesia has legislation in the areas of Copyright, Patents, Brands, Trade Secrets, Industrial Designs and Integrated Circuit Layout Designs. With regard to the birth of Law No.30 of 2000 concerning Trade Secrets, as one of the implementations of GATT TRIPs. Actually it does not mean that there were no laws and regulations regarding this matter beforehand. This regulation already exists only but these regulations have not been grouped as part of Intellectual Property Rights. Arrangements regarding the protection of Trade Secrets when referring to the TRIPs Agreement are regulated in Part II, namely: "Standard Concerns on Accessibility, Scope and Use of Intellectual Property Rights, listed in Section 1, Article 9 through Section 8, Article 40. include provisions as The following are: Copyright and Related Rights, Trademarks, Geographical Indications, Indistrial Indications, Patents, Layout-Design (Topographies) of Integrated Circuits, Protection of Undisclosed Information, Control of Anti-Competitive Practice in Contractual Licenses.If you pay attention, actually there is no explicit protection for trade secrets, except for the provisions listed in section 7 regarding Undisclosed Information Protection. This article is then matched to become a Trade Secret. When viewed from other countries, actually not all have specific regulations regarding trade secrets, such as Australia, regulating trade secret provisions in breach of contracts and breach of confident, the United States only has regulations at the state level while at the federal level to date not yet exist, because this problem is also considered as a matter of civil matters only. The existence of a special law that regulates trade secrets, is expected to provide protection for the owners of trade secret rights so that they will spur and improve creativity or innovation in general, in order to develop their business. In addition, there is hope that it can overcome preventive and repressive fraud competition from fraudulent competitors who ignore the development of creativity and innovation.Keywords: Trade Secrets and TRIPs.


Author(s):  
Gerald J. Hietpas

This Paper Covers Basics For A Forensic Engineer Interested In Learning How To Work On Patent Cases. It Assumes The Reader Is Familiar With Other Forensic Work Such As Serving As An Expert On A Civil Case. It Discusses A Specific Intellectual Property Case From The Experts Point Of View, And The Associated Patent Research. It Explains How A Patent Is Organized, And How To Find Patents Of Interest. It Covers The Basics Of Patent Law That An Expert Must Deal With. And It Gives References For Additional Information.


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