Intellectual Property Issues Arising From Collaborative Research and Development


Intellectual Property Issues Arising From Collaborative Research and Development

CETI 14-043

Authors: Mark Sajewycz, Norton Rose Fulbright Canada LLP

Volume 2, Number 1

Due to the high cost, long lead times and the unavoidable need for multi-disciplinary solutions, collaborative innovation is becoming more prominent in the oil & gas industry. This environment promises lucrative rewards associated with the successful development of oil & gas technologies, which only fuels demand for innovation to occur at a rapid pace. In such a fast-paced environment, intellectual property issues relating to collaborative innovation are typically provided little attention, put aside for later resolution, or not addressed at all.  This is a mistake. Understanding of intellectual property is becoming increasingly mature, and something akin to an arbitrage opportunity is potentially provided to one party in the collaboration if the other party ignores or dismisses intellectual property consequences. Additionally, as the search for meaningful collaborators extends outside the immediate oil and gas industry, oil and gas businesses should be wary of assuming that potential collaboration partners buy into their “handshake culture”, and greater attention should be devoted to defining the collaborative relationship, including intellectual property consequences, in detail.

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© 2012 Canadian Energy Technology & Innovation (CETI) Group
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