IP Review Autumn 2017

lines between homes and power stations, consumers do not have the ability to share usage data collected by a new generation of smart meters. Equally, without advances in energy transport infrastructure, the proliferation of micro energy generation will go unutilised. Happily, the United Kingdom is leading the way in large scale renewables projects and Smart Grid rollout. A recent government white paper on smart energy investment provides a map showing investment levels in Smart Grid related projects throughout Europe, with the UK at the top of the list, having numerous bodies distributing grants across the whole spectrum of Smart Grid technologies. More recently, the UK government announced a shake-up in the rules regarding net metering, the mechanism that compensates users who generate some or all of their energy, with the hope of encouraging further investment in this area. At the same time, a newly founded UK Battery Institute is set to award hundreds of millions of pounds in funding to companies undertaking major research in energy storage, capitalising on the rapidly falling cost of battery technology. Whilst this is good news for users and innovators, the rapid pace of innovation could falter unless care is taken to ensure that this key area of technology continues to develop in a cohesive manner. The question is, how can this be achieved when most innovators view the rest as the competition? Just as the automotive industry has seen new players drawing market share away from household names, the clean energy sector is experiencing an explosion of SMEs with new and exciting ideas. But whilst these new kids on the block have the freedom to be daring with their innovation, the financial and logistical realities of rolling out new technologies across a national energy grid are a significant issue – and one that can only be solved by collaboration. Whether it’s multiple smaller entities banding together, or a newcomer pairing up with an established energy provider, resources and technical know-how are being shared on a scale never seen before in this industry. Whilst it may seem counterintuitive, it’s during these collaborative phases that intellectual property plays a vital role. Before entering any collaborative agreement with a third party or consortium of partners, innovators need to be clear about who owns any existing intellectual property rights and, more importantly, who will own any IP that might be developed in the future as a result of the collaboration. Further, securing IP rights early on allows SMEs to enter into partnerships with larger partners on a more equal footing, and having substantial IP assets makes themmore attractive to investors and/or potential buyers. At the same time, securing the rights to one’s own IP needn’t be seen as wholly self-serving. Tesla’s well publicised patent give away (discussed in our Autumn 2015 issue), for example, saw the company grant a blanket royalty- free licence to their patent portfolio, opening up the electric car market in an effort to encourage further innovation and a shared investment in an energy infrastructure that will in the end make Tesla’s own products more viable. Patents can therefore be seen as valuable assets to Smart Grid companies of all sizes, and, far from stifling innovation, can provide companies the assurances and freedom to work together for everyone’s benefit. To find out more contact James Richardson-Bullock jrichardson-bullock@ withersrogers.com 9