Print3.2 Intellectual and Personal Property
Property Rights
The coupled and interconnected nature of energy and environment systems will present many unique legal challenges, particularly where regulatory issues cross paths with land use changes, intellectual property rights, licensing agreements, public investments, commercialization, international trade, and distribution. Some of these concerns will also be covered by wider policies and regulation of energy markets, assessment of environmental impacts, and institution specific requirements.
Global Increase in Patents
New patents in energy are being filed globally on a daily basis, establishing a rapidly changing legal framework around ownership of and access to new energy technologies. The total (global) patent filings in alternative energy alone, "have increased at a rate of 10 percent per year starting in the 1990s and at a rate of 25 percent from 2001." (World Intellectual Property Organization, 2009) Questions also arise when considering how to license these technologies depending on location and development conditions. The rate of filing new energy related patents is projected to continue increasing over the next two decades, presenting significant opportunities and many uncertainties.
Public and Private Properties
Energy systems are quite diverse and can have a wide range of impacts on private and public property. Biofuels present significant opportunities for a low-carbon impact production of energy, but they also will likely change how we manage forests, crops, and other large-scale feedstock production. Wind energy technologies, while promising, will continue to pose oppositions to their locations, such as impacts on property values, visual preferences, etc. Regardless of the specific technology, innovation, adoption, and licensing of energy technologies will inevitably require further nuance and distinction, often based along ethical considerations.