Protection of Know-How in Oil and Gas Technology Transfer - Contractual and Regulatory Issues
WIPO Academy, University of Turin and ITC-ILO - Master of Laws in IP - Research Papers Collection - 2013-2014
37 Pages Posted: 15 Jan 2016
Date Written: February 28, 2014
In recent years, the oil & gas industry has started, to realize how important IP is to the industry. The oil & gas industry owns a large variety of state of the art technologies utie of the art knowledge. Problem arises when these technologies are transferred through different business models.
In the first part, this paper discusses the definitions and types of the technologies and in the oil and gas context. Later, it discusses IPR protection of technologies, and whether patent protection or trade secret protection is a better tool for this specific industry. Since, trade secrets can protect secret information and processes, they are extremely important to the oil & gas industry. Trade secrets cover formula, processes, methods and techniques. The protection offered by know how is broader than trade secrets. The outcome of the first part is that the subject matter of the transfer in the oil and gas industry can be know-how.
In the second part, the paper describes technology transfer in general and specific to oil and gas technology. Here, different aspects of technology transfer and the role of TRİPS provisions in oil and gas technology transfer will be discussed. Later, the paper analyzes different technology transfer methods and concludes that know-how agreement is the best tool for the oil and gas technology (know-how) transfer.
In the third part, the paper discusses regulatory aspects and contractual aspects of oil and gas technology transfer with reference to know-how. The two core ideas of this research paper will be discussed in this part. First issue is mandatory disclosure of fracturing fluids used in oil and gas industry. Current battle over public disclosure of the contents of fluids used in hydraulic fracturing processes in the oil and gas industry has now come in the focus of attention of the world. Here crosses interests of public, industry, environmentalists and at the same time oil and gas companies. Fracturing is dangerous and at the same time can destroy the value of know-how used in oil and gas industry. So, we will analyze how much disclosure should be made, to whom it should be made and under which conditions it should be made. Secondly, after determining the scope of the disclosure of fracturing technology, we will move on the question about licensing of know-how and protection of it in know-how agreements.
Keywords: intellectual property, know how, gas, oil
JEL Classification: K1, K2
Suggested Citation: Suggested Citation