As the world’s largest corporations and law firms continue to grapple with the progressive climate agenda, one area that has seen a significant increase in investment is the carbon capture sector. Fuelled by comprehensive funding provisions under the Infrastructure Investment and Jobs Act, companies are finding new ways to commercialise their carbon capture technologies. Given this commercial upswing, it is becoming increasingly clear that having an effective intellectual property (IP) strategy is of paramount importance.
Beneficial collaboration attempts in sharing technology, however, could mean treading on uncertain grounds when it comes to IP ownership. These questions regarding ownership are not just minor roadblocks, but can pose significant challenges if not addressed and resolved proactively.
Legal scholars Ashley Kennedy and James De Vellis of Foley & Lardner emphasize the importance of a coherent IP strategy which can help manage potential disputes and protect the interest of companies involved. Providing an essential checklist for companies operating in the carbon capture sector, they reiterate the need for a thoughtful, likely iterative approach to clarify the ownership of technological innovations – an approach that places the focus on existing laws and regulations, potential partnerships, and importantly, the practical and commercial realities.