Since the breakthrough in December 2022 at the US Livermore National Laboratory, which achieved fusion ignition in a laboratory for the first time, fusion energy has become a fixed component of the vision for a sustainable future. All hopes are now with a growing number of start-up companies which are undertaking a monumental research effort by relying on collaborations with leading scientific institutions and partners. To achieve their goals, they require vast sums of public and private funding.
However, the hope mankind has set on fusion energy seems to be at odds with the need of private companies to create a strong portfolio, holding IP rights exclusively. This tension has led to much debate in the sector on feasible IP policies and especially the terms and conditions for fusion energy IP generated via public funding.
Based on my experience as in-house counsel and FELEX expert adviser, this presentation shall give an insight into managing IP and developing licencing strategies in a highly collaborative, technically pioneering environment. It would cover the IP challenges of the sector, such as
To then outline a path forward, highlighting
which needs to inform the overall strategy for licence and collaboration agreements.
To conclude, IP protection easily risks a bad reputation if it is seen as foreclosing innovation for the public. The fusion sector is a good example showing that when applied sensibly, IP protection is an enabling tool that achieves just the opposite.
The lessons of this presentation are of course transferable to other R&D-heavy or deep tech sectors.
