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Industry & AnalysisSpotlight Series
June 4, 2014
For U.S. Government Use Only 2
Smart Grid
Drew BennettSmart Grid Industry Analyst
Office of Energy and Environmental Industries
Speakers
Intellectual Property Rights
Raquel CohenInternational Trade Specialist
Office of Intellectual Property Rights
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Drew BennettSmart Grid Industry Analyst and International Trade SpecialistOffice of Energy and Environmental Industries [email protected]://www.export.gov/reee/
Smart Grid Technology Trends and Opportunities
for U.S. Exporters
An ITA Sector Spotlight - June 4, 2014
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Defining the Smart Grid Sector
The smart grid sector includes:1. Electric power equipment and services required for the modernization of electricity transmission and distribution systems, and2. Information and communication technologies and services that support a fully networked grid and enable two-way information, communication, and electricity flows.
A modernized, efficient electric network that includes two-way communication systems and enables the integration of technologies that will further improve
the efficiency, reliability, and security of the electric grid.
International Trade Administration U.S. Department of Commerce
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Smart Grid Vision and Objectives
International Trade Administration U.S. Department of Commerce
Maximize Operational Efficiency
Resilient
Enable Innovation
Self-Healing
Integrate & Optimize New
Assets
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The Smart Grid Technologies Continuum: A Range of Investment by Utilities
International Trade Administration U.S. Department of Commerce
+ Integrated Information & Communication TechnologyGrid Modernization
Transmission & Distribution Equipment•Meters•Distribution Equip•Transformers•Converters•Switching Gear•Ctrl Instruments
Advanced Control Systems•PMUs and SCADA Systems•Substation Automation•Advanced Sensors•Distribution Automation•Advanced Outage Mgmt•Demand Side Mgmt
Distributed Resources•Distributed Generation•Inverters and Integration•Energy Storage Tech•Microgrid capabilities
Advanced Metering Infrastructure•Smart Meters•Comm. Networks•Meter Data Mgmt•Billing & Data Services•Demand Response and other scalable programs
End Use Systems•Intelligent Building Systems•Local/two-way energy supply•Local storage technology•EV Charging
Household Interface•Energy Efficiency Programs•Intelligent controls/devices•Home Area Networking•Energy Mgmt Platforms•Smart Appliances
Utility deployment of smart grid technologies varies across and within markets …
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Smart Grid Technology Stack and Major Industry Players
International Trade Administration U.S. Department of Commerce
Source: Green Tech Media
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Smart Grid Progress in the United States
International Trade Administration U.S. Department of Commerce
Source: https://www.smartgrid.gov/recovery_act
Estimated Total U.S. Smart Meter Deployment
[December‘13]: 56 million
(37% of households)
Total U.S. Smart Grid Spending Since
2010: ~$18 Billion
>15 Million Smart Meters deployed to households through SGIG Program alone
Source: Bloomberg New Energy Finance
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U.S Exports of Transmission & Distribution Equipment are Growing
International Trade Administration U.S. Department of Commerce
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Electric 60%
Gas 19%
Oil 19%
Coal 2%
Generation = $4.42 Trillion (46%)
Growing Opportunities for Manufacturers and Service Providers in the Electric Power Sector
International Trade Administration U.S. Department of Commerce
Total Investment Required for World Energy Infrastructure, 2001 to 2030 = $16 Trillion
Trans & Dist = $5.18 Trillion (54%)
Source: International Energy Agency
2000 to 2030: World Electricity Demand Projected to Double
2008 2009 2010 2011 2012 2013 2014e2015e2016e2017e2018e2019e$0
$5
$10
$15
$20
$25
$30
Regional Smart Grid Spending GrowthRest of world
Latin America
Other Asia
Japan
China
EU 27
North America
Billi
ons
Source: Bloomberg New Energy Finance
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Major Issues Impacting Smart Grid Market Development and U.S. Export Success
International Trade Administration U.S. Department of Commerce
Sustainable Business Case
Standards & Interoperability
The 20th Century Electric Utility
Getting Regulations
Right Reaching the Consumer
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How Can We Help Boost Exports?
International Trade Administration U.S. Department of Commerce
ITA’s Smart Grid Export Promotion and Policy Work
Interagency Leadership on Competitiveness and Trade Policy Federal Smart Grid Task Force TPCC RE&EE Working Group Regional and Bi-Lateral trade policy forums & commercial dialogues
Global Energy Team Driving Successful Trade Promotion Programs International Buyer Program trade shows Market Development Cooperator Program in Brazil, China, Mexico… Key events in priority markets – Brazil, Europe, Middle East, Turkey…
Industry Engagement to Further Export Competitiveness The Renewable Energy & Energy Efficiency Advisory Committee USTDA Roundtables and Workshops in key markets Collaboration with Smart Grid Interoperability Panel
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How Else Can We Help Boost Exports?ITA’s Smart Grid Top Markets Study
International Trade Administration U.S. Department of Commerce
The Smart Grid Top Markets Study ranks 30 markets in terms of U.S. smart grid industry export growth potential through 2015 and presents analysis that will help prioritize U.S. Government export promotion efforts and target resources toward markets with the highest potential for future growth in U.S. smart grid exports.
Ranking of Top Markets for Smart Grid Export Growth Potential
ITA Smart Grid
Market Scores
• OEEI + Post smart grid market growth potential scores based on assessment of market data and information on policies, regulations, and other local drivers of grid modernization in a given market.
Power Sector
Investment
Scores
• Power sector investment growth potential scores based on economic data and local industry trends that impact investment in electricity infrastructure and the development and growth of the smart grid in a given market.
T&D Trade Data
Trend Scores
• Transmission & Distribution export growth scores based on trend analysis of HTS T&D trade data and other information on competitiveness of U.S. exporters.
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ITA Smart Grid Top Markets:Preliminary Summary Results and Analysis
International Trade Administration U.S. Department of Commerce
Export Market Clusters Common Characteristics ExamplesTOP MARKETS
Major Trade Partners Top U.S. Trade Partners Geographic and/or Cultural Proximity History of Success for U.S. Electric Power Equipment Suppliers
CanadaUKMexico
Smart Grid Procurers Growing smart grid investment Major procurements and deployments underway Advanced Metering Infrastructure a near-term focus
JapanFranceChina
Healthy Economies Stable, healthy, mid-size economies Favorable business environments Reliable investors in electricity infrastructure
AustraliaChileSingapore
High Growth Major investment growth in electricity sector Growing electricity demand Recent success and favorable competiveness for U.S. firms
Saudi ArabiaPhilippinesTurkey
MID-TABLE
Growth Competitors Large markets with growing smart grid investment Highly competitive Less favorable to U.S. suppliers
GermanyKorea
Emerging Smart Grid Markets Low income, high growth, including in electricity demand Major infrastructure challenges Potential for high long-term returns
VietnamIndiaBrazil
LONGER TERM
Developing Grid Modernization Lower income markets Current focus on grid modernization Addressing major issues in wider electricity sector High potential for U.S. exporter long-term returns
ColombiaNigeriaSouth AfricaIndonesia
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How Else Can We Help Boost Exports?Smart Grid Resources and Informative Reports
International Trade Administration U.S. Department of Commerce
Standards and InteroperabilityNIST: http://nist.gov/smartgrid/Smart Grid Interoperability Panel: http://sgip.org/Grid Wise Architecture Council: http://www.gridwiseac.org/
U.S. Government SupportSmart Grid Programs Portal: http://www.smartgrid.gov/Federal Regulatory: http://www.ferc.gov/industries/electric.aspState Regulatory Association: http://www.naruc.org/Grants/
Key ReportsWhite House Policy Framework for 21st Century Grid (June 2011)NIST Roadmap for Smart Grid Interoperability (Feb 2012)White House Economic Benefits of Electric Grid Resilience (Aug ‘13)DOE Report on Consumer Smart Grid Engagement (Sept 2013)DOE Investment Grant Program Deployment Update (Oct 2013)FERC Demand Response & Advanced Metering Staff Report (Oct ‘13)NIST Smart Grid Cybersecurity Guidelines and Public Comments
Industry Associations and Other ResourcesNEMA: http://www.nema.org/UTC: http://www.utc.org/GridWise Alliance: http://www.gridwise.org/Electric Power Research Institute’s Smart Grid Resource CenterGreen Tech Media
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Drew [email protected]://www.export.gov/reee/
I&A Office of Energy and Environmental IndustriesAdam O’MalleyDirector, Office of Energy and Environmental IndustriesPhone: 202-482-4850Email: [email protected]
Man ChoTeam Lead, Energy Industries TeamPhone: 202-482-5159Email: [email protected]
Catherine VialTeam Lead, Environmental Industries TeamPhone: 202-482-2823Email: [email protected]
Intellectual Property Rights and Exporting: A Step-by-Step Guide
Raquel CohenOffice of Intellectual Property RightsInternational Trade AdministrationJune 2014
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After this session, you will:
Understand the value of your intellectual property to your export activities.
Understand the FIVE basic steps you can take to protect and enforce your intellectual property in your export markets.
Be able to locate resources that are available to aid your efforts.
Session Objectives
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Intellectual Property in the U.S. Economy Report
The entire U.S. economy relies on some form of IP
IP-intensive industries accounted for over $5 trillion of U.S. GDP in
2010 (35%).
Merchandise exports of IP-intensive
industries totaled $775 billion in 2010
(60.7%).
In 2010, IP-intensive industries directly and
indirectly employed 40 million Americans
(27.7%).
Average weekly wages for IP-intensive
industries were 42% higher than the
average weekly wages in other (non-IP-intensive) private
industries.
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Step 1: Identify Your Company’s Intellectual Property
Conduct an IP audit:
• an inventory of information relevant to the creation, maintenance and use of IP rights (current and potential)
• a powerful strategic tool for managing and maximizing return on your IP investments
life expectancy extent of use relevance estimated value ownership
legal status
infringements licenses assignments contracts
joint ventures independent
contractors employees financing
cost/benefit analyses due-diligence
business strategies
best practices
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Step 1: Identify Your Company’s Intellectual Property
IP audit resources:
• Visit
• Online IPR Training Module
• USPTO IP Awareness Assessment Tool
• Local Attorney specializing in IPR (Local Bar Association)
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Step 2: Secure Your IP Rights in the United States
File patent and federal trademark applications with the U.S. Patent and Trademark Office.
U.S. Patent and Trademark Office
– www.uspto.gov– 1-800-786-9199– Patent $110-$850 fees
» Small entity, micro-entity fee reductions
– Trademark $275-$375 fees
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Step 2: Secure Your IP Rights in the United States
Register your copyright with the U.S. Copyright Office.
U.S. Copyright Office– www.copyright.gov– $35/$55 (electronic filing fee)– $65 (paper filing fee)
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Step 3: Secure Your IP Rights in Foreign Markets
U.S. Export Assistance Center (USEAC) resources
– Export.gov: Trade Leads, Trade Events, Market Research, Other CS Resources
Consider ease of protecting and enforcing your IP
– Which markets are members of international IP agreements?
– Which markets have trade agreements with the United States that contain IP provisions?
– What are industries’ major IP concerns in specific markets?• Annual Special 301 Report at
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Step 3: Secure Your IP Rights in Foreign Markets
WHERE to protect your IP: a business decision
Where do you currently sell your product/service?
Where do you want to sell your product/service in the future?
Where are your products or components of your product produced?
What are some of the more likely countries where infringement may occur?
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Resources: IPR Toolkits China Webinars IPR Attachés Country Commercial Guides (available from
USEAC) Transatlantic IPR Portal with EU’s China
Help Desk
Step 3: Secure Your IP Rights in Foreign Markets
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Step 3: Secure Your IP Rights in Foreign Markets
Register your TRADEMARKS and PATENTS
• Trademarks: The Madrid Protocol– File international application with USPTO– 91 countries as of October 2013– www.WIPO.int; www.USPTO.gov
• Patents: The Patent Cooperation Treaty– File PCT application
with U.S. Receiving Office at USPTO
– 148 countries as of November 2013
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Register your copyrights.
• As with trademark and patent, there is no such thing as an “international copyright” that will automatically protect a work throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country.
• However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions such as the Berne Convention (167 Contracting Parties).
Step 3: Secure Your IP Rights in Foreign Markets
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Know Your PartnersConduct due diligence regarding your potential business partners. You should not assume that your business partner is looking out for your company’s best interest.
Step 4: Know Your Business Partners and Protect Your Trade Secrets
• Commercial Service’s International Company
Profile Service.
• Develop strong contractual relationships with
your business partners.
• Make sure you are registered as the owner of
your IP, not your business partner.
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Keep your trade secret a secret.
• A “trade secret” is defined in broad terms and may include:- sales methods - consumer profiles
- lists of suppliers and clients - distribution methods
- manufacturing processes - advertising strategies
• All WTO members are required to protect trade secrets, and many countries have laws that specifically protect trade secrets.
• Know the local law (contract, unfair competition, trade secret).
• Take reasonable measures to maintain the confidentiality of your trade secret.
Step 4: Know Your Business Partners and Protect Your Trade Secrets
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Step 4: Know Your Business Partners and Protect Your Trade Secrets
General Advice on Trade Secrets:
Be extremely cautious about revealing too much information to business partners.
Whenever possible compartmentalize trade secrets so that no one employee has access to all of your proprietary information.Be on guard at trade shows and international expositions.
Periodically review your security procedures, especially your cybersecurity procedures.
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Additional Resources on Trade Secrets
Step 4: Know Your Business Partners and Protect Your Trade Secrets
White
House
• White House’s Administration’s Strategy on Mitigating the Theft of U.S. Trade Secrets.
WIPO
• World Intellectual Property Organization has trade secret info designed for small and medium-sized enterprises. (www.WIPO.int)
CREATe.org
• CREATe.org white paper: Trade Secret Theft: Managing the Growing Threat in Supply Chains
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Step 5: Enforce IPR at Home and Abroad
Companies must enforce their IPR. Enforcement is first and foremost the right holder’s responsibility!
Civil Remedies• Cease & desist; notice & takedown• Licensing agreements • Lawsuits; alternative dispute resolution
Remedies at the Border• Record with customs:
https://apps.cbp.gov/e-recordations
• ITC Section 337 Investigations
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Criminal Remedies
National IPR Coordination Center • Visit www.iprcenter.gov and click on “Report IP Crimes” tab to file a report
• 1-866-IPR-2060; www.ice.gov
Step 5: Enforce IPR at Home and Abroad
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In Foreign Markets…
•Develop an enforcement strategy.
•Understand your enforcement options.– IPR Toolkits – IPR Attachés– Country Commercial Guides
•Gain market insight by talking with other U.S. companies and business associations.
Step 5: Enforce IPR at Home and Abroad
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In Foreign Markets…
• Identify local attorneys.– U.S. Commercial Service at U.S. Embassies
can provide you with lists of local law firms.
• Record your rights with local customs.
• Be vigilant! Proactively monitor the market.
Step 5: Enforce IPR at Home and Abroad
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To Protect Yourself from IPR Theft, You Should…
Identify Your IP
Secure Your IP Rights in the United States
Secure Your IP Rights in Foreign Markets
Know Your Partners and Keep Your Secrets
Enforce IPR at Home and Abroad
Quick Review
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Case Study: Egypt
• Problem: The Egyptian Olympic Committee (EOC) sourced sports outfits for the 2012 Egyptian Olympic delegation from an unauthorized distributor selling counterfeit Nike uniforms.
• Strategy: – Commerce and U.S. Ambassadors to Egypt and the
UK raised the issue with Egyptian trade and foreign affairs officials
– Commerce facilitated dialogue between Nike and EOC officials
• Result: The EOC accepted genuine goods from Nike for the Egyptian athletes, and the Government of Egypt opened an investigation of the EOC procurement practices.
Ensuring Companies Benefit from U.S. Trade Agreements
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Access to IP Resources and Assistance
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Contact
Stevan Mitchell: Director, Office of Intellectual Property [email protected]; 202.482.5751
Raquel Cohen: International Trade Specialist, Office of Intellectual Property [email protected]; 202.482.4146
Bijou Mgbojikwe: International Trade Specialist, Office of Intellectual Property [email protected]; 202.482.1722
Christine Peterson: International Trade Specialist, Office of Intellectual Property [email protected]; 202.482.1432
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