New Delhi: India has sought joint ownership of intellectual property rights for technologies co-developed with other nations for the $2-billion FutureGen project that aims at setting up a zero-emission thermal power plant.
The country has demanded restructuring of Annexure-I of the agreement on FutureGen project, which contains protection and allocation of IPRs arising out of cooperative activities.
“It is uneven and is mostly in favour of the US. Our position has been that IPRs generated through collaborating activities should be owned jointly and commercial benefits should be shared equitably,” an official source said.
FutureGen project, proposed by the US, envisages to build a 275MW near zero-emission coal-fired power plant by 2012.
The source said as per the Agreement on Science and Technology Cooperation between India and the US, IPRs created jointly by people employed or sponsored by the participating parties should be jointly owned by the two parties.
“Each party should have within its territory all rights to exploit or license IPRs created in the course of development of the project,” he said.
This is in contrast to a US law which mandates that the US government would retain a non-exclusive license to use the patent throughout the world.
The Annex-I needs to be restructured for providing equal access to IPRs for all participants, he said, adding the power ministry may consider the agreement on technology cooperation with the US as a fall back option.
Oil and Natural Gas Corporation, NTPC Ltd and Coal India Ltd would form a special purpose vehicle for joining the FutureGen Industrial Alliance that includes some the world’s biggest mining and energy firms such as BHP Billiton.