Scots innovations make others green with envy

Published Date: 26 April 2009
By Martin Hannan

FOR several centuries now, almost from the start of the industrial revolution, Scotland has been a world leader in developing new technologies, and as many a souvenir tea towel shows, the list of Scottish inventions is impressive.
Yet Scotland has not always benefited fully from its culture of innovation. Jim Watt famously had to go to England to make an impact with his steam engine; Alexander Graham Bell only hit the jackpot after he emigrated to Canada and the US; while many medical breakthroughs such as penicillin, beta-blockers and ultrasound and MRI scanners, which were pioneered by Scots or developed in Scotland, have made many companies rich, few of them Scottish-based. Now Scotland is once again at the forefront of a new technology in which the race to develop inventions is literally a matter of global importance. Scots and Scottish companies are working round the clock to develop the machines and techniques to make renewable energy more workable as an alternative to fossil fuels, and in such fields as tidal and wave power and carbon capture, Scotland really does have a world lead – the European Marine Energy Centre (EMEC) in Orkney, for example, was the first test facility of its kind and has developed accreditation standards that are now internationally recognised.In the past decade or so, the Scottish renewables industry has grown significantly, and the Scottish Government has recognised its importance for job creation as well as meeting climate-change targets. In the longer term, this thriving sector has a real opportunity to exploit its intellectual properties (IP) in global markets, on the back of ground-breaking technologies in several areas.A raft of IP lawyers are working with the industry to ensure that Scotland does not surrender valuable assets in this developing field. Carina Healy, partner specialising in IP with Dundas & Wilson, emphasises how important it is for innovators to take steps to protect their ideas: "Most new developments in green technology must be protected by patents, just as in other industries."If you are developing new blades for turbines or working on smarter grids or carbon capture, or just about anything in the industry, these developments can be protected by patent applications and patents, and sometimes design rights."Scotland is at the forefront of renewable technology and a lot of it is driven by universities and small companies, perhaps spending a lot of money from investors, so it is important to take the steps to safeguard intellectual property to protect your own investment and reassure investors that their investment is protected, too."Healy adds that the point of protecting IP applies even in areas where small developing companies are working in conjunction with bigger partners – "otherwise the bigger company will just swallow the smaller's IP assets."John MacKenzie, partner with Pinsent Masons, points out the importance of constant innovation in the industry to Scotland, emphasising that the recent Government announcement of the commitment to reduce emissions by 34% by 2020 can only be achieved by technology that is still in the pipeline or planning stage."The only way that target can be reached is by new technologies to make our current processes more efficient," he says. "That goes for televisions and kettles as well as the turbines on wind farms – they will all have to be more efficient."Each of these improvements will be capable of protection by way of patent, so there is a real opportunity for Scotland with its existing strength in renewables to capture the intellectual property of these new technologies and export that to countries which are going to have problems, such as China and India."Fortunately the umbrella group for the renewable industry in Scotland appears to be on the IP case. The Scottish Renewables organisation was founded in 1996 to act as a forum for all those developing renewable energy technologies across Scotland. For some time now it has been working with the Intellectual Assets Centre (IAC) in Glasgow on a comprehensive programme to ensure that its own staff and member organisations and companies understand the importance of protecting and developing their intellectual property. In particular, the IAC carried out an audit that involved Scottish Renewables' staff in understanding its key intellectual assets and identifying what actions it needed to take in order to secure them.Jason Ormiston, chief executive of Scottish Renewables, says: "As a result of our interactions with the Intellectual Assets Centre, we have developed a good understanding of what comprises our intellectual assets and their importance to us as we progress our business strategy. The audit helped us to identify areas for immediate improvement and we have taken action that we believe will protect and enhance our brand value."It appears that the lessons of history have been learned by the organisations, firms and inventors working in the renewables industry in Scotland. Surely this time, a Scottish industrial lead will not be lost.