QUICK NEWS, 10-25: COPYRIGHT IN CHINA; EFFICIENT STATES; WIND MOVES FAST TO PROTECT BATS

COPYRIGHT IN CHINA
Behind The AMSC/Sinovel Dispute: A Look At IP Law In The U.S. Vs. China
Tim Smith, Jill McWhirter, Bryan Adams, 18 October 2011 (North American Windpower)

"…AMSC has brought suit against Sinovel in the Chinese court system (specifically, before the Beijing Arbitration Commission), alleging that Sinovel violated AMSC's copyright and trade-secret rights by misappropriating software developed by AMSC…AMSC is attempting to control and protect its software by utilizing the tools of protection granted by [intellectual property, IP] law…

"A copyright protects ‘original works of authorship’ that are fixed in a tangible form of expression. In the context of software, a copyright may apply to source code, object code and user interfaces…A trade secret is proprietary, confidential information used to provide an economic or competitive advantage…[I]f a competitor fairly and lawfully gains access to a trade secret, the individual or company maintaining the trade secret may have no legal recourse…"

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"China provides copyright protection for many types of written works, including computer software. For the most part, China’s copyright statutes resemble those in the U.S…Legislation specific to software protection was enacted in 2001…If a violation of a trade secret under the Unfair Competition Law is found, the penalties may include fines, confiscation of illegal income, revocation of the party’s license to operate, an injunction ordering the party to cease the illegal act, and/or imprisonment…

"Although both China and the U.S. have similar laws and processes designed to protect copyrights and trade secrets, the differences rest in the enforcement of these laws, as well as the governmental nature of each country…[There is a] perception that Chinese courts would tend to favor Chinese companies over U.S. companies in such disputes…The dispute between the two companies has cast IP infringement into the limelight, and the case may set a precedent for the enforcement of IP rights by U.S. companies doing business in China."


EFFICIENT STATES
ACEEE: Massachusetts Overtakes California as #1 Energy Efficiency State, Michigan and Illinois Among the Most Improved…
October 20, 2011 (American Council for an Energy Efficient Economy)

"A sour U.S. economy, tight state budgets, and a failure by Congress to adopt a comprehensive energy strategy have not slowed the growing momentum among U.S. states toward increased energy efficiency, according to the fifth edition of the annual ACEEE State Energy Efficiency Scorecard…

"…[T]he ACEEE [report] shows that the top 10 states are: Massachusetts (taking the #1 position for the first time); California (slipping from the top spot it held for the first four editions of the ACEEE Scorecard); New York State; Oregon; Vermont; Washington State; Rhode Island; Minnesota, Connecticut; and Maryland (making its first appearance in the top 10 and also one of the six most improved states in the 2011…)."

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"The 10 states most in need of improvement (from dead last to #42) are: North Dakota; Wyoming; Mississippi; Kansas; Oklahoma; South Carolina; West Virginia; Missouri; Alabama (also one of the top six most improved states); and South Dakota…

"Facing uncertain economic times, states are continuing to use energy efficiency as a key strategy to generate cost-savings, promote technological innovation, and stimulate growth…Total budgets for electricity efficiency programs increased to $4.5 billion in 2010, up from $3.4 billion in 2009. Combined with natural gas program budgets of about $1 billion, total energy efficiency budgets in 2010 equal about $5.5 billion. Given the increasing regulatory commitments to energy efficiency, this growth will likely continue over the next decade…"


WIND MOVES FAST TO PROTECT BATS
Bat death causes 70MW project shutdown
James Quilter, 19 October 2011 (Windpower Monthly)

"…The [70 megawatt] North Allegheny project [in Pennsylvania]…owned by Duke Energy and [using] Gamesa 2MW turbines…was closed [at night] by the US Fish and Wildlife Service after [a] dead bat was discovered under a turbine…

"The bat was an Indiana Bat and is protected by the federal endangered species act. It was discovered during routine monitoring of the wind farm."

Indiana bat (from Windpower Monthly -- click to enlarge)

"Many bat deaths are caused by a phenomenon known as barotrauma, whereby a change in pressure between turbines causes the creatures’ lungs to explode.

"It is believed operational changes such as increasing the speed at which a wind turbine starts generating energy from 3.5-5.5m/s can reduce bat fatalities by 50-80%...[and] preliminary results from studies on acoustic devices, which generate ultra-high-frequency sounds to deter bats from turbines, show a reduction in mortality by up to 70%."