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| Fall 2000 | ||
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| A Note from the President | ||
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The Consulting Engineering Business and Intellectual Property
Years ago it was not uncommon to see contracts with a clause that essentially prohibited us from using what we developed on a Client's project in our future business. I used to argue that it would require us to wipe our brains clean after the project, to comply with the letter of the agreement. Usually it ended up being clarified as applying only to documents specifically prepared for that project, or we just gave up realizing that enforcement would be impractical, as one cannot prevent a professional engineer from improving him or herself through learning. Of course I also tried the argument that we would not be considered for the job if we hadn't already gained experience from previous work for other Clients, but found that logic doesn't always prevail when discussing legal issues.
There are still some in the energy industry who believe that engineers and consultants couldn't possibly know anything if they hadn't been taught by their Clients. They apparently don't realize that the power of creativity is not in information, but the ability to devise and apply a process to effectively use this information in varying circumstances. Just translate this situation to the medical or legal profession, and the suggestion that a doctor shouldn't use what he learned on your case in treating his next patient is not only silly, it would be downright unprofessional. |
Another intellectual property issue arises when we work for two Clients who are pursuing competing projects or markets. One may be leery of us performing similar work for the other, thinking that his competitor might benefit from the solutions we develop for him. While this attitude may be understandable, it is not particularly realistic. In our work we constantly learn and improve, and our value to Clients is our ability to use this experience to constantly think of better ways. The notion that there are singular solutions that we could market elsewhere is therefore incorrect. What we use every time we do a project is a creative process that makes use of available information, including project and Client-specific conditions as well as our aggregate experience of what worked and didn't work in the past. The solutions that we developed 10 years ago (and which someone at the time might have wanted to prevent us from using again) would be outdated today.
I would argue that any attempts to constrain the use of information that is in itself not confidential, is counterproductive. To think that there is advantage in restricting information and knowledge flow will be as effective as trying to control the Internet. The aim in our industry should be the opposite, namely to open up access to knowledge and information since power is not in the information itself, but in the ability to use it effectively in constantly improving design and management processes. To do differently would mean that some of our Clients would get second rate treatment and not get the full benefit of our knowledge and capability. This is a notion that would violate our business ethics as well as good business sense. If we are successful it is because we offer a problem solving capability, rather than sell ready-made solutions copied from past experience.
W. J. Timmermans |
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| INTEC Engineering, Inc. Intercontinental Building 15600 JFK Boulevard, 9th Floor Houston, TX 77032, USA tel: (281) 987-0800 Primary Fax: (281) 987-3838 Admin Fax: (281) 987-2002 e-mail: info@intec-hou.com |
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INTEC Engineering (SEA) SDN. BHD. Suite 12.2, 12th Floor Menara Aik Hua Changkat Raja Chulan 50200 Kuala Lumpur, Malaysia Tel: +60 (3) 202-2488 Fax: +60 (3) 202-3488 e-mail: info@intec-mal.com.my |
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INTEC Engineering B.V. Poortweg 14 2612 PA Delft, The Netherlands P.O. Box 3178 2601 DD Delft, The Netherlands tel: +31 (15) 256-5675 FAX: +31 (015) 256-0194 email: info@intec-delft.com |
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INTEC-egis Adelaide House 200, Adelaide Terrace Perth, Western Australia 6000 tel: + 61 (8) 9220 9374 FAX: + 61 (8) 9325 9897 email: info@intec-hou.com |