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Ship Construction File CESA Se ou l, 18-19 September 2009. Design Transparency v. Intellectual Property Protection. IMO GBS requirements: All necessary structural safety information shall be made available throughout the lifetime of the ship.
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Ship Construction File CESA Seoul, 18-19 September 2009
Design Transparency v. Intellectual Property Protection • IMO GBS requirements: All necessary structural safety information shall be made available throughout the lifetime of the ship. • Consequently, the IMO initially considered the ship as only storage location to ensure this requirement. • The shipbuilding industry supports improved transparency of ship design and construction for safety purposes but subject to intellectual property (IP) protection principles. • Safety improvement / strengthened IP protection: no conflicts and only complimentary
Cross Industry Initiative • Could become a “lighthouse project” for the Tripartite approach: all major shipbuilders, shipowners and classification societies around the globe are joining the forces. • Developing an industry model to implement the ship construction file (SCF) requirements. • Joint submission to IMO MSC 87 (by 9 February 2010): - SCF guidelines and information content - Related amendments to SOLAS and / or GBS verification guidelines
Cross Industry CommonPrinciples • The SCF is a mandatory set of documents linked to the ship from delivery until the dismantling. • Ship owners must have access to information for safe operation of the vessel, including maintenance, repair and for emergency situations. • The concept of property (with regard to IP), its importance and impact shall be recognised. • All necessary structural safety information shall be made available throughout the lifetime of the ship, along with the obligation of respecting the IP protection principles. • Availability of additional structural information, not related to the safe operation, maintenance and repair of the ship may be subject to commercial agreements.
SCF on Board – SCF Supplement Ashore (Promising Solution under Consideration) • The mandatory SCF includes the SCF on board and a part of the SCF Supplement ashore that is related to safe operation. • Highly IP sensitive information required by the mandatory SCF, if not absolutely necessary and relevant to be on board: - Its full content => “SCF Supplement ashore” - Its reference, summary and access procedures => “SCF on board” • Storage: - SCF on board: Full or a part copy at the shipowner’s office and full copy at the same location as the SCF Supplement - SCF Supplement ashore: ideally a dedicated archive centre
Yard Property Information IP Sensitive Information All Subject to Appropriate IP Protection Highly IP Sensitive Information Safety Related Information • No matter their • IP sensitivity 1. Required by SCF Guidelines but NOT necessary on board; 2. NOT required by SCF Guidelines but kept ashore based on bi-lateral agreement; Necessary On Board Not Necessary On Board + + SCF Supplement On Shore Archive SCF On Board
Advantages of the Archive System • Improved safety can be promoted. • Long-term data storage can be guaranteed. • In case the SCF onboard is damaged, destroyed or lost and no copy is kept ashore by the owner, the archive service can provide a replacement. • For the highly IP sensitive information which is not absolutely necessary and relevant to be onboard, an ashore archive system can provide better IP protection than leaving it onboard. • Serious IP infringement cases can be minimized for all parties concerned.
Features of the Archive System • Location and access procedures: in the SCF on board and the shipowner’s office • Quick delivery: deliver the information to authorised parties within a defined deadline • Practical IP control procedures according to various IP sensitivities • Unconditional access to ship owners, class and flag states if for safe operation purposes or pursuant to legal proceedings • Owner(s) of the ship shall keep both the SCF on board and SCF Supplement on shore updated
The Industry Standard • Issues to be discussed: - Definition of each SCF information item - IP sensitivity of each SCF information item - Practical security system for SCF (hardware and software methods of protection) - “Standard” procedures for access to SCF (on board and on shore) - Plan for dedicated archive centre(s) • Timing: from MSC 87 to January 2015
From Now to MSC 87 • Agree on the main principles and directions at Tripartite 2009 • Fine-tune the joint industry submission to MSC 87 by December 2009 • Promote the industry approach among the flag states and call for support from the IMO Members • MSC 87: cross industry meeting to decide on targeted timelines for next steps