On 25 October 2023, Dr Titilayo Adebola contributed to a Masterclass on “Innovating in Law.” Her contributions focused on the interplay between innovation and intellectual property rights.
See notes from her interventions below.
Innovation and Intellectual Property
Innovation refers to the process of introducing new ideas, methods, products, or services to create value and bring about positive change. It involves thinking creatively and using existing knowledge and resources to develop novel or improved products or processes that solve problems or fulfil needs. Innovation can occur in various fields, including technology, business, science and arts. It often leads to advancements, increased efficiency, and the promotion of growth and progress in society. Intellectual property rights including patents, trade marks, industrial designs, and copyright, are at the heart of protecting innovation. (For an Introduction to Intellectual Property Rights, see here.)
Patents
Patents are the cornerstone of innovation in the realm of technology and industry. Patents grant inventors exclusive rights to their creations, preventing others from making, selling, or using the patented invention without permission for a set period, typically 20 years. This exclusivity serves as a powerful incentive for innovation. The promise of protecting one’s invention from imitators could encourage inventors to invest time, effort, and resources into research and development. Patents are social contracts that reward inventors for their contributions, while simultaneously requiring them to share the details of their innovation with the public. This exchange fuels a cycle of technological progression, with each patent building on the knowledge disclosed in earlier ones.
Trade Marks
Trade marks are signs that distinguish one product or service from another. They are vital for businesses seeking to build and protect their brand identity. Whether it’s the swoosh of Nike or the green and white mermaid logo of Starbucks, trade marks encapsulate the values and qualities associated with a brand, fostering consumer trust and loyalty. Their protection ensures that brands maintain their unique identity, preventing others from capitalising on their goodwill and reputation. Trade marks are badges of origin. For innovators, trade marks are a critical part of building a business and maintaining a competitive edge.
Industrial Designs
Industrial designs are the silent heroes behind the objects we use daily. They encompass the aesthetic and visual elements of products. From the sleek lines of an iPhone to the ergonomic curves of a car’s body, industrial designs influence our choices and experiences. The protection of industrial designs ensures that the distinctive appearance of a product remains exclusive to its creator, preventing copycats from piggybacking on the innovative design work of others.
Copyright
Copyrights grant creators exclusive rights to their literary, dramatic, musical and artistic works, including the right to reproduce, distribute, and adapt their creations. It provide the assurance that creators can share their work with the world while maintaining control over how it is used. This balance encourages authors, artists, and musicians to continually push the boundaries of creative expression.
Two core theoretical justifications for Intellectual property rights are that (i) it incentivises innovation (ii) it provides a reward for labour. Striking a balance between protecting intellectual property rights and ensuring equitable access to knowledge is a persistent and evolving challenge. It requires a thoughtful approach that considers the tensions between public interests and private rights
Notably, innovation in intellectual property rights spans a wide array of fields and industries. Here are some noteworthy examples:
Pharmaceutical Industry: The pharmaceutical industry heavily relies on patents to protect new drug discoveries. Innovations like the COVID-19 vaccines developed in record time by companies such as Pfizer and Moderna demonstrate the power of patents in incentivising research and development.
Computer and Consumer Electronics Industry: Companies like Apple and Samsung are involved in constant patent battles over smartphone technology. Patents are used to protect innovations in hardware, software, and user interface design. Examples of patents in this industry include Apple’s patent for the pinch-to-zoom gesture and Samsung’s patents for full screen and foldable screen phones.
Entertainment Industry: Copyright is at the heart of the entertainment world. Music artists, authors, and filmmakers rely on copyright to protect their works. For instance, the Star Wars franchise, created by George Lucas, demonstrates how copyright safeguards creative works and their potential for expansion.
Biotechnology and Genetic Engineering: Companies like CRISPR Therapeutics are pushing the boundaries of biotechnology, using patents to protect groundbreaking gene-editing techniques and technologies that have the potential to revolutioniSe healthcare.
Green Technology: Innovations in renewable energy, such as solar panels and wind turbines, are frequently protected by patents. These technologies are crucial for addressing environmental challenges and reducing our carbon footprint.
These examples showcase the diverse applications of intellectual property rights across various industries, highlighting its pivotal role in fostering innovation, protecting inventions, and enabling the development of groundbreaking technologies, products, and creative works.
How Can You Develop Innovations and Protect Your Intellectual Property Rights?
Educate Yourself: Understand the basics of intellectual property rights, including patents, trademarks, copyrights, and trade secrets. All law students at the University of Aberdeen are introduced to Intellectual Property law in the second year Property Law class. You can also take the optional Intellectual Property courses at honours level. Your tutorials, seminars, assessments and dissertation could be your sounding boards to test your innovative ideas and knowledge of intellectual property rights.
Identify a Problem and Brainstorm Ideas: Look for challenges or problems. Innovations often emerge from addressing specific needs. Collaborate with friends and peers (including those from other Schools and Universities) to brainstorm innovative solutions or concepts.
Keep Records: Document your ideas, innovations, and the development process. This record can be crucial when seeking Intellectual Property Protection.
Research Existing Intellectual Property Rights: Before diving into your project, research existing patents, trademarks, or copyrights to ensure your idea is unique. If your innovation is a novel and non-obvious product or process, consider filing a patent application. This can protect your invention for a specified period. If your project involves a unique sign, register a trademark to protect your brand identity. If you are creating artistic works, such as music, literature, or software, consider copyright protection. This accrues automatically (See more information: United Kingdom’s Intellectual Property Office.)
Maintain Confidentiality: Keep your innovations confidential, especially in the early stages. This is crucial for protecting trade secrets. When sharing your idea with potential collaborators, investors, or partners, consider using Non Disclosure Agreements (NDAs).
Seek Legal Advice: Consult with an intellectual property attorney to understand your rights and options.
