September 13, 2022
IP and Youth: Innovating for a Better Future
Intellectual Property, according to the World Intellectual Property Organization(WIPO), is any creation of the mind which includes all kinds of inventions, designs, art, literary works, images, symbols etc, used in the commercial field.[1] These are in no way different than any physical asset as the person can claim all possessory and ownership rights over their intellectual property and protect them from being ripped off of their original work, without their consent. These rights are recognised by law and the intellectual property is protected through patents, copyrights, trademarks, industrial designs, geographical indications, trade secrets etc. The concept of IP, in its contemporary context, originated in 17th and 18th century England. Even though the term Intellectual Property got popular in the 19th century, it developed in the legal aspects only in the late 20th century.[2]
Innovations have always been the key to growth in a society, be it scientific, artistic or commercial. Millions of ideas take birth every day and the right people must get credit for their creations. In a world where even the identity of a person is not safe from being stolen, it is important to protect people from being exploited. This will guarantee an outflow of entrepreneurs, creators, inventors, and young minds that have the potential to bring out a change in this world. The world prospers on the passion of the youth and it is time for them to hold the baton for building the future. Their priceless possession is their young minds that are practical and that dare to ask the right questions. That is exactly the reason why this year's theme for World Intellectual Property Day is IP and Youth: Innovating for a Better Future.[3] Making the youth capable of handling challenges and making them mindful of the platforms available to them is what this initiative aims to impart through this theme.
The world economy keeps growing and flourishing because of the constant input made in it every day in the forms of inventions, investments, ideas etc. This year's theme for the world IP day focuses on the participation of youth in this process as they are the future and their ideas are foresighted. The creation of IP can happen in the mind of even a child as their minds come up with the most unique ideas and creations. A science fair or an art exhibition could be the ground where a game-changing idea is introduced. These prodigies should be given the right nurturing because they grow up to be a generation of talented people, envisioning a transformation. They can not only change the world but also make it their source of income, start their own business, create job opportunities and see the world applaud their skills. WIPO has already initiated a noble quest to encourage young innovators across the world to come forth and show their skills in creating wonders.[4] This guarantees the participation of the target population. This not only facilitates economic and social development but also curbs the challenges we face as a society. Innovations are supposed to cater to the needs of the current society and factors like climate crisis, economic changes, conflicts between nations, human rights etc should be taken into account. It is necessary to identify the problems that hinder the process of development, to build a promising future. But the news about young people coming forward with suggestions and arguments is the biggest proof that there's intention and ambition to make a better world.
IP and innovation are not just concerned with young people cultivating solutions. It is also about supporting them to make it happen. This is where the importance of digital IP awareness comes in. The one thing that makes IP different from physical property or assets and intellectual property is that IP is impalpable. This property makes it even more susceptible to being exploited because it can be consumed limitlessly, without the consumers bothering about its origin or credibility. This enables anyone to reproduce original ideas and misappropriate them. IP protection laws are technically a fortress that shields creators.[5] This is where the role of young people takes its form, in the light of the digital era we live in, as young people have a huge online presence. The progress in digital facilities has made publishing and circulating content easy. It is thus the call of the time to ensure participation of the Gen Z and millennial population in understanding IP and promoting it because they are the creators and consumers of a majority of data we share online.
A survey was conducted by the European Union Intellectual Property Office(EUIPO) on young Europeans aged between 18 and 24 to study their approach to consuming illegal sources of digital content and counterfeit products. The survey showed that movies and series are most likely to be consumed illegally(85% of the surveyed people). This is a significant detail as piracy is the most common form of IP rights violation that happens every day. Films and series get leaked without the creator's knowledge and the pirated versions get streamed on illegal platforms. This is what the said 85% of youth consumes. It is thus vital to make young people understand such IP violations, and how their seemingly harmless actions could harm creators and innovators by hindering the smooth circulation of their original content.
Another interesting thing the survey told us is that, despite some of the young people having knowledge of IP, they do not adopt this knowledge into practice. According to them, using illegal sources to stream or download movies and series has become a habitual practice that they do not even deem to be illegal behaviour.[6] The reason this happens is because of a lack of awareness about IP rights and laws. Providing possibilities to research and learn about IP, this attitude could change. Improving punishments and legal dimensions is not the best option. Ensuring moral correction of these young minds will depend on how successfully we convey the message to them. The emergence of young online content creators, YouTubers and influencers has helped in this process as it has become a way of earning and this made the young community more conscious of copyright violations and piracy.
A major discussion surrounding IP is the emergence of youth in the most sought-after field of entrepreneurship. Even though young people have made their mark in this area, the flourishing of innovation is not solely dependent on the skills and vigour of these creators and innovators. To keep any business running, they need to have the mastery of managerial skills to make a profit from what they do. They need to be able to market their ideas with the right mechanisms and create their niche. In a world run on digital marketing, a majority of businesses, especially the ones dealing with technological advances, IP is undoubtedly the most priced asset.[7]
Hence, IP rights and youth will be the most spirited duo when the ingenuity of young minds is blended with the knowledge of IP rights and laws. This will ensure a balance between the protection of private rights while using it most effectively for the greater public good. Young people will grow to be confident, and they'll share their wisdom with their peers, thus prompting them to make morally right decisions. Keeping this in mind, it is equally important to make sure they know how to protect their intellectual property from being illegally used by big corporations. There have been various incidents where local small business owners, young designers and creators were robbed of their creations without being given credits or seeking their permission. These corporations will easily escape any legal repercussions as it is simple enough to dishearten small business owners. It is important to equip the youth with the right tools and knowledge to stand up for themselves.
IP awareness can also produce career opportunities for young aspiring lawyers as all creators need legal aid in standing their ground when a crisis arises. The importance of this particular branch will be retained for a long time, and there are no signs of change in the foreseeable future. Being an IP lawyer is an excellent career option for young people. With the world accelerating into a globalised economy where competition exists in every sphere, even in claiming credibility on a subject, there should inevitably be more brilliant and young minds with immense knowledge about IP. This makes it a perfect option for young lawyers with a desire to try new and innovative fields and expand their areas of expertise. The most promising opportunities in this sphere are provided by technology firms because Intellectual Property and Technology Law is one of the core parts of a business. It handles a spectrum of legal areas like the protection of technology, brands, trademarks, products etc. of a firm. Being a field that has seen accelerated growth in recent years, it guarantees consistent growth for aspiring lawyers. The reason behind such growth is the need for legal advisors in handling their business. We can state without any hesitation that IP and Technology Law is a combination that has wide scope in providing career opportunities to young lawyers. In addition to this, even students, in general, need to have a basic understanding of how IP rights and IP laws work to completely erase ambiguities. Students write articles, publish research papers and do official submissions constantly and they need to be aware of how their work can be protected.
In the Indian scenario, our promising young population is what makes our country a strong ally in IP development. India stands second in population with 1.3 billion people, but it comprises a big part of the total young population around the world, with an average age of 29, which is a fifth of the young population in the world. India has also seen a rising start-up society which creates a suitable environment for young innovators. The government has already initiated programmes like Startup India and Pradhan Mantri MUDRA Yojana (PMMY) which is set to boost entrepreneurial pursuits and create job opportunities for the youth. India is blessed with geographical diversity and it can thus involve young people in identifying geographical indications around them.[8]
Even with the advancement in IP laws, it remains mysterious and intimidating to laymen because of their lack of knowledge and their inability to grasp the velocity of such an important aspect that could protect their intellectual assets. This is why there's a need to initiate steps in educating the youth about IP as they are the future and the key to the minds of laymen. In the words of the director-general of the World Intellectual Property Organisation, Daren Tang, it should act as a powerful catalyst for development, jobs, investments and business. The aim should be to make an inclusive IP ecosystem that focuses on small businesses, artists, creators, young entrepreneurs etc.[9] The initiative is to bring IP to the ground and ensure the participation of young people across the globe to bring out a successful economy and a harmonious environment for young talent to grow.
References:
[1]World Intellectual Property Organisation (n.d.) What is Intellectual Property? WIPO. https://www.wipo.int/about-ip/en/#
[2]World Intellectual Property Organisation (n.d.) What is Intellectual Property? WIPO. https://www.wipo.int/about-ip/en/#
[3]WIPO(n d.) World Intellectual Property Day – April 26, 2022 IP and Youth: Innovating for a Better Future. https://www.wipo.int/ip-outreach/en/ipday/
[4] WIPO(n d.) World Intellectual Property Day – April 26, 2022 IP and Youth: Innovating for a Better Future. https://www.wipo.int/ip-outreach/en/ipday/
[5] Goldstein, P. (2008). Copyright, Patent, Trademark and Related State Doctrines- Cases and Materials on the Law of IP (6th ed.). Callaghan
[6] European Union Intellectual Property Office. (2016) Intellectual Property and Youth Scoreboard [Data Set]. https://euipo.europa.eu/ohimportal/en/web/observatory/ip-youth-scoreboard
[7] CAREERS360. (n.d.). What is IP and Technology Law?. https://www.careers360.com/courses/ip-and-technology-law-course#:~:text=What%20is%20IP%20and%20Technology,of%20a%20company.
[8] Economic Diplomacy Division. (n.d.). One of The Youngest Populations in the World – India’s Most Valuable Asset. Ministry of External Affairs. Government of India. https://indbiz.gov.in/one-of-the-youngest-populations-in-the-world-indias-most-valuable-asset/
[9]CanalOEPM. (2022, February 2). Innovating for a Better Future. Youth and IP[Video]. YouTube. https://youtu.be/1Kfi5mOy-YQ