Systems Approach:
Teaching Intellectual Property
in Our Interconnected World
Seth C. Oranburg1 Abstract
This paper, “A Systems Approach: Teaching Intellectual Property in Our Interconnected World,” explores the imperative shi --- t --- rom a --- ragmented to an integrated systems approach in intellectual property (IP) education. The interconnected nature o --- IP law necessitates an educational --- ramework that integrates patents, trademarks, copyrights, and trade secrets. This paper examines the limitations o --- traditional --- ragmented IP education and presents an analysis o --- the bene --- its and challenges associated with systems approach.
Through incremental and radical steps, educational institutions can transition to this integrated model. The paper outlines practical strategies --- or overcoming initial barriers and ongoing challenges, drawing on the case study o --- the University o --- New Hampshire Franklin Pierce School o --- Law’s Hybrid JD program. This pioneering program exempli --- ies the value o --- this approach, providing valuable insights and a blueprint --- or other institutions.
The analysis underscores that while not all institutions can replicate the exact model o --- UNH Franklin Pierce, the principles and strategies outlined can guide signi --- icant improvements in IP education. By adopting this --- ramework, law schools can better prepare students to navigate the complexities o --- IP law, --- ostering innovation and economic growth in our interconnected world.
KEYWORDS: Intellectual Property Education, Systems Approach, Integrated Approach, Holistic Curriculum, Hybrid JD, Legal Education, Interconnected World, IP Law Integration.
1
Pro --- essor o --- Law, University o --- New Hampshire Franklin Pierce School o --- Law; Director, Program on Organizations, Businesses and Markets at NYU Law’s Classical Liberal Institute. I would like to thank Brandon B. Phemester, B.S. in Biology, M.S. in In --- ormation and Technology, M.S. in Chemistry, M.A. in Medical Science, M.B.A., Ph.D. expected 2025, J.D. expected 2026, my research assistant, --- or his valuable assistance with research, editing, and citation work on this paper. His thorough work greatly supported the completion o --- this project.
Oranburg A Systems Approach
Table o
Contents Abstract ……………………………………………………………………………………………………… 1 Abbreviations, Acronyms, and Initials …………………………………………………………. 5 1. Introduction ………………………………………………………………………………………… 5 1.1. What Is a Systems Approach? ……………………………………………………….. 6 1.2. Merits o — a Systems Approach ……………………………………………………….. 7 1.2.1. Holistic Understanding ………………………………………………………………… 7 1.2.2. Improved Problem-Solving ………………………………………………………….. 8 1.2.3. Enhanced Collaboration ………………………………………………………………. 8 1.2.4. Long-Term Solutions …………………………………………………………………… 9 1.2.5. Adaptability ……………………………………………………………………………….. 9 1.2.6. Risk Management ……………………………………………………………………….. 9 1.3. Challenges o — a Systems Approach……………………………………………….. 10 1.3.1. Complexity in Curriculum Design ………………………………………………. 10 1.3.2. Faculty Expertise and Interdisciplinary Teaching ………………………….. 10 1.3.3. Resource Constraints …………………………………………………………………. 11 1.3.4. Student Overload and Cognitive Load …………………………………………. 11 1.3.5. Assessment and Evaluation Di —
iculties ……………………………………….. 11 1.3.6. Institutional Resistance to Change ………………………………………………. 12 1.3.7. Keeping Pace with Rapid Technological Advances ……………………….. 12 1.4. IP as a System……………………………………………………………………………… 13 1.4.1. Holistic Understanding o — IP Interactions …………………………………….. 14 1.4.2. Enhanced Problem-Solving and Innovation ………………………………….. 15 1.4.3. Improved Collaboration and Interdisciplinary Integration ………………. 15 1.4.4. Long-Term Strategic Planning …………………………………………………….. 15 1.4.5. Risk Management and Compliance ……………………………………………… 16 1.5. Industry & IP as a System …………………………………………………………… 16 1.5.1. Con — licting IP Interactions ………………………………………………………….. 16 1.5.2. Complementary IP Interactions …………………………………………………… 17 1.6. A Systems Approach to IP Education …………………………………………… 20 2. Fragmented IP Education …………………………………………………………………… 21
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Oranburg A Systems Approach
2.1. Worldwide Fragmentation in IP Education ......................................... 22
2.1.1. United States Law Schools & Fragmented IP Education ..................... 23
2.1.2. Latin American Universities & Fragmented IP Education ................... 24
2.1.3. Canadian Universities & Fragmented IP Education ............................. 26
2.1.4. European Universities & Fragmented IP Education ............................. 27
2.1.5. Asian Universities & Fragmented IP Education ................................... 27
2.1.6. A --- rican Universities & Fragmented IP Education ................................ 28
2.2. Reasons --- or the Fragmented Approach ................................................ 28
2.2.1. Traditional Academic Structure ............................................................ 29
2.2.2. Market Demands................................................................................... 29
2.2.3. Resource Constraints ............................................................................ 29
2.2.4. Disciplinary Silos ................................................................................. 30
2.2.5. Pedagogical Tradition ........................................................................... 30
2.2.6. Industry In --- luence ................................................................................. 31
2.2.7. Path Dependance .................................................................................. 31
2.2.8. Con --- luence o --- Factors Encourage Fragmentation ................................ 32
2.3. Problems with the Fragmented Approach ........................................... 32
2.3.1. Limited Understanding ......................................................................... 32
2.3.2. Bias Toward Speci --- ic Areas .................................................................. 33
2.3.3. Inability to Make In --- ormed Strategic Decisions................................... 33
2.3.4. Fragmented Skill Set ............................................................................ 34
2.3.5. Poor Collaboration and Integration ...................................................... 34
2.3.6. Reduced Adaptability ........................................................................... 34
2.3.7. Inadequate Preparation --- or Multinational IP Issues .............................. 35
2.3.8. Fragmented IP Education in an Interconnected World ......................... 35
3. Incremental Steps Toward a Systems Approach to IP Education .............. 35
3.1. Strategies --- or Overcoming Initial Barriers .......................................... 36
3.1.1. Curriculum Redesign and Integration................................................... 36
3.1.2. Faculty Development and Training ...................................................... 37
3.1.3. Resource Allocation and Funding......................................................... 37
3.1.4. Curriculum Piloting and Feedback ....................................................... 38
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Oranburg A Systems Approach
3.1.5. Institutional Support and Policy Changes ............................................ 39
3.2. Strategies --- or Overcoming Ongoing Challenges .................................. 40
3.2.1. Continuous Curriculum Evaluation and Improvement ......................... 40
3.2.2. Interdisciplinary Research and Collaboration ...................................... 40
3.2.3. Use o --- Technological Tools and Plat --- orms ........................................... 41
3.2.4. Engagement with Industry and Pro --- essional Bodies ............................ 42
3.2.5. Student Support and Mentoring Programs ........................................... 42
3.2.6. Global Partnerships and Exchange Programs ....................................... 43
3.2.7. Promotion o --- Li --- elong Learning and Pro --- essional Development ......... 44
4. Radical Steps Toward a Systems Approach to IP Education...................... 45
4.1. Case Study: Franklin Pierce Law Center ............................................. 45
4.2. Overcoming Initial Barriers .................................................................. 46
4.2.1. Curriculum Redesign and Integration................................................... 46
4.2.2. Faculty Development and Training ...................................................... 46
4.2.3. Resource Allocation and Funding......................................................... 47
4.2.4. Curriculum Piloting and Feedback ....................................................... 47
4.2.5. Institutional Support and Policy Changes ............................................ 47
4.3. Overcoming Ongoing Challenges .......................................................... 47
4.3.1. Continuous Curriculum Evaluation and Improvement ......................... 47
4.3.2. Interdisciplinary Research and Collaboration ...................................... 48
4.3.3. Use o --- Technological Tools and Plat --- orms ........................................... 48
4.3.4. Engagement with Industry and Pro --- essional Bodies ............................ 48
4.3.5. Student Support and Mentoring Programs ........................................... 49
4.3.6. Global Partnerships and Exchange Programs ....................................... 49
4.3.7. Promotion o --- Li --- elong Learning and Pro --- essional Development ......... 49
4.4. Radical Change in IP Education ........................................................... 49
5. Conclusion ....................................................................................................... 50
6. Bibliography .................................................................................................... 51
6.1. Citing Re --- erences .................................................................................... 51
6.2. Additional Scholarly Re --- erences ........................................................... 52
Author’s Biography ................................................................................................ 53
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Oranburg A Systems Approach
“Systems thinking is a discipline
or seeing wholes. It is a — ramework — or seeing interrelationships rather than things, — or seeing patterns o — change rather than static ‘snapshots.’” Peter Senge Abbreviations, Acronyms, and Initials IP - Intellectual Property JD - Juris Doctor UNH - University o — New Hampshire HJD - Hybrid JD (Juris Doctor) DRM - Digital Rights Management ITAM - Instituto Tecnológico Autónomo de México MIT - Massachusetts Institute o — Technology MIPEF - Modular IP Education Framework UC - University o — Cali — ornia EE. UU. - Estados Unidos (United States) PwC - PricewaterhouseCoopers GDP - Gross Domestic Product
- Introduction Intellectual property (IP) is best understood as a uni — ied system that encompasses a comprehensive — ramework designed to promote innovation, creativity, and economic growth.2 This system includes various legal mechanisms that work together to protect and incentivize the creation o — new ideas, technologies, and expressions.3 The IP system plays a pivotal role in today’s global economy, serving as a
undamental driver o — innovation, competition, and commercial success.4 IP encompasses creations o — the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. 5 By granting creators exclusive rights to their
2
World Intellectual Property Organization, What is Intellectual Property?, WIPO Publication No. 450E/20, at 1 (2020), https://www.wipo.int/edocs/pubdocs/en/wipo_pub_450_2020.pd --- .
3
William F. Shughart & Diana W. Thomas, Intellectual Property Rights, Public Choice, Networks, and the New Age o --- In --- ormal IP Regimes, 23 Sup. Ct. Econ. Rev. 169, 169-92 (2016), https://doi.org/10.1086/686477.
4
Dina Wehbe, The Power o --- Intellectual Property, UN Today, https://untoday.org/the-power-o --- - intellectual-property/.
5
World Intellectual Property Organization, What is Intellectual Property?, WIPO, https://www.wipo.int/about-ip/en/.
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Oranburg A Systems Approach
creations, IP incentivizes innovation and creativity, allowing creators to bene
it — rom their work.6 These exclusive rights are protected through various IP doctrines, each serving a speci — ic purpose and scope. 7 Despite the IP system’s obvious interconnectedness, universities and law school usually teach IP as a series o — doctrines that distinguish between its — our primary domains: patents, trademarks, copyrights, and trade secrets. 8 While this distinction is academically and analytically use — ul — rom a theoretical perspective, it presents challenges in pedagogy. Students — requently pick and choose among these domains, completing their studies with
ragmented knowledge.9 They may believe they understand IP generally, but they only grasp pieces o — a larger puzzle that clients need lawyers to solve. 10 This chapter discusses how universities and law schools should and can move — rom the current “ — ragmented” model o — IP education to a updated “systems” model o — IP education.11 Making this more is critical because o — the critical role that universities and law schools play in maintaining our IP system and cultivating the social bene — its o — IP. 12 1.1. What Is a Systems Approach? A systems approach is a comprehensive method o — analysis and problem-solving that views complex entities as interrelated components within a larger, uni — ied whole. 13 Rather than examining each part in isolation, a systems approach considers the interactions and dependencies between various components, emphasizing how they collectively contribute to the behavior and outcomes o — the entire system.14 This holistic perspective is widely used in — ields such as engineering, biology, economics, and organizational
6
World Intellectual Property Organization, Innovation and Intellectual Property, WIPO, https://www.wipo.int/web/ipday/2017/innovation_and_intellectual_property.
7
William Fisher, Theories o --- Intellectual Property, HARV. L. SCH. FACULTY, https://cyber.harvard.edu/people/t --- isher/iptheory.pd --- .
8
Monica Pa Moye, Syllabus, Law 525: Fundamentals o --- Intellectual Property Law, University o --- S. Cal. Gould Sch. o --- L. (Spring 2021), https://web-app.usc.edu/soc/syllabus/20211/04205.pd --- .
9
Laura A. Heymann, The Reasonable Person in Trademark Law, 52 St. Louis U. L.J. 781 (2008).
10
Sonia K. Katyal, The Paradox o --- Source Code Secrecy, 104 Cornell L. Rev. 1183 (2019).
11
VentureWell, How to Strengthen IP Education in University Ecosystems, (Apr. 28, 2020), https://venturewell.org/blog/ip-education-university-ecosystems/.
12
Vijay Sattiraju et al., National and Higher Education Institutions (HEIs) IP Policies: Comparison o --- Indian HEIs’ IP Policies --- rom a Global Perspective, 14 J. Knowledge Econ. 1979 (2023), https://doi.org/10.1007/s13132-022-00915-0.
13
Jairo da Costa Junior, Jan Carel Diehl & Dirk Snelders, A Framework --- or a Systems Design Approach to Complex Societal Problems, 5 Design Sci. e2 (2019), https://doi.org/10.1017/dsj.2018.16.
14
Martin Kunc, The Systems Thinking Approach to Strategic Management, 12 Systems 213 (2024), https://doi.org/10.3390/systems12060213.
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Oranburg A Systems Approach
management to address complex issues that cannot be e
ectively understood or resolved by looking at individual elements alone. 15 1.2. Merits o — a Systems Approach In recent years, there has been growing recognition o — the need — or a more integrated approach to IP education. 16 A systems approach o —
ers a holistic understanding o —
IP law by emphasizing the interconnectedness o
its various domains—patents, trademarks, copyrights, and trade secrets.17 This section explores the numerous merits o — adopting a systems approach in IP education, highlighting how it can enhance students’ comprehension and practical skills, — oster interdisciplinary collaboration, and better prepare them — or the complexities o — the modern IP landscape. 18 By teaching IP as a uni — ied system, educators can provide students with a comprehensive perspective that mirrors the realities o — pro — essional practice. 19 This integrated approach not only enhances theoretical knowledge but also equips students with the tools needed to navigate and manage IP issues in a more e —
ective and innovative manner.20 Below, we detail the speci — ic advantages o — a systems approach to IP education. 1.2.1. Holistic Understanding By examining the relationships between components, this systems approach provides an integrated understanding o — how complex systems — unction. 21 It helps to pinpoint root causes and identi — y key leverage points — or intervention. 22
15
Martin Reynolds & Sue Holwell, Introducing Systems Approaches, in Systems Approaches to Making Change: A Practical Guide 1, 1–24 (Martin Reynolds & Sue Holwell eds., Springer, 2020).
16
Center --- or Intellectual Property Understanding, Assessing Intellectual Property Engagement at the Largest U.S. University Entrepreneurship and Innovation Programs, at 2 (2024), https://www.understandingip.org/resources/reports/.
17
The Power o --- Systems Thinking: A Holistic Approach to Problem-Solving, GESTALDT (Jan. 8, 2024), https://www.gestaldt.com/practices/the-bene --- its-o --- -systems-thinking.
18
Leah Greden Mathews & Andrew Jones, Using Systems Thinking to Improve Interdisciplinary Learning Outcomes: Re --- lections on a Pilot Study in Land Economics, 26 Issues in Integrative Studies 73, 73- 104 (2008).
19
William W. Fisher III & Felix Oberholzer-Gee, Strategic Management o --- Intellectual Property: An Integrated Approach, 55 Cali --- . Mgmt. Rev. 157, 157-158, 160-161, 174-175 (2013).
20
William W. Fisher III & Felix Oberholzer-Gee, Strategic Management o --- Intellectual Property: An Integrated Approach, 55 Cal. Mgmt. Rev. 157, 174-75 (2013).
21
Project Management Institute, The Implications o --- Systems Thinking and Complex Systems, ProjectManagement.com (Dec. 2022), https://www.pmi.org/disciplined-agile/the-implications-o --- -systems- thinking-and-complex-systems.
22
Je ---
rey Glenn et al., Applied Systems Thinking: A Viable Approach to Identi — y Leverage Points — or Accelerating Progress Towards Ending Neglected Tropical Diseases, 18 Health Res. Pol’y & Sys. 56 (2020), https://doi.org/10.1186/s12961-020-00570-4.
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Oranburg A Systems Approach
Example: In environmental management, a systems approach examines studying the interactions between air, water, soil, and living organisms to understand the ecosystem’s health. It shows how pollution in one area can a ---
ect the entire ecosystem, leading to more e —
ective and sustainable environmental policies. 1.2.2. Improved Problem-Solving Systems thinking encourages the identi — ication o — patterns and interdependencies, which can lead to innovative solutions that address multiple issues simultaneously. 23 It moves beyond linear cause-and-e —
ect thinking, allowing — or more nuanced and e —
ective problem-solving strategies. 24 Example: In urban planning, a systems approach could address tra —
ic congestion by considering not only road in — rastructure but also public transportation, housing, and commercial development. By understanding how these — actors interact, planners can devise comprehensive strategies that alleviate congestion while promoting sustainable urban growth. 1.2.3. Enhanced Collaboration A systems approach o — ten involves interdisciplinary collaboration, drawing on diverse perspectives and expertise to develop a more comprehensive understanding o —
complex issues.25 This can lead to more robust and sustainable solutions.26 Example: In healthcare, improving patient outcomes o — ten requires collaboration between doctors, nurses, social workers, and public health pro — essionals. A systems approach — acilitates this interdisciplinary collaboration, ensuring that all aspects o — a patient’s well-being are considered in treatment plans.
23
Michael Goodman, Systems Thinking: What, Why, When, Where, and How?, The Systems Thinker, https://thesystemsthinker.com/systems-thinking-what-why-when-where-and-how.
24
Matthew Amissah, Thomas Gannon & Jamie Monat, What is Systems Thinking? Expert Perspectives --- rom the WPI Systems Thinking Colloquium o --- 2 October 2019, 8 Systems 6 (2020), https://doi.org/10.3390/systems8010006.
25
S. Sandeep Gaikwad et al., Interdisciplinary Collaboration in Research, in Modern Trends in Multi- Disciplinary Research vol. 1, at 14 (STRING PRODUCTION 2024).
26
Id.
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Oranburg A Systems Approach
1.2.4. Long-Term Solutions
By --- ocusing on the interconnections within a system, this approach helps design interventions that address underlying issues rather than just symptoms. 27 This leads to more sustainable and long-term solutions.28
Example: In education, addressing student per --- ormance issues through a systems approach might involve not only improving teaching methods but also considering --- actors like --- amily support, nutrition, and extracurricular activities. This comprehensive strategy can lead to sustained improvements in student outcomes.
1.2.5. Adaptability
Systems thinking encourages continuous learning and adaptation. 29 By understanding how di ---
erent parts o — a system interact, stakeholders can more e —
ectively respond to changes and emerging challenges. 30 Example: In business, a company using a systems approach to manage its supply chain would continuously monitor and adapt to changes in supplier reliability, market demand, and transportation logistics. This adaptability helps the company maintain e —
iciency and competitiveness in a dynamic market environment. 1.2.6. Risk Management Considering the system as a whole helps identi — y potential risks and unintended consequences o — interventions.31 This comprehensive view enables better risk management and mitigation strategies.32 Example: In project management, applying a systems approach means anticipating how changes in one part o — the project could impact other parts. For instance, altering the project scope might a —
ect timelines, budgets, and resource allocation. By understanding
27
Jurgen Appelo, 32 Key Concepts in Systems Thinking and Complexity Theory, unFIX (July 15, 2024), https://un --- ix.com/blog/32-key-concepts-in-systems-thinking-and-complexity-theory/.
28
Id.
29
Gestaldt Consultants, The Power o --- Systems Thinking: A Holistic Approach to Problem-Solving, Gestaldt (Jan. 8, 2024), https://www.gestaldt.com/insights/the-power-o --- -systems-thinking-a-holistic- approach-to-problem-solving.
30
Systems Theory in Evaluation: Understanding Complex Social Systems, Employers (2024), https://www.evalcommunity.com/career-center/systems-theory/.
31
Andy Carlino, Systems Thinking–More than the Sum o --- its’ Parts, Andy Carlino Blog (Nov. 4, 2023), https://www.andycarlino.com/blog/systems-thinking-more-than-the-sum-o --- -its-parts.
32
Id.
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these interdependencies, project managers can better mitigate risks and ensure success
ul project delivery. 1.3. Challenges o — a Systems Approach Implementing a systems approach to IP education is a progressive step toward providing a holistic understanding o — IP law.33 However, this approach also presents several challenges that educators and institutions must address. Here are key challenges with examples to illustrate each. 1.3.1. Complexity in Curriculum Design Designing a curriculum that integrates all domains o — IP—patents, trademarks, copyrights, and trade secrets—into a cohesive program can be complex. 34 It requires care — ul planning to ensure that each domain is covered comprehensively while also highlighting their interconnections.35 Example: A law school attempting to design an integrated IP course may struggle to allocate su —
icient time to cover the detailed aspects o — each domain, leading to potential gaps in students’ understanding. 1.3.2. Faculty Expertise and Interdisciplinary Teaching A systems approach requires — aculty members who are not only experts in their speci — ic IP domains but also capable o — teaching interdisciplinary content. 36 Finding and training such — aculty can be challenging. 37 Example: A university may have excellent patent law pro — essors but lack instructors with expertise in integrating IP law with business and technology, making it di —
icult to o —
er a well-rounded course.
33
Gestaldt Consultants, The Power o --- Systems Thinking: A Holistic Approach to Problem-Solving, Gestaldt (Jan. 8, 2024), https://www.gestaldt.com/insights/the-power-o --- -systems-thinking-a-holistic- approach-to-problem-solving.
34
Elliot A. Fishman, The Role o --- Intellectual Property Management Education in a Technology Management Curriculum, 35 J. Tech. Trans --- . 432, 436-39 (2010).
35
Id.
36
Steve H. Barr, Ted Baker, Stephen K. Markham & Angus I. Kingon, Bridging the Valley o --- Death: Lessons Learned --- rom 14 Years o --- Commercialization o --- Technology Education, 8 Acad. Mgmt. Learning & Educ. 370, 373–74, 379 (2009).
37
Id.
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Oranburg A Systems Approach
1.3.3. Resource Constraints
Implementing a comprehensive systems approach can be resource-intensive.38 Institutions need to invest in new materials, training, and potentially hiring additional
aculty, which can strain budgets. 39 Example: Smaller universities with limited — unding may — ind it di —
icult to a —
ord the necessary resources to develop and maintain a systems-based IP curriculum. 1.3.4. Student Overload and Cognitive Load A systems approach to IP education can be overwhelming — or students due to the breadth and depth o — content covered. 40 Balancing the amount o — in — ormation while ensuring that students do not — eel overloaded is crucial. 41 Example: Law students may struggle to grasp the interconnectedness o — di —
erent IP domains i — they are presented with too much in — ormation too quickly, leading to con — usion and disengagement. 1.3.5. Assessment and Evaluation Di —
iculties Evaluating students’ understanding in a systems approach — ramework can be more di —
icult than in traditional, segmented courses.42 Standardized testing methods may not accurately measure students’ holistic understanding o — IP law.43
38
Ritesh Chugh, Darren Turnbull, Michael A. Cowling & Robert Vanderburg, Implementing Educational Technology in Higher Education Institutions: A Review o --- Technologies, Stakeholder Perceptions, Frameworks and Metrics, 28 Educ. & In --- o. Techs. 16403, 16404, 16419, 16421 (2023), https://doi.org/10.1007/s10639-023-11846-x.
39
Id.
40
David T. Conley, Breadth vs. Depth: The Deeper Learning Dilemma, EdImagine (Oct. 15, 2015), http://edimagine.com/blog/breadth-vs-depth-the-deeper-learning-dilemma; Thomas Arnett, How to Have It Both Ways: Deeper Learning and Broad Content Coverage, Christensen Inst. (Apr. 22, 2021), https://www.christenseninstitute.org/blog/how-to-have-it-both-ways-deeper-learning-and-broad- content-coverage/.
41
Id.
42
Ritesh Chugh et al., Implementing Educational Technology in Higher Education Institutions: A Review o --- Technologies, Stakeholder Perceptions, Frameworks and Metrics, 28 Educ. & In --- o. Techs. 16403, 16403, 16419 (2023).
43
George Madaus, Peter Airasian & Thomas Kellaghan, The E ---
ects o — Standardized Testing, 5 Irish J. Educ. 70, 70-85 (1971); Bari Walsh, When Testing Takes Over, Harv. Graduate Sch. o — Educ., Usable Knowledge (Nov. 3, 2017), https://www.gse.harvard.edu/news/uk/17/11/when-testing-takes-over; Stavros Sindakis, Holistic Assessment: Unleashing Student Potential, Academia World News (Dec. 11, 2023), https://www.academiaworldnews.com/holistic-assessment-unleashing-student-potential.
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Oranburg A Systems Approach
Example: Traditional exams --- ocusing on isolated IP domains might not e ---
ectively assess a student’s ability to apply a systems perspective, requiring the development o — new, more integrative assessment methods. 1.3.6. Institutional Resistance to Change Universities and law schools o — ten have established traditions and curricula that can be resistant to change. 44 Shi — ting to a systems approach requires signi — icant buy-in — rom
aculty and administration, which can be di —
icult to achieve. 45 Example: Faculty members who have taught traditional IP courses — or years may be reluctant to adopt a new teaching approach, pre — erring to stick with established methods. 1.3.7. Keeping Pace with Rapid Technological Advances The — ield o — IP is constantly evolving, particularly with the rapid advancement o —
technology.46 A systems approach must be
lexible enough to adapt to these changes, which can be di —
icult to manage. 47 Example: Incorporating emerging topics like digital rights management and arti — icial intelligence into an already comprehensive systems-based IP curriculum can be challenging, requiring continuous updates to course content. By addressing these challenges, universities and law schools can more e —
ectively implement a systems approach to IP education, ultimately providing students with a richer and more practical understanding o — the interconnected nature o — IP law.48
44
Gail D. Caruth & Donald L. Caruth, Understanding Resistance to Change: A Challenge --- or Universities, 14 Turk. Online J. Distance Educ. 2, 12, 14, 18 (2013).
45
Christy Murray & Earnest Brooks, Understanding the Importance o --- Teacher Buy-In --- or School Improvement, MIDDLE SCHOOL MATTERS INST. (2024), https://www.greatmiddleschools.org/resources/understanding-the-importance-o --- -teacher-buy-in- --- or- school-improvement; Ola --- Jorgenson, Why Curriculum Change Is Di ---
icult and Necessary, NAT’L ASS’N OF INDEP. SCHS., Summer 2006, https://www.nais.org/articles/pages/why-curriculum-change-is-di —
icult-and- necessary. 46 Arlen Olsen, Preparing — or 2024: The Changing Landscape o — IP Law, Schmeiser, Olsen & Watts, LLP (Dec. 28, 2023), https://iplawusa.com/preparing- — or-2024-the-changing-landscape-o — -ip-law/. 47 Digital Legal Perspectives, The Evolving Landscape o — Intellectual Property Rights in the Digital Age, (Sept. 16, 2024), https://www.digitallegalperspectives.com/blog/the-evolving-landscape-o — -intellectual- property-rights-in-the-digital-age. 48 Arlen Olsen, Preparing — or 2024: The Changing Landscape o — IP Law, Schmeiser, Olsen & Watts, LLP (Dec. 28, 2023), https://iplawusa.com/preparing- — or-2024-the-changing-landscape-o — -ip-law/.
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1.4. IP as a System
Interconnectedness re --- ers to the state o --- being mutually connected or interrelated. 49 In today’s global landscape, interconnectedness encompasses the intricate linkages between nations, economies, technologies, and societies. 50 This phenomenon is driven by advancements in communication, transportation, and in --- ormation technology, which have
acilitated the rapid exchange o — ideas, goods, services, and capital across borders. 51 Interconnectedness implies that actions or changes in one part o — the world can have signi — icant and o — ten immediate impacts on other parts, creating a web o — systems, which include trade,52 media,53 supply chains,54 environment,55 culture,56 and IP.
49
Daniel Mitchell, Surprising Facts About Interconnectedness You Should Know, Medium (Oct. 21, 2023), https://medium.com/@danielmitchellpub/surprising- --- acts-about-interconnectedness-you-should-know- ae312756132d
50
Michael Birshan et al., A New Paradigm --- or Our Connected World?, McKinsey & Co. (Nov. 22, 2023), https://www.mckinsey.com/capabilities/strategy-and-corporate- --- inance/our-insights/a-new-paradigm-
or-our-connected-world. 51 Id. 52 According to the World Trade Organization (WTO), global trade reached $28.5 trillion in 2021, highlighting the extensive exchange o — goods and services between countries. For example, the 2008 — inancial crisis demonstrated how interconnected — inancial systems are, as the collapse o — major — inancial institutions in the United States triggered economic downturns in countries worldwide. 53 The International Telecommunication Union (ITU) reported that by 2021, there were approximately 4.9 billion internet users worldwide, re — lecting the deep penetration o — digital technologies. For example, the global spread o — social media plat — orms like Facebook, Twitter, and Instagram illustrates how digital networks connect people across the globe, enabling instant communication and the sharing o —
in
ormation. 54 A McKinsey Global Institute report indicated that 80% o — global trade involves complex supply chains spanning multiple countries. For example, the COVID-19 pandemic disrupted global supply chains, a —
ecting the availability o — products — rom electronics to pharmaceuticals, underscoring the interconnectedness o — manu — acturing and distribution networks. 55 The Intergovernmental Panel on Climate Change (IPCC) has documented how climate change impacts are — elt globally, with rising temperatures, sea levels, and extreme weather events a —
ecting diverse regions. For example, de — orestation in the Amazon rain — orest has global repercussions, including the loss o —
biodiversity and contributions to climate change, a
ecting ecosystems and communities — ar beyond South America. 56 UNESCO reports that cultural and creative industries generate $2.25 trillion annually, re — lecting the global exchange o — cultural products. For example, the global popularity o — South Korean K-pop music and cinema exempli — ies how cultural products can transcend borders, in — luencing — ashion, language, and entertainment worldwide.
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IP is similarly intertwined across various domains including global innovation systems,57 cross-border IP protections,58 technology trans --- er and licensing,59 and online and digital IP challenges.60 While --- ew would argue that IP is not interconnected, the --- act it is typically not taught in an interconnected ways suggests that it is worth outlining the merits o --- a systems approach to IP education speci --- ically. 61
1.4.1. Holistic Understanding o --- IP Interactions
A systems approach enables a comprehensive understanding o --- how di ---
erent IP domains—patents, trademarks, copyrights, and trade secrets—interact and support each other.62 This holistic view is essential in a world where IP issues are rarely con — ined to a single domain.63 Example: Consider a tech company developing a new product. Protecting the product might involve patents — or the technology, trademarks — or branding, copyrights — or the so — tware, and trade secrets — or the manu — acturing process. A systems approach helps in managing these overlapping protections e —
ectively.
57
Innovations o --- ten result --- rom collaborative e ---
orts spanning multiple countries and disciplines. For instance, the development o — mRNA vaccines — or COVID-19 involved contributions — rom scientists and researchers around the world, leading to patents and IP considerations in various jurisdictions. 58 A company like Apple protects its trademarks, patents, and copyrights globally to sa — eguard its brand and technology. This requires navigating di —
erent legal systems and IP regulations, illustrating the need
or a uni — ied approach to IP management. 59 Universities and research institutions — requently engage in technology trans — er, licensing their innovations to companies worldwide. This process involves complex IP agreements that cross national boundaries, emphasizing the interconnected nature o — IP in — ostering global innovation. 60 The rise o — digital plat — orms has made it easier to share and distribute content, but also presents challenges in protecting IP. Copyright in — ringement and digital piracy are global issues that require coordinated international responses. 61 World Intellectual Property Organization, Intellectual Property (IP) Education in Business Schools: A Global Perspective, WIPO 3-5 (2023), https://www.wipo.int/edocs/pubdocs/en/wipo-pub-rn2023- 29-en-intellectual-property-ip-education-in-business-schools.pd — . 62 The Power o — Systems Thinking: A Holistic Approach to Problem-Solving, Gestaldt Insights (Jan. 8, 2024), https://www.gestaldt.com/the-power-o — -systems-thinking. 63 The Impact o — the Digital Age on Intellectual Property, Otto.Law (Jan. 31, 2023), https://www.otto.law/blog/the-impact-o — -the-digital-age-on-intellectual-property.
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1.4.2. Enhanced Problem-Solving and Innovation
By viewing IP as an interconnected system, educators and practitioners can develop more innovative solutions to IP challenges.64 This approach encourages looking beyond individual IP rights to understand their collective impact. 65
Example: In addressing digital piracy, a systems approach might integrate copyright en --- orcement with technological solutions like digital rights management (DRM) and international policy coordination.
1.4.3. Improved Collaboration and Interdisciplinary Integration
A systems approach --- osters collaboration across disciplines and sectors, recognizing that e ---
ective IP management o — ten requires input — rom legal, technological, and business perspectives.66 Example: Developing a comprehensive IP strategy — or a biotech — irm might involve collaboration between IP lawyers, scientists, and business strategists to ensure all aspects o —
the
irm’s innovations are protected and monetized. 1.4.4. Long-Term Strategic Planning A systems approach helps in cra — ting long-term IP strategies that are adaptable to changes in technology, markets, and regulations. 67 This perspective is crucial in a — ast- evolving global landscape. 68 Example: A pharmaceutical company might use a systems approach to plan its IP strategy over the li — ecycle o — a drug, considering patents — or the active ingredient, trademarks — or the brand, and trade secrets — or the manu — acturing process.
64
Systems Thinking --- or School Leaders: A Comprehensive Approach to Educational Management, Critical Thinking Secrets (Jan. 8, 2024), https://www.criticalthinkingsecrets.com/systems-thinking- --- or-school- leaders.
65
Jens Martin Skibsted, How IP Laws Can Be Reimagined to Stimulate Innovation, World Econ. F. (Feb. 19, 2024), https://www.we --- orum.org/agenda/2024/02/how-ip-laws-can-be-reimagined-to-stimulate- innovation/.
66
Jeanine Becker & David B. Smith, The Need --- or Cross-Sector Collaboration, Stan --- ord Soc. Innovation Rev., Winter 2018, https://ssir.org/articles/entry/the_need_ --- or_cross_sector_collaboration.
67
Harry Grinnell, Strategic IP Planning, in IP Review (2006), https://www.example.com/strategic_ip_planning.
68
Id.
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1.4.5. Risk Management and Compliance
Understanding the interconnected nature o --- IP aids in identi --- ying potential risks and ensuring compliance with diverse regulatory --- rameworks.69 This is particularly important
or multinational corporations operating in various jurisdictions. 70 Example: An international media company needs to manage copyrights across di —
erent countries, ensuring compliance with local laws while protecting its content — rom unauthorized use. 1.5. Industry & IP as a System Industry businesses increasingly recognize the importance o — a holistic IP strategy that combines various IP rights to protect their innovations comprehensively.71 This integrated approach not only sa — eguards the individual elements o — IP but also maximizes their collective value, providing a competitive edge in the marketplace. 72 Here, we explore how the di —
erent domains o — IP—patents, trademarks, copyrights, and trade secrets— intersect and interact, supporting the notion that IP is best understood and managed as a uni — ied system. 1.5.1. Con — licting IP Interactions A — undamental decision in IP strategy is whether to patent an innovation or keep it as a trade secret.73 Patents provide robust legal protection by granting exclusive rights — or a limited period, usually 20 years, but require public disclosure.74 In contrast, trade secrets protect in — ormation inde — initely as long as it remains con — idential, without requiring disclosure.75 Example: The Coca-Cola Formula
69
Aaron Hall, IoT IP: Legal Framework --- or Protecting Your Innovations in a Connected World, Aaron Hall Attorney, https://www.example.com/iot_ip_legal_ --- ramework.
70
Id.
71
Heinonen & Co., Global Competence in Intellectual Property Rights, Eversheds Sutherland, https://www.example.com/global_competence_ip_rights.
72
TT Consultants, Beyond the Patent: 9 Unconventional Strategies --- or Protecting Your Intellectual Property, https://www.ttconsultants.com/beyond-the-patent (Mar. 13, 2024).
73
Romano Law, To Patent, Or Not To Patent: Patenting Vs. Trade Secret Protection, Mondaq (Apr. 22, 2024), https://www.mondaq.com/unitedstates/trade-secrets/1452848/to-patent-or-not-to-patent-patenting- vs-trade-secret-protection.
74
UpCounsel, Patent Protection: Everything You Need to Know, UpCounsel (Sept. 19, 2022), UpCounsel, Patent Protection: Everything You Need to Know, UpCounsel (Sept. 19,
75
World Intellectual Property Organization (WIPO), How to Protect Trade Secrets, WIPO, World Intellectual Property Organization (WIPO), How to Protect Trade Secrets, WIPO.
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A classic example is the Coca-Cola --- ormula, one o --- the most --- amous trade secrets in the world. Coca-Cola chose to keep its --- ormula a trade secret rather than patent it. The primary reason is that patents require public disclosure o --- the invention, providing protection --- or a limited period (usually 20 years). In contrast, trade secrets can theoretically last inde --- initely as long as the in --- ormation remains con --- idential. By choosing to maintain the --- ormula as a trade secret, Coca-Cola has managed to protect its proprietary blend --- or over a century, --- ar beyond the duration a patent would o ---
er. In the technology sector, companies o — ten — ace the dilemma o — patenting an invention or keeping it as a trade secret. 76 Patents provide robust legal protection but at the cost o — disclosing the invention. 77 Conversely, trade secrets protect the in — ormation without disclosure but can be vulnerable to reverse engineering or independent discovery. 78 Example: Google’s Search Algorithm Google’s search algorithm is a prime example o — using both patents and trade secrets. While some aspects o — the algorithm are patented to protect speci — ic innovations and ensure legal en — orceability, the core — ormula and operational speci — ics are kept as trade secrets. This dual strategy allows Google to protect its IP comprehensively, leveraging the strengths o — both patents and trade secrets. 1.5.2. Complementary IP Interactions In so — tware development, coders protect their work through a combination o —
copyrights and trade secrets.79 Copyright law automatically protects the code as soon as it is written, providing exclusive rights to reproduce, distribute, and create derivative works. 80
76
Carson Patents, What is a Patent? (2024), DOI:10.1080/13571516.2019.1553291; Dirk Crass et al., Protecting Innovation Through Patents and Trade Secrets: Evidence --- or Firms with a Single Innovation, 26 Int'l J. Econ. Bus. 117 (2019).
77
Carson Patents, What is a Patent? (2024), https://carsonpatents.com/what-is-a-patent/; World Intellectual Property Organization, How to Protect Inventions through Patents, https://www.wipo.int/patents/en/.
78
ForensisGroup, What Is a Trade Secret? Core Concepts and Legal Protections (Oct. 1, 2024), https://www. --- orensisgroup.com/resources/expert-legal-witness-blog/what-is-a-trade-secret-core- concepts-and-legal-protections.
79
Nutter McClennen & Fish LLP, Protecting So --- tware in the Post-Alice World—Copyright as an Option (Jan. 24, 2018), https://www.nutter.com/ip-law-bulletin/protecting-so --- tware-in-the-post-alice-world.
80
U.S. Copyright O ---
ice, What is Copyright?, https://www.copyright.gov/what-is-copyright/.
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However, the protection o
the — unctional aspects o — so — tware, such as algorithms and methodologies, o — ten relies on trade secrets. 81 Example: Microso — t Windows Source Code Microso — t uses copyright to protect the code o — its Windows operating system. However, the speci — ic techniques and algorithms that make Windows unique are maintained as trade secrets. This strategy prevents competitors — rom legally copying the code while sa — eguarding the proprietary elements that give Microso — t a competitive edge. Trademarks and trade dress work together to protect the brand identity o — a business.82 Trademarks protect logos, names, and slogans, while trade dress covers the visual appearance o — a product or its packaging, which can include design, color, and shape that signi — y the source o — the product to consumers. 83 Example: Apple’s Product Design Apple Inc. provides an excellent example o — leveraging trademarks and trade dress. The company’s logo and the name “Apple” are protected by trademarks, while the distinctive design o — its products, such as the iPhone’s sleek appearance and the layout o — its retail stores, are protected by trade dress. This comprehensive approach ensures that Apple’s brand identity and product aesthetics are legally sa — eguarded — rom imitation. Businesses increasingly recognize the importance o — a holistic IP strategy that combines various IP rights to protect their innovations comprehensively.84 Example: Pharmaceutical Industry In the pharmaceutical industry, a new drug can be protected by a combination o —
patents (
or the chemical composition), trademarks ( — or the brand name), and trade secrets ( — or the manu — acturing process). This multi- — aceted approach ensures that all aspects o — the drug, — rom its — ormulation to its market identity, are protected.
81
Stevens Law Group, How Copyright Protects Your So --- tware Code (And What It Doesn’t), https://www.copyright.gov/circs/circ33.pd --- .
82
Cohn Legal, PLLC, Trade Dress: A Comprehensive Exploration o --- Intellectual Property, https://www.cohnlegal.com/trade-dress.
83
Kimberly Gladden-Eversley, Trademark Law: 10 Things You Should Know, LegalZoom, https://www.legalzoom.com/articles/trademark-law-10-things-you-should-know.
84
Kelly Anderson, The Pillars o --- Free Enterprise Rest on IP, U.S. Chamber o --- Commerce (Feb. 22, 2024), https://www.uschamber.com/topics/intellectual-property/the-pillars-o --- - --- ree-enterprise-rest-on-ip.
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A well-rounded IP strategy involves identi --- ying and cataloging IP assets, securing legal protection, and leveraging IP --- or competitive advantage. 85 Companies use IP rights not only to protect innovations but also to create revenue streams through licensing, enhance market positioning, and attract investments. 86
Case Study: Tech Startups
Tech startups --- requently patent critical innovations while maintaining proprietary processes as trade secrets. This strategy not only protects their technology but also enhances their valuation, making them attractive to investors and potential acquirers.
These examples and statistics underscore that IP --- unctions best as a uni --- ied system where its various domains are interconnected and complementary. 87 This integrated approach ensures comprehensive protection and maximizes the value o --- IP assets, contrasting sharply with the --- ragmented way IP is o --- ten taught in universities and law schools.88 A systemic understanding o --- IP equips --- uture legal pro --- essionals with the necessary tools to navigate and manage the complexities o --- IP in the real world, bene --- iting innovators, businesses, and society at large. 89 However, universities and law schools almost never teach IP through this systems approach. 90 Rather, IP education is based on a
ragmented approach that re — lects academic conditions while ignoring practical challenges to this approach.91
85
Stephen Carter, 15 Things Investors Look --- or in an IP Strategy, The Intellectual Property Works (Aug. 5, 2024), https://www.theipworks.com/15-things-investors-look- --- or-in-an-ip-strategy.
86
Underwood & Associates, How to Monetize a Patent: Turning Intellectual Property into Revenue, Underwood & Associates (2024), https://www.underwoodpatents.com/blog/how-to-monetize-a-patent.
87
Porter Kispert, Systems Thinking: Understanding Interconnectedness and Seeing the Big Picture, Discovering Strategies --- or E ---
ective Thinking (May 5, 2023), https://www.e —
ectivethinking.com/systems- thinking-understanding-interconnectedness. 88 William W. Fisher III & Felix Oberholzer-Gee, Strategic Management o — Intellectual Property: An Integrated Approach, 55 Cal. Mgmt. Rev. 157, 157-158, 160-161, 173-175 (2013); Center — or Intellectual Property Understanding, Intellectual Property Education at Business Schools: An Evolving Landscape, 1-5 (Apr. 2021), available at https://www.usnews.com/best-graduate-schools/top-business-schools/mba-rankings. 89 Jaci McDole & Stephen Ezell, Ten Ways IP Has Enabled Innovations That Have Helped Sustain the World Through the Pandemic, In — o. Tech. & Innovation Found. (Apr. 29, 2021), https://www.iti — .org/ten- ways-ip-has-enabled-innovations-pandemic. 90 Bruce Berman, Absent — rom the Classroom: An Understanding o — IP Rights; Two Leading Educators Explain, IP CloseUp (Apr. 18, 2023), https://www.ipcloseup.com/absent- — rom-the-classroom- understanding-ip-rights. 91 Jean M. Bartunek & Sara L. Rynes, The Gap Between Academics and Practitioners is a Re — lection o — the Underlying Tensions o — Academic Belonging, LSE Impact Blog (May 23, 2014), https://blogs.lse.ac.uk/impacto — socialsciences/2014/05/23/the-gap-between-academics-and- practitioners.
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1.6. A Systems Approach to IP Education
IP is best understood as a uni --- ied system because it encompasses a comprehensive
ramework designed to promote innovation, creativity, and economic growth. 92 This system includes various legal mechanisms that work together to protect and incentivize the creation o — new ideas, technologies, and expressions.93 By viewing IP as a singular, integrated system, one can appreciate how these di —
erent protections complement and rein — orce each other to achieve broader societal and economic objectives.94 This holistic approach is essential — or developing e —
ective IP strategies, as it highlights the interconnected nature o — IP rights and their collective impact on — ostering an environment conducive to innovation.95 Understanding IP as a uni — ied system also ensures that educational programs can provide students with a comprehensive perspective, preparing them to navigate the complexities o — IP law and practice in a way that re — lects the realities o — its application in the industry.96 This integrated view aligns with how IP is utilized in the real world, where coordinated legal protections are necessary to
ully sa — eguard and capitalize on intellectual assets. 97 Our interconnected world necessitates a systems approach to IP education and management.98 This approach not only aligns with the realities o — global interdependencies but also equips students and pro — essionals with the tools needed to navigate the complexities o — IP law e —
ectively, — ostering innovation and economic growth in an interconnected world.99 This chapter will next address why IP education is currently
92
GGI Insights, Intellectual Property: Protecting Innovation and Creativity, Gray Group International (Oct. 1, 2024), https://www.graygroupintl.com/blog/intellectual-property.
93
Id.
94
Haim Shaked & Chen Schechter, De --- initions and Development o --- Systems Thinking, in Systems Thinking --- or School Leaders 9 (Springer, Cham, 2017), https://doi.org/10.1007/978-3-319-53571-5_2; Susan G. Clark & Richard L. Wallace, Integration and Interdisciplinarity: Concepts, Frameworks, and Education, 48 Pol’y Sci. 233 (2015), https://doi.org/10.1007/s11077-015-9210-4.
95
Id.
96
Id.
97
Id.
98
EMG Worldwide, Systems Thinking in Sustainability: Unlocking Success (Oct. 4, 2023), https://www.emg-csr.com/systems-thinking-in-sustainability.
99
Kristin Vala Ragnarsdottir, Setting the Scene: Viewing the World as Interconnected Systems, in Trans --- ormation Literacy115, 115-31 (Petra Künkel & Kristin Vala Ragnarsdottir eds., 2022), https://doi.org/10.1007/978-3-030-93254-1_8.
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ragmented through a siloed approach, not interconnected through a systems approach. 100 Then it will address what universities and law schools should do to change this. 101
- Fragmented IP Education Although IP is best understood as a larger system, most universities and law school teach IP as courses in — our separate doctrines. 102 Patents protect new inventions by granting the inventor exclusive rights to use, make, sell, and distribute the invention — or a limited period, typically 20 years. 103 This protection encourages innovation by providing inventors with a temporary monopoly as an incentive — or their work.104 In 2021, there were approximately 3.4 million patent applications — iled worldwide, highlighting the critical role patents play in driving technological advancement and innovation.105 Trademarks protect symbols, names, and slogans used to identi — y and distinguish goods and services. 106 They help consumers identi — y the source o — products and services, preventing con — usion and protecting the brand’s reputation. As o — 2021, the number o —
trademark applications worldwide reached around 13.9 million, indicating the signi
icance o — branding in a global marketplace. 107 Copyrights protect original works o — authorship, including literature, music, — ilms, and art.108 This protection grants creators exclusive rights to reproduce, distribute, per — orm,
100
Vasiliki Kioupi & Nikolaos Voulvoulis, Education --- or Sustainable Development: A Systemic Framework --- or Connecting the SDGs to Educational Outcomes, 11 Sustainability 6104 (2019), https://doi.org/10.3390/su11216104.
101
OECD, Education --- or Living in an Interconnected World, in PISA 2018 Results (Volume VI): Are Students Ready to Thrive in an Interconnected World? 177, 177–201 (OECD Publishing, 2020), https://doi.org/10.1787/aed26b5d-en.
102
Adam Moore & Ken Himma, Intellectual Property, STAN. ENCYC. PHIL. (Aug. 18, 2022), https://plato.stan --- ord.edu/entries/intellectual-property/.
103
Frequently Asked Questions: Patents, WORLD INTELL. PROP. ORG., https://www.wipo.int/patents/en/ --- aq_patents.html.
104
Id.
105
Worldwide IP Filings Reached New All-Time Highs in 2021, Asia Drives Growth, PR/2022/897, World Intell. Prop. Org. (Nov. 21, 2022), https://www.wipo.int/patents/en/ --- aq_patents.html.
106
U.S. Patent & Trademark O ---
., What Is a Trademark?, https://www.uspto.gov/trademarks/basics/what-trademark. 107 World Intellectual Property Organization, Worldwide IP Filings Reached New All-Time Highs in 2021, Asia Drives Growth, WIPO PR/2022/897 (Nov. 21, 2022), https://www.wipo.int/pressroom/en/articles/2022/article_0007.html. 108 U.S. Copyright O —
ice, “What is Copyright?”, Copyright.gov, https://www.copyright.gov/what-is- copyright/.
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and display their works, typically lasting
or the author’s li — etime plus 70 years.109 The global creative industries, underpinned by copyright, contribute over 3% o — the world’s GDP and employ more than 30 million people.110 Trade Secrets encompass con — idential business in — ormation that provides a competitive edge, such as — ormulas, practices, and processes.111 Protection o — trade secrets relies on maintaining secrecy and legal measures against unauthorized use or disclosure. 112 A survey by PwC — ound that 88% o — companies consider trade secrets to be their most important IP assets, underscoring their critical role in maintaining competitive advantage. Most law schools and universities teach IP in terms o — these courses, thus approaching the subject in a — ragmented manner, with courses o — ten — ocusing on individual IP doctrines rather than presenting IP as a uni — ied system. 113 This — ragmented approach can result in students gaining only a partial understanding o — IP, which is problematic when they enter pro — essional practice and need to address complex IP issues comprehensively and systematically.114 2.1. Worldwide Fragmentation in IP Education Worldwide, higher education’s approach to IP education is marked by
ragmentation.115 Universities and law schools o —
er specialized courses without integrating them into a uni — ied curriculum. 116 This issue is driven by traditional academic structures that emphasize depth over breadth, aligning with market demands — or specialized knowledge in certain IP areas. 117 However, this approach has signi — icant drawbacks,
109
Id.
110
Isabelle Durant, Unlocking Potential o --- Intellectual Property Rights to Support the Creative Economy, UNCTAD (May 18, 2021), https://unctad.org/news/unlocking-potential-intellectual-property- rights-support-creative-economy.
111
What is a Trade Secret?, WIPO, https://www.wipo.int/web/trade-secrets.
112
Id.
113
Intellectual Property and In --- ormation Technology Law, Fordham Law Sch., https://www. --- ordham.edu/school-o --- -law/academics/curriculum/llm-curriculum/llm-areas-o --- - study/intellectual-property-and-in --- ormation-technology-law/.
114
Carla Madalena Santos et al., Interdisciplinarity in Education: Overcoming Fragmentation in the Teaching-Learning Process, 10 Int'l Educ. Stud. 71 (2017), https://doi.org/10.5539/ies.v10n10p71.
115
Marginson, S. (2022). What is global higher education? Ox --- ord Review o --- Education, 48(4), 492- 517. https://doi.org/10.1080/03054985.2022.2061438
116
"Types o --- Law Degree Specializations: Which Areas o --- Law to Study?" Online Master o --- Legal Studies, 2U, Inc., https://onlinemastero --- legalstudies.com/related-law-degrees/law-degree-specializations.
117
Gwendolyn Juarez, 13 Best Intellectual Property Law Schools, Lexinter Law Directory, Aug. 27, 2024, https://lexinter.net/best-law-school- --- or-intellectual-property.
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including a limited understanding o
how IP domains interact and a bias towards certain areas like patents over others like trade secrets. 2.1.1. United States Law Schools & Fragmented IP Education In the United States (US), IP education is primarily delivered through law schools, which are graduate-level institutions separate — rom undergraduate programs. 118 Law students typically specialize in speci — ic areas o — IP law—such as patents, trademarks, copyrights, or trade secrets—through a series o — elective courses o —
ered by their law schools.119 This specialization o — ten results in a — ragmented understanding o — IP. 120 US law schools typically o —
er a variety o — courses on patents, trademarks, copyrights, and trade secrets, but these are o — ten treated as separate, standalone subjects. 121 For example, Harvard Law School o —
ers dozens o — courses covering di —
erent aspects o —
domestic and international IP law, but these courses are generally taken independently rather than as part o — an integrated curriculum.122 Similarly, top IP law programs at institutions like UC Berkeley and Stan — ord — ocus on speci — ic areas o — IP, allowing students to specialize but not necessarily providing a holistic view o — how these areas interconnect.123 A survey o — the top IP law programs reveals that while schools like the George Washington University Law School and Santa Clara University o —
er extensive IP curriculums, students o — ten choose electives based on their interests, leading to a specialization in one domain over a comprehensive understanding o — all. 124 For instance, students may take multiple courses in patent law due to its high demand in the tech industry but might neglect other critical areas like trade secrets or copyrights.
118
Hill, D.W., & Latimer, M.T. (n.d.). The role o --- intellectual property education in the United States. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
119
Id.
120
Id.
121
Ilana Kowarski, Pick the Right Intellectual Property Law Program, U.S. News & World Report (Sept. 28, 2017), https://www.usnews.com/education/best-graduate-schools/top-law-schools/articles/2017-09- 28/identi --- y-the-right-law-school- --- or-an-intellectual-property-law-career.
122
Harvard Law School, International and Comparative Law Program o --- Study, Harvard Law School, https://hls.harvard.edu/academics/programs-o --- -study/international-and-comparative-law-program-o --- - study/.
123
Berkeley Law, IP & Competition Law Center, Berkeley Law School, https://www.law.berkeley.edu/research/berkeley-center- --- or-law-technology/ip-competition-law- center/.
124
David Merson, Best Intellectual Property Law Schools (2023), Juris Education (Aug. 8, 2024), https://juriseducation.com/best-intellectual-property-law-schools-2023/.
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Statistics highlight the disparity in how IP courses are o ---
ered and taken. According to a survey by the Association o — American Law Schools, about 70% o — law students take patent law courses, whereas only 30% take courses on trade secrets. Furthermore, a report
rom the American Bar Association notes that while nearly all law schools o —
er courses on patents and trademarks, — ewer than hal — provide comprehensive courses on trade secrets or copyright law. 2.1.2. Latin American Universities & Fragmented IP Education IP education in Latin American universities exhibits a distinct structure compared to the American system, re — lecting regional academic practices and the integration o — law into undergraduate education.125 While there are commendable programs and e —
orts to advance IP knowledge, the overall approach remains — ragmented, emphasizing individual IP domains rather than presenting a uni — ied curriculum. 126 Latin American universities incorporate law education at the undergraduate level. 127 This means that students begin their legal education earlier, o — ten directly a — ter high school, and continue through a comprehensive curriculum that includes various aspects o — law, including IP.128 For instance, universities like the University o — Buenos Aires in Argentina and the University o — Sao Paulo in Brazil o —
er robust programs in IP law as part o — their broader undergraduate legal education.129 IP courses in Latin American universities are typically o —
ered by law — aculties, re — lecting the integration o — IP education within broader legal studies. 130 However, Latin American law — aculties tend to mirror American law school in that both tend to o —
er
125
Bianca Vienni Baptista, Federico Vasen & Juan Carlos Villa Soto, Interdisciplinary Centers in Latin American Universities: The Challenges o --- Institutionalization, 18 Higher Educ. Pol’y 1 (2018), https://doi.org/10.1057/s41307-018-0092-x.
126
Id.
127
Amaya Alvez Marín, Laura Betancur Restrepo, Enrique Alberto Prieto-Rios, Daniel Rivas- Ramírez & Fabia Veçoso, Rethinking International Law Education in Latin America, REDIAL (Sept. 17, 2020), https://www.a --- ronomicslaw.org/2020/09/17/rethinking-international-law-education-in-latin-america/.
128
Id.
129
Secretaría de Ciencia y Técnica, Universidad de Buenos Aires, Propiedad Intelectual, https://cyt.rec.uba.ar/vinculacion-trans --- erencia/propiedad-intelectual/.
130
Marzetti, M. (2011). IP Education – What Next? A View --- rom the Southern Cone. WIPO. Available at https://www.wipo.int/wipo_magazine/en/2011/05/article_0008.html.
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courses segmented into speci
ic domains o — patents, trademarks, copyrights, and trade secrets.131 A prominent example o — this — ragmented approach can be seen at the Instituto Tecnológico Autónomo de México (ITAM). ITAM o —
ers specialized courses in various IP domains, such as patents, trademarks, and copyrights, through its law — aculty. 132 While these courses provide in-depth knowledge in their respective areas, they are o — ten taught in isolation.133 For instance, students can take a detailed course on patent law, — ocusing on the legal and procedural aspects o — patent — iling and protection. 134 Similarly, separate courses on trademark law and copyright law cover their speci — ic legal — rameworks and applications.135 However, there is a lack o — an integrated curriculum that combines these domains into a cohesive program, leaving students with a segmented understanding o — IP rights.136 This — ragmented approach limits students’ ability to see the interconnected nature o — IP laws and their collective impact on — ostering innovation and protecting intellectual assets.137 Other examples include: • University o — Buenos Aires, Argentina: Known — or its strong — ocus on patent law, o —
ering detailed courses on patents and their role in innovation but less emphasis on a uni — ied IP curriculum. 138 • University o — Sao Paulo, Brazil: Provides robust courses on trademarks and patents but tends to separate these subjects — rom other IP domains such as copyrights and trade secrets.139
131
Law School Admission Council. (2024). Fields o --- Law. Retrieved
rom https://www.lsac.org/discover-law/types-law-programs/ — ields-law. 132 Extensión Universitaria y Desarrollo Ejecutivo, Diplomado en Propiedad Intelectual (versión en línea), ITAM, available at https://desarrolloejecutivo.itam.mx/Programa/35234/propiedad-intelectual-version- en-linea. 133 Id. 134 Id. 135 Id. 136 Id. 137 Carla Madalena Santos et al., Interdisciplinarity in Education: Overcoming Fragmentation in the Teaching-Learning Process, 10 Int’l Educ. Stud. 71 (2017), doi:10.5539/ies.v10n10p71. 138 Pro — . Carlos M. Correa, Director, Masters Program on Science and Technology Policy and Management, University o — Buenos Aires, WIPO, available at https://www.wipo.int/meetings/en/2006/scp_o — _ge_06/speakers/correa.html. 139 EduRank, University o — São Paulo: Statistics, available at https://edurank.org/uni/university-o — - sao-paulo/.
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• Ponti --- ical Catholic University o --- Chile: O ---
ers comprehensive courses in patents and trademarks but lacks a holistic IP education program that integrates all IP domains.140 • University o — the Andes, Colombia: Known — or its courses in trademarks and copyright law but does not provide a uni — ied program covering all IP domains collectively.141 2.1.3. Canadian Universities & Fragmented IP Education In Canadian universities, IP education is similarly — ragmented, re — lecting a common issue seen in many global academic systems.142 Canadian institutions o — ten o —
er IP courses within law — aculties, but these courses are typically segmented into specialized areas such as patent law, trademark law, copyright law, and trade secret law.143 For instance, the University o — Toronto and Osgoode Hall Law School provide robust programs — ocusing on speci — ic IP domains without integrating these areas into a cohesive curriculum. 144 This approach means that while students can gain deep knowledge in individual IP subjects, they o — ten miss out on understanding how these various domains interact and — unction as part o —
a comprehensive IP system. 145 This
ragmentation is — urther emphasized by the emphasis on patents and trademarks due to their immediate commercial relevance, leaving other critical areas like trade secrets and copyright somewhat underrepresented in the broader educational landscape. 146
140
EduRank, Ponti --- ical Catholic University o --- Chile: Statistics, available at https://edurank.org/uni/ponti --- ical-catholic-university-o --- -chile/.
141
Universidad de los Andes, Maestría en Propiedad Intelectual, in Catálogo General 2023, available at https://catalogo.uniandes.edu.co/.
142
Santos, Carla Madalena, Rubia Amanda Franco, Diego Leon, Daniel Bovolenta Ovigli & Pedro Donizete Colombo Júnior, Interdisciplinarity in Education: Overcoming Fragmentation in the Teaching- Learning Process, 10 Int’l Educ. Stud. 71 (2017).
143
Sookman, Barry, Intellectual Property Education: Are Canadian Law Schools Doing Enough to Support Innovation?, (Nov. 26, 2013), https://www.barrysookman.com/intellectual-property-education-are- canadian-law-schools-doing-enough-to-support-innovation.
144
Intellectual Property Law & Technology Intensive Program, Osgoode Hall Law School, York University, https://www.osgoode.yorku.ca/programs/juris-doctor/jd-academic-program/clinical-and-intensive- programs/intellectual-property-law-technology-intensive-program/
145
Id.
146
Osgoode's Part-Time Pro --- essional LLM in Intellectual Property Law, Osgoode Pro --- essional Development, https://osgoodepd.ca/wp content/uploads/2023/11/IP_Brochure_F24_updated_Sept2023_ --- inal.pd --- .
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2.1.4. European Universities & Fragmented IP Education
IP education in European universities o --- ten --- ollows a --- ragmented approach. 147 Despite initiatives like the Modular IP Education Framework (MIPEF) by the European Patent O ---
ice, which aims to blend theoretical and practical IP education, universities still tend to separate IP domains into distinct courses. 148 For example, the University o —
Strasbourg o
ers specialized courses in patents, trademarks, and copyrights but lacks an integrated curriculum that combines these domains. 149 This specialization results in students gaining deep knowledge in speci — ic areas while missing the interconnected nature o — IP.150 2.1.5. Asian Universities & Fragmented IP Education In Asian universities, IP education is similarly — ragmented. 151 Institutions such as the National University o — Singapore and the University o — Tokyo provide strong programs in speci — ic IP areas like patents and trademarks. 152 However, these courses are o — ten siloed,
ocusing deeply on individual domains rather than presenting IP as a cohesive system. 153 This approach re — lects the demand — or specialized knowledge in rapidly growing tech and industrial sectors but o — ten leaves students with a limited understanding o — how di —
erent IP rights interact.154
147
Harry de Boer, Jon File, Jeroen Huisman, Marco Seeber, Martina Vukasovic & Don F. Westerheijden, Structural Re --- orm in European Higher Education: An Introduction, in Policy Analysis o ---
Structural Re
orms in Higher Education 1 (Palgrave Macmillan 2017), https://doi.org/10.1007/978-3-319- 42237-4_1. 148 European Patent O —
ice, Modular IP Education Framework (MIPEF), https://www.epo.org/learning/learning-resources/universities.html. 149 Center — or International Intellectual Property Studies (CEIPI), Master o — Intellectual Property Law and Management (MIPLM), University o — Strasbourg, https://www.ceipi.edu/en/training/ceipi-courses- leading-to-diplomas/master-o — -laws-2-llm-equivalent/master-o — -intellectual-property-law-and-management- miplm (2024-2025). 150 Id. 151 Min-Hsien Lee, Ching Sing Chai & Huang-Yao Hong, STEM Education in Asia Paci — ic: Challenges and Development, 28 Asia-Paci — ic Educ. Res. 1, 1–4 (2019). 152 NUS Graduate Certi — icate in Intellectual Property & Technology Law, Nat’l U. Singapore Law Acad., https://law.nus.edu.sg/nuslawacademy/certi — icate-programmes/graduate-certi — icates/gciptl/. 153 Id. 154 Ling Li, Reskilling and Upskilling the Future-ready Work — orce — or Industry 4.0 and Beyond, 24 In — o. Sys. Front. 1 (2022).
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2.1.6. A --- rican Universities & Fragmented IP Education
A --- rican universities are increasingly recognizing the importance o --- IP education but o --- ten --- ace resource constraints that lead to a --- ragmented approach. 155 Universities such as the University o --- Cape Town and the University o --- Nairobi o ---
er courses in patents, trademarks, and copyrights but typically do not integrate these areas into a comprehensive program.156 Initiatives by organizations like the A — rican Regional Intellectual Property Organization (ARIPO) aim to improve IP education, but many programs still lack the holistic approach needed to — ully understand the interconnected nature o — IP rights. 157 2.2. Reasons — or the Fragmented Approach The — act that — ragmented IP education is a worldwide phenomenon across diverse universities and law schools suggests a — undamental disconnect between how IP is taught academically and how it is utilized in practice by industry. Several — actors contribute to the
ragmented approach to IP education in both regions: 1. Siloed Academic Structures: IP topics are o — ten isolated across disciplines, limiting interdisciplinary learning. For example, European universities divide IP courses across engineering, law, and arts programs in turn hindering comprehensive skill development. 2. Misalignment with Industry Needs: Law schools and — irms prioritize theory over practical skills. U.S. tech companies,
or instance o — ten demand IP experts with both legal and technical knowledge— gaps traditional curricula — ail to address. 3. Lack o — Global Standardization: Diverse IP systems complicate education. Teaching international trademarks requires — amiliarity with both the Madrid Protocol and national regulations which is a challenge schools in Asia and Latin America are beginning to address.
155
Jeanette Dadzie, 15th Cohort o --- the Masters in Intellectual Property (MIP) Programme Launched as the Strategic Importance o --- IP to A --- rica’s Sustained Development Grows, A --- rica Univ. News & Events (Aug. 23, 2022), https://aunews.a --- ricau.edu/15th-cohort-o --- -the-masters-in-intellectual-property-mip- programme-launched-as-the-strategic-importance-o --- -ip-to-a --- ricas-sustained-development-grows/.
156
Intellectual Property Management O ---
ice, University o — Nairobi, http://ipmo.uonbi.ac.ke 157 Our History, A — rican Reg’l Intell. Prop. Org. (ARIPO), https://aripo.org/browse/about-us/our- history.
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2.2.1. Traditional Academic Structure
Universities typically emphasize specialization and depth, encouraging students to develop expertise in speci --- ic areas rather than a broad understanding o --- interconnected systems.158 This traditional academic structure o --- ten results in IP courses being o ---
ered in isolation, — ocusing deeply on patents, trademarks, copyrights, or trade secrets, without integrating these areas into a comprehensive curriculum.159 Example: In many law schools, students might take a course on patent law that delves into the intricacies o — patent — iling and litigation, but they may not understand how patent law interacts with trade secret law, which can be crucial in technology sectors where both protections are o — ten used in tandem. 2.2.2. Market Demands The emphasis on certain IP domains, such as patents, aligns with market demands and industry needs, particularly in sectors like technology and pharmaceuticals. 160 These industries place a high value on patents due to their role in protecting innovations and securing competitive advantage, driving universities to prioritize patent education over other IP domains.161 Example: Universities located in technology hubs like Silicon Valley may o —
er numerous courses on patent law to meet the demand — rom tech companies — or patent expertise. This — ocus can lead to an imbalance, where other equally important areas o — IP, such as trade secrets and copyrights, receive less attention. 2.2.3. Resource Constraints Limited resources and — aculty specialization can restrict the ability o — universities to o —
er integrated IP programs that cover all domains comprehensively.162 Developing and
158
College Board, The Ultimate Guide to Choosing a College Major, June 21, 2023, https://blog.collegeboard.org/the-ultimate-guide-to-choosing-a-college-major.
159
University o --- Richmond School o --- Law, Intellectual Property Institute, https://law.richmond.edu/academics/intellectual-property-institute.html.
160
Jason Beckwith, Stephen Goldrick, William Nixon & Stavros Kourtzidis, Biopharma 4.0—The Talent Continuum: Staying A --- loat in Biopharma Talent Pool, Genetic Engineering & Biotechnology News (June 13, 2022), https://www.genengnews.com/topics/bioprocessing/biopharma-4-0-the-talent-continuum- staying-a --- loat-in-biopharma-talent-pool/.
161
Jason N. Mock, The BioPharma Patent Cli ---
: 2023 and Beyond, Foley & Lardner LLP (Mar. 29, 2023), https://www. — oley.com/insights/publications/2023/03/biopharma-patent-cli —
-2023-beyond/. 162 Leah Sha — er, Costs o — Specialized Teaching, Harv. Graduate Sch. o — Educ. (June 28, 2016), https://www.gse.harvard.edu/news/uk/16/06/costs-specialized-teaching.
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maintaining a curriculum that provides a holistic view o
IP requires signi — icant investment in — aculty training and course development, which many institutions may — ind challenging.163 Example: Smaller universities or those with limited — unding might only o —
er a — ew IP courses, each — ocusing on a di —
erent domain, because they lack the resources to hire
aculty with expertise in all areas o — IP. This can result in students only receiving a
ragmented education based on the available courses. 2.2.4. Disciplinary Silos The structure o — universities o — ten rein — orces disciplinary silos, where departments and — aculties operate independently, making interdisciplinary teaching and integration di —
icult.164 IP education, which inherently requires an understanding o — various legal, technological, and business aspects, o — ten — alls victim to these silos. 165 Example: In many universities, the law — aculty might o —
er courses on IP law, while the business school o —
ers courses on IP management, and the engineering school o —
ers courses on technology commercialization. Without a coordinated e —
ort to integrate these perspectives, students may only gain — ragmented insights depending on their — aculty or departmental — ocus. 2.2.5. Pedagogical Tradition The longstanding pedagogical tradition o — teaching subjects in isolation contributes to the — ragmented approach. 166 Legal education, in particular, has historically — avored a case-based method — ocusing on speci — ic legal doctrines rather than interdisciplinary or systems-based approaches.167
163
Gateway Quali --- ications, A Guide to Planning, Delivering and Assessing Holistic Learning Programmes, 1, 3, 11 (Feb. 2021), https://www.gatewayquali --- ications.org.uk/wp-content/uploads/2021/02/A- guide-to-planning-delivering-and-assessing-holistic-learning-programmes-Gateway-Quali --- ications.pd --- .
164
Interdisciplinary Education: Breaking Down Barriers and Overcoming Challenges (Aug. 29, 2024), https://blog.nus.edu.sg/interdbbc/2024/08/29/complexities-o --- -interdisciplinary-learning-in-higher- education-insights-and-strategies/.
165
Intellectual Property Law," Lawrina (May 7, 2024), https://lawrina.org/guides/business/intellectual-property-law/.
166
Florence Ligozat, Chantal Amade-Escot & Lei --- Östman, Beyond Subject Speci --- ic Approaches o ---
Teaching and Learning: Comparative Didactics, 46 Interchange 313, 313–321 (2015). 167 Harvard Law Sch., The Case Study Teaching Method, The Case Studies (2024), https://casestudies.law.harvard.edu/the-case-study-teaching-method.
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Example: Law schools o --- ten use the Socratic method, --- ocusing on case law to teach legal principles in isolation. While e ---
ective — or deepening understanding o — speci — ic legal areas, this method can limit students’ exposure to the broader context o — how di —
erent areas o — law interact, particularly in a complex — ield like IP. 2.2.6. Industry In — luence The curriculum design is sometimes heavily in — luenced by industry partnerships and
unding, which can skew the — ocus towards areas o — immediate industry relevance. 168 While this ensures that education meets market needs, it can also perpetuate a narrow — ocus on particular IP domains.169 Example: A law school with strong ties to the pharmaceutical industry might receive
unding to develop extensive courses on patent law but might not receive similar support
or developing comprehensive courses on other IP areas like trade secrets or copyrights, even though these are also critical — or holistic IP protection. 2.2.7. Path Dependance Path dependence re — ers to the way past decisions and established practices shape and constrain current and — uture actions. 170 In the context o — IP education, historical pre — erences — or teaching certain IP domains over others have led to entrenched curricula that are di —
icult to change. 171 Example: I — a university has a long-standing tradition o — emphasizing patent law due to historical ties with the tech industry, it may continue to — ocus on patents even as the importance o — other IP domains like trade secrets or copyrights grows. This inertia can make it challenging to update and integrate the curriculum to re — lect a more holistic approach to IP education.
168
Flynn, Matthew C., Hitendra Pillay & James J. Watters, Industry School Partnerships: Boundary Crossing to Enable School-to-Work Transitions Across Three Targeted Industries, Queensland University o ---
Technology, https://www.educationandemployers.org/wp-content/uploads/2014/06/
lynn_et_al_- _industry_school_partnerships.pd — . 169 Id. 170 Ian Greener, Path Dependence, Encyclopedia Britannica, https://www.britannica.com/topic/path- dependence. 171 Paul A. David, Path Dependence: A Foundational Concept — or Historical Social Science, 1 Cliometrica 91, 91–92, 98–103 (2007), https://doi.org/10.1007/s11698-006-0005-x.
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2.2.8. Con --- luence o --- Factors Encourage Fragmentation
In conclusion, the --- ragmented approach to IP education is a result o --- multiple interrelated --- actors, including traditional academic structures, market demands, resource constraints, disciplinary silos, pedagogical traditions, industry in --- luence, and path dependence. Addressing these --- actors requires a concerted e ---
ort to develop and implement integrated IP curricula that re — lect the interconnected nature o — IP in practice, ensuring that students are well-prepared to navigate the complexities o — the IP landscape in their pro — essional careers.172 Understanding problems with the — ragmented approach to IP education should motivate the substantial e —
orts needed to counter the — actors that encourage — ragmentation.173 2.3. Problems with the Fragmented Approach The — ragmented approach to IP education can have several signi — icant drawbacks. Students who — ocus narrowly on one domain, like patents, may lack the comprehensive understanding needed to navigate IP issues that span multiple areas. 174 This can result in a work — orce o — lawyers who are well-versed in speci — ic areas but ill-equipped to handle integrated IP challenges.175 The — ragmented approach in Latin American universities mirrors that o — the American system, where IP is o — ten taught as discrete subjects rather than as parts o — a uni — ied whole. 176 This can lead to several issues: 2.3.1. Limited Understanding Students may gain in-depth knowledge o — individual IP domains but lack a comprehensive understanding o — how these areas interact and support each other. 177 This limited perspective can hinder their ability to provide holistic legal advice and create e —
ective IP strategies. 178 Example: A graduate who has specialized in patent law might not understand the nuances o — trademark law, leading to di —
iculties in advising a tech startup on branding
172
VentureWell, How to Strengthen IP Education in University Ecosystems, VentureWell (Apr. 28, 2020), https://venturewell.org/blog/ip-education-university-ecosystems/.
173
Id.
174
Joselin Padron-Rasines & Sophie L. Ferrer, The Root Causes o --- Fragmentation in Public Education, Coherence Hub, https://coherencehub.org/the-root-causes-o --- - --- ragmentation-in-public-education/.
175
Id.
176
Carla Madalena Santos et al., Interdisciplinarity in Education: Overcoming Fragmentation in the Teaching-Learning Process, 10 Int'l Educ. Stud. 71 (2017), https://doi.org/10.5539/ies.v10n10p71.
177
Id. at 127.
178
Id.
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issues related to patented products. This lack o
integration can result in missed opportunities to leverage IP assets — ully and protect the brand e —
ectively. 2.3.2. Bias Toward Speci — ic Areas There is o — ten a heavier — ocus on certain areas like patents, especially in tech-driven economies, which can overshadow the importance o — other IP domains like trade secrets or copyrights.179 This bias can skew the skill set o — IP pro — essionals and limit their e —
ectiveness in diverse industries.180 Example: A lawyer who has primarily studied patents may not appreciate the value o — trade secrets in protecting business methods or proprietary algorithms, leading to inadequate advice — or companies that rely heavily on maintaining con — identiality rather than public disclosure. 2.3.3. Inability to Make In — ormed Strategic Decisions The decision o — whether to patent an innovation or maintain it as a trade secret requires an understanding o — both domains. 181 Without a comprehensive education in all IP areas, pro — essionals may struggle to make in — ormed strategic decisions. 182 Example: Companies like Google use both patents and trade secrets to protect their search algorithms, balancing public disclosure with con — identiality to maximize competitive advantage. A graduate who lacks knowledge o — trade secret law might de — ault to patenting everything, inadvertently exposing sensitive in — ormation that would be better protected as a trade secret.
179
U.S. Chamber o --- Commerce, Intellectual Property: A Primer --- or Businesses, U.S. Chamber o ---
Commerce (Sept. 15, 2021), https://www.uschamber.com/intellectual-property/intellectual-property- businesses-guide. 180 Id. 181 Shabbi S. Khan, Nikhil T. Pradhan & Robert C. Okonowski, Patent vs. Trade Secret Strategy: A Four Factor Decision Framework, IPWatchdog (Feb. 18, 2022), https://ipwatchdog.com/2022/02/18/patent- vs-trade-secret-strategy- — our- — actor-decision- — ramework/id=146120/. 182 Nerac, Inc., Understanding Intellectual Property Management: A Beginner’s Guide, https://www.nerac.com/understanding-intellectual-property-management-a-beginners-guide/.
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2.3.4. Fragmented Skill Set
A --- ragmented education can lead to a --- ragmented skill set, where IP pro --- essionals are pro --- icient in speci --- ic tasks but lack the versatility to handle complex, multi- --- aceted IP issues.183 This can reduce their employability and e ---
ectiveness in dynamic industries. 184 Example: In so — tware development, coders need to understand both copyright law to protect their code and trade secret law to sa — eguard proprietary algorithms and methods. A pro — essional who is only — amiliar with copyright law might — ail to implement adequate trade secret protections, risking the exposure o — valuable proprietary in — ormation. 2.3.5. Poor Collaboration and Integration The lack o — a uni — ied approach to IP education can hinder collaboration and integration within IP teams and across departments.185 Pro — essionals trained in isolated domains may — ind it challenging to work together e —
ectively on comprehensive IP strategies.186 Example: An IP team at a pharmaceutical company may struggle to integrate patent and trademark strategies i — team members are only trained in their respective domains. This disjointed approach can lead to ine —
iciencies and suboptimal IP protection — or new drug developments. 2.3.6. Reduced Adaptability A — ragmented approach to IP education can reduce the adaptability o — IP pro — essionals to new and evolving IP challenges.187 As the IP landscape changes, pro — essionals with a narrow — ocus may — ind it di —
icult to pivot and address emerging issues e —
ectively.188
183
Joselin Padron-Rasines & Sophie L. Ferrer, The Root Causes o --- Fragmentation in Public Education, Coherence Hub, https://coherencehub.org/the-root-causes-o --- - --- ragmentation-in-public-education/.
184
How uneven educational outcomes begin, and persist, in the US, USAFacts (Mar. 23, 2023), https://usa --- acts.org/articles/educational-attainment-outcome-gaps/.
185
Veronica Peicu, Integrated Approach - Challenges in Pedagogical Design o --- Learning, in Education Facing Contemporary World Issues, vol. 67, European Proceedings o --- Social and Behavioural Sciences 1029, 1029-37 (E. Soare & C. Langa eds., 2019), https://doi.org/10.15405/epsbs.2019.08.03.125.
186
MacLeod, M. (2018). What makes interdisciplinarity di ---
icult? Some consequences o — domain speci — icity in interdisciplinary practice, 712. Synthese, 195, 697–720. https://doi.org/10.1007/s11229-016- 1236-4 187 Carla Madalena Santos et al., Interdisciplinarity in Education: Overcoming Fragmentation in the Teaching-Learning Process, 10 Int’l Educ. Stud. 71 (2017), https://doi.org/10.5539/ies.v10n10p71. 188 Id.
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Example: With the rise o --- digital content and the increasing importance o --- digital rights management, a lawyer --- ocused solely on traditional copyright law may not be equipped to handle the complexities o --- online content protection and en --- orcement, limiting their ability to serve clients in the digital media industry.
2.3.7. Inadequate Preparation --- or Multinational IP Issues
IP issues o --- ten span multiple jurisdictions, requiring a comprehensive understanding o --- international IP laws and treaties.189 A --- ragmented education may leave pro --- essionals unprepared to navigate these complexities. 190
Example: A lawyer advising a multinational corporation on IP matters needs to understand how patents, trademarks, and copyrights interact under di ---
erent legal systems. A pro — essional with a — ragmented education might not be able to provide cohesive advice that considers the global IP landscape. 2.3.8. Fragmented IP Education in an Interconnected World In conclusion, the — ragmented approach to IP education poses several signi — icant problems, including limited understanding, bias towards speci — ic areas, inability to make in — ormed strategic decisions, — ragmented skill sets, poor collaboration, reduced adaptability, and inadequate preparation — or multinational IP issues.191 Addressing these issues requires a concerted e —
ort to develop and implement integrated IP curricula that re — lect the interconnected nature o — IP in practice, ensuring that students are well-prepared to navigate the complexities o — the IP landscape in their pro — essional careers. 192
- Incremental Steps Toward a Systems Approach to IP Education Moving towards a uni — ied approach to IP education involves integrating the teaching o — di —
erent IP domains to re — lect their interconnected nature in practice. 193 While making a — ull shi — t to a systems approach would represent a radical change, incorporating
189
Navigating International IP Litigation Challenges: Key Issues and Solutions, IP Law Mastery (Apr. 14, 2024), https://iplawmastery.com/international-ip-litigation-challenges/.
190
Santos et al., Interdisciplinarity in Education, 10 Int'l Educ. Stud. 71 (2017).
191
Id.
192
Pratyush Nath Upreti, The Changing Nature o --- International Intellectual Property, 19 J. Intell. Prop. L. & Prac. 201 (2024), https://doi.org/10.1093/jiplp/jpad093.
193
William W. Fisher III & Felix Oberholzer-Gee, Strategic Management o --- Intellectual Property: An Integrated Approach, 55 Cal. Mgmt. Rev. 157, 158-59, 173 (2013), available at https://www.hbs.edu/ris/Publication%20Files/CMR5504_10_Fisher_III_7bb --- 941 --- - --- e1b-4069-a609- 9c6cd9a8783b.pd --- .
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aspects o
the systems approach incrementally can still provide signi — icant bene — its. 194 This section will o —
er strategies and suggestions — or integrating these aspects into existing programs, thereby addressing both the initial barriers (outlined in section 2.2) and the ongoing challenges (detailed in section 1.1.2). The next section will explore the dimension o — radical change. 3.1. Strategies — or Overcoming Initial Barriers 3.1.1. Curriculum Redesign and Integration Developing an integrated curriculum that encompasses all IP domains—patents, trademarks, copyrights, and trade secrets—is essential — or a systems approach. 195 This process involves creating a cohesive program that highlights the interconnections between these areas.196 Begin by — orming a committee o —
aculty members — rom various disciplines to collaborate on curriculum design. 197 Use an iterative process o — curriculum development, pilot testing, and re — inement based on — eedback — rom both students and educators. Incorporate case studies and practical examples that illustrate how di —
erent IP domains interact in real-world scenarios.198 For instance, the European Union Intellectual Property O —
ice (EUIPO) has success — ully integrated IP education across member states by collaborating with national education systems to include IP modules in their curricula. This approach re — lects the systems approach advocated here, demonstrating how collaborative e —
orts can harmonize IP education to better re — lect the interconnected nature o — the subject. 199 Harvard Law School could start by introducing a new course that speci — ically addresses the interplay between di —
erent IP domains, using existing resources and — aculty.
194
UNESCO, The Turning Point: Why We Must Trans --- orm Education Now, UNESCO (June 27, 2022), https://www.unesco.org/en/articles/turning-point-why-we-must-trans --- orm-education-now.
195
Kathy Lake, Integrated Curriculum, School Improvement Research Series (May 1994), https:// --- iles.eric.ed.gov/ --- ulltext/ED370205.pd --- .
196
Systems Theory in Evaluation: Understanding Complex Social Systems, EvalCommunity, https://www.evalcommunity.com/career-center/systems-theory/.
197
Id.
198
Id.
199
EUIPO, IP in education, https://www.euipo.europa.eu/en/observatory/awareness/ideas- powered/ip-in-education.
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The University o --- Toronto could integrate modules on IP management into business courses, demonstrating the practical applications o --- IP laws in di ---
erent business contexts.
Stan --- ord Law School might develop a capstone project --- or --- inal-year students that requires them to apply knowledge --- rom patents, trademarks, and copyrights to solve complex legal issues.
3.1.2. Faculty Development and Training
Investing in --- aculty development programs that encourage interdisciplinary teaching and collaboration is crucial. 200 Faculty members need to be equipped with the knowledge and skills to teach a systems-based approach to IP.201 Organize regular workshops, seminars, and training sessions that bring together experts --- rom di ---
erent — ields. 202 Encourage — aculty to participate in interdisciplinary research and collaborative teaching projects.203 Providing — aculty with opportunities — or pro — essional development can enhance their ability to deliver an integrated curriculum e —
ectively. 204 UC Berkeley could organize annual interdisciplinary — aculty retreats to — oster collaboration and share teaching methods — or integrating various IP domains.
The University o --- Sao Paulo could provide grants --- or --- aculty to attend international con --- erences on IP education, --- ostering global perspectives and collaborative opportunities.
At the University o --- Buenos Aires, --- aculty exchange programs with institutions that have success --- ully implemented a systems approach could be established, allowing --- aculty to learn and bring back best practices.
200
Tina Gryson et al., Enhancing Teachers’ Interdisciplinary Pro --- essional Development Through Teacher Design Teams: Exploring Facilitating Conditions and Sustainability, 14 Educ. Sci. 425 (2024), https://doi.org/10.3390/educsci14040425.
201
Margaret Rauschenberger, Competency-Based Education and Assessment Model: Teaching, Learning, Assessment, and Feedback, Presentation at the AACN 2021 Faculty Development Con --- erence (2021), available at https://www.aacnnursing.org/Portals/42/AcademicNursing/pd --- /Essentials-2021.pd --- .
202
Amy A. Germuth, Pro --- essional Development that Changes Teaching and Improves Learning, 2 J. Interdisciplinary Teacher Leadership 77 (2018), https://doi.org/10.46767/k --- p.2016-0025.
203
Id.
204
Id.
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3.1.3. Resource Allocation and Funding
Securing --- unding and allocating resources to support the development and implementation o --- a systems-based IP curriculum is essential. 205 This may involve seeking grants, --- orming industry partnerships, and leveraging alumni donations. 206 Create a detailed budget plan that outlines the --- inancial requirements --- or curriculum development, --- aculty training, and resource acquisition. 207 Present this plan to potential sponsors and stakeholders, highlighting the long-term bene --- its o --- a systems approach to IP education. 208
The University o --- Sao Paulo could partner with local tech companies to --- und a series o --- workshops that explore the intersections o --- various IP domains.
Santa Clara University might seek grants --- rom organizations like the World Intellectual Property Organization (WIPO) to support speci --- ic incremental changes, such as developing interdisciplinary case studies.
The University o --- Nairobi could leverage alumni networks to raise --- unds --- or creating new interdisciplinary course materials that re --- lect a systems approach.
3.1.4. Curriculum Piloting and Feedback
Piloting the integrated curriculum in selected courses or programs allows --- or the collection o --- valuable --- eedback --- rom students and --- aculty, which can be used to re --- ine and improve the approach.209 Start with a small-scale implementation, assess the outcomes, and
205
Jason Willis, Kelsey Krausen, Ruthie Caparas, & Tia Taylor, Resource Allocation Strategies to Support the Four Domains --- or Rapid School Improvement, The Center on School Turnaround at WestEd (2019), https:// --- iles.eric.ed.gov/ --- ulltext/ED602981.pd --- .
206
Vaave Team, Trans --- ormative Strategies: Integrating Alumni Engagement in Institutional Development Plans --- or HEIs, Vaave Blog (Mar. 17, 2024), https://www.vaave.com/blog/alumni-engagement- in-idp- --- or-heis/.
207
Carol MacLeod & Jason P. Demerath, Rethinking School Budgets: Aligning Your Budget to the Strategic Plan, Presentation at the Wisconsin Association o --- School Business O ---
icials Spring Con — erence (May 11, 2023), available at https://wasbo.com/images/wasbo/documents/6/SC2023/SC2023_BudgetingBestPractices.pd — . 208 Id. 209 EdReports, Lessons — rom the Field: Best Practices — or Piloting Curriculum, EdReports (Sept. 2021), https://cdn.edreports.org/media/2021/09/Pilot_Recommendations-v1.pd — .
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Oranburg A Systems Approach
make necessary adjustments be
ore expanding the program. 210 Encourage an open — eedback culture where participants — eel com — ortable sharing their experiences and suggestions. 211 The University o — Toronto could launch a pilot program within its law school, o —
ering a single systems-based IP course and using student — eedback to make iterative improvements.
At the University o --- Cape Town, a pilot interdisciplinary course could be developed, bringing together students --- rom law, business, and engineering to work on IP-related projects, with adjustments made based on participant --- eedback.
The National University o --- Singapore could pilot a blended learning approach, combining online and in-person modules to provide --- lexibility and gather diverse --- eedback.
3.1.5. Institutional Support and Policy Changes
Garnering support --- rom university administration and policymakers is vital --- or institutionalizing the systems approach within the academic --- ramework. 212 Advocate --- or policy changes that promote interdisciplinary education and collaboration. 213 Highlight the bene --- its o --- a systems approach, such as improved student outcomes and enhanced employability, to gain administrative backing. 214 Work with decision-makers to incorporate interdisciplinary courses into the core curriculum and establish --- ormal support structures
or integrated education.215 Stan — ord Law School could work with its administration to integrate a — ew interdisciplinary IP courses into the core curriculum as electives initially, gradually expanding based on success and — eedback.
210
Id.
211
Id.
212
Hanover Research, Guide to Piloting a New Curriculum Model or Program, Connecticut Department o --- Education, 2023, https://portal.ct.gov/-/media/sde/academic-o ---
ice/clrrs/guide-to-piloting-new- curriculum-model-or-program.pd — . 213 Id. 214 Id. 215 Id.
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Oranburg A Systems Approach
At the University o --- Buenos Aires, --- aculty could present a proposal to the university senate, advocating --- or the adoption o --- a systems approach in select IP courses to demonstrate its bene --- its.
The University o --- Tokyo could establish an interdisciplinary committee to oversee the implementation o --- incremental changes towards a systems-based IP program, ensuring continuous improvement.
3.2. Strategies --- or Overcoming Ongoing Challenges
3.2.1. Continuous Curriculum Evaluation and Improvement
Establishing mechanisms --- or the continuous evaluation and improvement o --- the IP curriculum ensures that it remains relevant and e ---
ective. 216 Create a review committee responsible — or regularly assessing the curriculum, incorporating — eedback — rom industry partners, — aculty, and students.217 Use per — ormance metrics and outcomes data to guide revisions and updates.218 Encourage a culture o — continuous improvement where changes are made proactively in response to emerging trends and needs. 219 The University o — Buenos Aires could — orm a review committee that regularly assesses the IP curriculum, incorporating — eedback — rom industry partners and adapting to technological advancements.
Harvard Law School might conduct annual surveys o --- alumni working in the IP
ield to gather insights on curriculum e —
ectiveness and areas — or improvement.
The University o --- Sao Paulo could hold bi-annual curriculum review meetings with input --- rom industry experts to ensure alignment with current pro --- essional standards.
216
Education Development Center, Building a Culture o --- Continuous Improvement Guidebook 14-17 (2019).
217
Id.
218
Id.
219
Id.
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Oranburg A Systems Approach
3.2.2. Interdisciplinary Research and Collaboration
Fostering a culture o --- interdisciplinary research and collaboration among --- aculty and students can lead to innovative solutions and a deeper understanding o --- IP issues. 220 Encourage joint research projects, publications, and grant applications that involve multiple disciplines.221 Create interdisciplinary research centers or institutes --- ocused on IP studies. 222
Promote collaborative teaching methods, such as team-teaching courses that involve
aculty — rom di —
erent departments. 223 The World Intellectual Property Organization (WIPO) provides a relevant example by o —
ering training programs that incorporate an interdisciplinary — ramework similar to the systems approach advocated in this paper. WIPO’s programs combine legal, technological, and business perspectives, showing the value o — a more holistic curriculum — or pro — essionals and students alike. 224 The National University o — Singapore could create research grants speci — ically — or interdisciplinary IP projects, encouraging collaboration between law, engineering, and business — aculties.
The University o --- Nairobi might establish an interdisciplinary research center
ocused on IP law and innovation, attracting scholars — rom various — ields to collaborate.
UC Berkeley could promote team-teaching initiatives where --- aculty --- rom law, technology, and business jointly develop and deliver IP courses.
220
Liza Lorenzetti et al., Fostering Learning and Reciprocity in Interdisciplinary Research, 53 Small Group Research 755, 755-777 (2022), https://doi.org/10.1177/10464964221089836.
221
Research Collaborations Bring Big Rewards: The World Needs More, Nature, June 16, 2021, https://www.nature.com/articles/d41586-021-01581-z.
222
Id.
223
Lorenzetti et al., Fostering Learning and Reciprocity in Interdisciplinary Research, 53 Small Group Res. 755, 755 (2022).
224
World Intellectual Property Organization (WIPO), Pro --- essional Development Program, available at https://www.wipo.int/academy/en/courses/pro --- essional_training/.
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3.2.3. Use o --- Technological Tools and Plat --- orms
Leveraging technological tools and plat --- orms --- acilitates integrated learning and collaboration among students and --- aculty. 225 Implement online learning management systems (LMS) that support interdisciplinary coursework and virtual collaboration. 226 Utilize digital resources such as webinars, online databases, and simulation so --- tware to enhance learning.227 Encourage the use o --- collaborative plat --- orms like wikis and discussion
orums to — oster interaction among students — rom di —
erent disciplines.228 The University o — Tokyo could implement an online plat — orm that supports collaborative projects, allowing students — rom di —
erent disciplines to work together on IP- related case studies.
Stan --- ord Law School might use virtual reality simulations to provide immersive experiences in IP litigation and negotiation.
The University o --- Nairobi could adopt a comprehensive LMS that integrates various IP courses and --- acilitates online collaboration among students and --- aculty.
3.2.4. Engagement with Industry and Pro --- essional Bodies
Engaging with industry pro --- essionals and IP organizations provides real-world perspectives and ensures that the curriculum meets current and --- uture industry needs. 229 Establish advisory boards with members --- rom leading IP law --- irms, tech companies, and governmental IP o ---
ices. 230 Invite industry experts to guest lecture, mentor students, and
225
Reyaz Ahmad Bhat, The Impact o --- Technology Integration on Student Learning Outcomes: A Comparative Study, 2 Int'l J. Soc. Sci. Educ. Econ. Agric. Res. & Tech. 592, 592-596 (2023), https://doi.org/10.54443/ijset.v2i9.218.
226
Oyarzun, Beth, and Florence Martin. "A Systematic Review o --- Research on Online Learner Collaboration --- rom 2012–21: Collaboration Technologies, Design, Facilitation, and Outcomes." Online Learning 27, no. 1 (2023): 71–106. https://doi.org/10.24059/olj.v27i1.3407.
227
Id.
228
Id.
229
Evanick, Joseph. "From One-Size-Fits-All to Tailored Online Education: The Advantages o ---
Personalized Learning.” eLearning Industry, March 29, 2023. https://elearningindustry.com/
rom-one-size-
its-all-to-tailored-online-education-the-advantages-o — -personalized-learning. 230 Id.
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Oranburg A Systems Approach
participate in curriculum development. 231 Facilitate internships, co-op programs, and externships that provide students with hands-on experience in the — ield. 232 The University o — Cape Town could establish advisory boards with members — rom leading IP law — irms, tech companies, and governmental IP o —
ices to guide curriculum development.
Santa Clara University might invite industry experts to guest lecture, mentor students, and participate in curriculum development.
UC Berkeley could --- acilitate internships and externships with prominent IP --- irms and corporations, providing students with practical experience and industry insights.
3.2.5. Student Support and Mentoring Programs
Developing support systems and mentoring programs helps students navigate the complexities o --- a systems-based IP education.233 Establish mentorship programs that pair students with industry pro --- essionals and alumni. 234 Provide academic advising and career counseling tailored to the interdisciplinary nature o --- the IP curriculum. 235 Create peer support networks and study groups that encourage collaboration and knowledge sharing. 236
Santa Clara University could create a mentorship program where students are paired with industry pro --- essionals who provide guidance and support throughout their studies.
The University o --- Buenos Aires might o ---
er specialized career counseling services
or students pursuing interdisciplinary IP careers.
231
Id.
232
Id.
233
Barron, Rachael. "5 Examples o --- Success --- ul Academic Support." E ---
ective Students, July 16,
-
https://e
ectivestudents.com/5-examples-o — -success — ul-academic-support/. 234 “School Checklist — or Developing and Launching a Success Mentors Program.” MENTOR: The National Mentoring Partnership, https://www.mentoring.org/resource/school-checklist-success-mentors/. 235 Career Leadership Collective. (2022). Integrating Career Advising — or Equitable Student Success Toolkit (Rev. ed.). American Association o — State Colleges and Universities (AASCU). https://www.aascu.org/AIT/Publications/ 236 Center — or Teaching Innovation, Collaborative Learning, Cornell Univ., https://teaching.cornell.edu/teaching-resources/active-collaborative-learning/collaborative-learning.
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The National University o --- Singapore could establish peer support networks and study groups that encourage collaboration and knowledge sharing among students.
3.2.6. Global Partnerships and Exchange Programs
Forming global partnerships and exchange programs exposes students to diverse perspectives and practices in IP law. 237 Establish exchange agreements with universities worldwide, allowing students to study IP law in di ---
erent legal and cultural contexts. 238 Promote international research collaborations and joint degree programs. 239 Encourage students to participate in international con — erences, competitions, and internships. 240 The University o — Strasbourg could partner with universities worldwide to o —
er exchange programs, allowing students to study IP law in di —
erent legal and cultural contexts.
Harvard Law School might establish joint degree programs with international institutions, o ---
ering students a global perspective on IP law.
The University o --- Sao Paulo could encourage students to participate in international IP moot court competitions and con --- erences.
3.2.7. Promotion o --- Li --- elong Learning and Pro --- essional Development
Encouraging li --- elong learning and providing opportunities --- or pro --- essional development keeps alumni updated on the latest IP trends and practices. 241 O ---
er continuing education courses, online seminars, and workshops on emerging IP issues. 242 Create alumni
237
Ayusa, Why Participate? The 14 Scienti --- ic Bene --- its o --- Student Cultural Exchange, https://ayusa.org/experiences/14-scienti --- ic-bene --- its-student-cultural-exchange.
238
Bill Townsend, A Guide to International Student Exchange Programs, College Rover (Dec. 15, 2023), https://www.collegerover.com/guide-to-international-student-exchange-programs.
239
Id.
240
Id.
241
Dishan Kamdar, Li --- elong Learning: Education --- or Continuous Personal and Pro --- essional Development, Higher Education Review (2024), https://www.thehighereducationreview.com/.
242
Id.
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networks and pro
essional associations that — acilitate ongoing learning and collaboration. 243 Provide access to updated digital resources, databases, and industry publications. 244 The University o — Nairobi could o —
er continuing education courses and online seminars — or graduates, helping them stay current with evolving IP laws and technologies.
UC Berkeley might create an alumni network that provides access to pro --- essional development resources and --- acilitates knowledge sharing.
The University o --- Tokyo could host annual IP con --- erences and workshops that bring together alumni, industry pro --- essionals, and scholars to discuss the latest trends and developments.
By addressing both the initial and ongoing challenges through incremental steps, universities and law schools can success --- ully transition to a systems approach in IP education. This shi --- t will better prepare students to navigate the complexities o --- IP law,
ostering innovation and economic growth in our interconnected world.
-
Radical Steps Toward a Systems Approach to IP Education While incremental steps can gradually integrate a systems approach into existing IP education programs, some institutions have chosen to make radical changes to achieve a comprehensive and holistic IP education — ramework. A prime example o — such innovation is the University o — New Hampshire Franklin Pierce School o — Law (UNH Franklin Pierce), which developed the only JD program speci — ically — ocused on IP. This chapter explores the history and development o — UNH Franklin Pierce, particularly its groundbreaking Hybrid JD program in IP, and illustrates how it overcame various challenges to create a model o — a systems approach to IP education. By examining the strategies and outcomes o — UNH Franklin Pierce, other institutions can — ind inspiration and practical guidance — or making similar trans — ormative changes.
243 Jono Kup --- erberg, A Complete Guide to Alumni Engagement: Strategies, Implementation and Best Practices, HubDialer Blog (Sept. 8, 2023), https://www.hubdialer.com/blog/alumni-engagement-strategy- guide. 244 Id. 45Oranburg A Systems Approach
4.1. Case Study: Franklin Pierce Law Center The Franklin Pierce Law Center was — ounded in 1973 by Robert H. Rines and Frank DiPietro with a distinct — ocus on IP law, setting the school apart — rom other law schools that typically o —
ered more general legal education. The — ounders recognized the growing importance o — IP in — ostering innovation and economic growth. They aimed to create a specialized institution to develop — uture leaders in IP law. The law center quickly gained a reputation — or its expertise and comprehensive programs in IP law, attracting students and pro — essionals — rom around the globe. In 2010, Franklin Pierce Law Center merged with the University o — New Hampshire, becoming the UNH Franklin Pierce School o — Law. This merger provided the
inancial stability and expanded resources necessary to continue its pioneering work in IP education. Despite its strong reputation, the school — aced several existential crises, including — inancial challenges and pressure to remain relevant in a rapidly changing legal and technological landscape. These challenges motivated the school to undertake radical steps toward change, embracing innovative approaches to legal education, including the creation o — its Hybrid JD program. Unlike other institutions that rely on external pro — essionals — or student engagement, such as Harvard Law School inviting private sector experts to interact with students, Franklin Pierce’s Hybrid JD program goes — urther by deeply embedding interdisciplinary perspectives into the curriculum itsel — . This systems-based approach ensures that students receive an education aligned with real-world IP challenges, positioning the program as a leader in holistic IP education. The Hybrid JD program uniquely integrates intellectual property, technology, and in — ormation law with a — lexible, part-time schedule. It allows students to participate remotely while accessing IP law experts through classes, as well as intensive on-campus clinics and immersion sessions in person. The blend o — synchronous and asynchronous learning ensures accessibility — or working pro — essionals, while its specialized — ocus on IP law makes it an attractive option. Further, students can participate in conventional law student opportunities like moot court and law review. This innovative structure enables students to network with seasoned pro — essors and peers, o —
ering a model — or institutions to
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meet modern demands by balancing academic rigor,
lexibility, and practical application with traditional education. 4.2. Overcoming Initial Barriers To transition to a systems approach in IP education, UNH Franklin Pierce had to overcome several initial barriers. The — ollowing sections outline the strategies, implementations, and outcomes o — these e —
orts. 4.2.1. Curriculum Redesign and Integration Strategy: UNH Franklin Pierce developed an integrated curriculum that encompasses all major IP domains, including patents, trademarks, copyrights, and trade secrets. This comprehensive approach was designed to ensure students gain a holistic understanding o — IP law. Implementation: The curriculum includes a — oundational course called “Fundamentals o — IP” (FunIP), which provides an overview o — all IP subjects and their interconnections. Additionally, students are required to take specialized courses in each IP domain and participate in hands-on clinics and moot courts. Outcome: This integrated curriculum addresses the — ragmented nature o — traditional IP education by providing a uni — ied — ramework that prepares students — or the complexities o — IP practice in the real world. 4.2.2. Faculty Development and Training Strategy: To support this integrated approach, UNH Franklin Pierce invested in recruiting and training — aculty with interdisciplinary expertise in IP law and related — ields. Implementation: The — aculty includes world-renowned IP experts and practitioners who bring diverse perspectives and practical experience to the classroom. Faculty development programs and interdisciplinary research initiatives — urther enhance their teaching capabilities. Outcome: The diverse and highly quali — ied — aculty ensure that students receive a well-rounded education that bridges theoretical knowledge and practical application. 4.2.3. Resource Allocation and Funding Strategy: UNH Franklin Pierce secured — unding and resources to support the development o — its specialized IP programs, including the Hybrid JD.
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Implementation: The school leveraged industry partnerships, alumni networks, and grants to --- und program development, --- aculty recruitment, and student support services.
Outcome: Adequate --- unding and resources have enabled the school to maintain high standards o --- education and expand its reach to a global student body.
4.2.4. Curriculum Piloting and Feedback
Strategy: Be --- ore --- ully implementing the Hybrid JD program, UNH Franklin Pierce conducted pilot programs to test and re --- ine the curriculum.
Implementation: Pilot courses and --- eedback --- rom students and --- aculty were used to iteratively improve the program, ensuring it met the needs o --- both learners and the evolving IP landscape.
Outcome: Continuous re --- inement based on real-world --- eedback has resulted in a robust and e ---
ective Hybrid JD program that meets the highest standards o — legal education. 4.2.5. Institutional Support and Policy Changes Strategy: Achieving radical change required strong institutional support and policy adjustments to — acilitate the new approach. Implementation: UNH Franklin Pierce garnered support — rom university administration and aligned its policies to promote interdisciplinary education and innovation in IP law. Outcome: Institutional backing has been crucial in sustaining the program and ensuring its alignment with the broader goals o — the university. 4.3. Overcoming Ongoing Challenges Implementing a systems approach in IP education involves ongoing e —
orts to address various challenges. The — ollowing sections describe how UNH Franklin Pierce continues to navigate these challenges through speci — ic strategies. 4.3.1. Continuous Curriculum Evaluation and Improvement Strategy: Establishing mechanisms — or the continuous evaluation and improvement o — the IP curriculum ensures that it remains relevant and e —
ective. Implementation: A dedicated review committee regularly assesses the curriculum, incorporating — eedback — rom industry partners, — aculty, and students. Per — ormance metrics and outcomes data guide revisions and updates.
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Oranburg A Systems Approach
Outcome: Continuous curriculum improvement maintains the program’s relevance and e ---
ectiveness, adapting to technological advancements and industry needs. 4.3.2. Interdisciplinary Research and Collaboration Strategy: Fostering a culture o — interdisciplinary research and collaboration among
aculty and students can lead to innovative solutions and a deeper understanding o — IP issues. Implementation: UNH Franklin Pierce encourages joint research projects, publications, and grant applications that involve multiple disciplines. The creation o —
interdisciplinary research centers or institutes
ocused on IP studies — urther supports this strategy. Outcome: Interdisciplinary research and collaboration enhance the educational experience and contribute to innovative IP solutions. 4.3.3. Use o — Technological Tools and Plat — orms Strategy: Leveraging technological tools and plat — orms — acilitates integrated learning and collaboration among students and — aculty. Implementation: Online learning management systems (LMS) support interdisciplinary coursework and virtual collaboration. Digital resources such as webinars, online databases, and simulation so — tware enhance learning. Outcome: Technological tools and plat — orms enable — lexible and interactive learning experiences, supporting the systems approach to IP education. 4.3.4. Engagement with Industry and Pro — essional Bodies Strategy: Engaging with industry pro — essionals and IP organizations provides real- world perspectives and ensures that the curriculum meets current and — uture industry needs. Implementation: UNH Franklin Pierce establishes advisory boards with members
rom leading IP law — irms, tech companies, and governmental IP o —
ices. Industry experts are invited to guest lecture, mentor students, and participate in curriculum development. Outcome: Industry engagement enriches the curriculum and provides students with practical insights and networking opportunities. 4.3.5. Student Support and Mentoring Programs Strategy: Developing support systems and mentoring programs helps students navigate the complexities o — a systems-based IP education.
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Oranburg A Systems Approach
Implementation: Mentorship programs pair students with industry pro --- essionals and alumni. Academic advising and career counseling are tailored to the interdisciplinary nature o --- the IP curriculum. Peer support networks and study groups encourage collaboration and knowledge sharing.
Outcome: Robust support and mentoring programs enhance student success and well-being, --- ostering a collaborative learning environment.
4.3.6. Global Partnerships and Exchange Programs
Strategy: Forming global partnerships and exchange programs exposes students to diverse perspectives and practices in IP law.
Implementation: Exchange agreements with universities worldwide allow students to study IP law in di ---
erent legal and cultural contexts. International research collaborations and joint degree programs are promoted. Students are encouraged to participate in international con — erences, competitions, and internships. Outcome: Global partnerships and exchange programs broaden students’ perspectives and enhance their understanding o — IP law in a global context. 4.3.7. Promotion o — Li — elong Learning and Pro — essional Development Strategy: Encouraging li — elong learning and providing opportunities — or pro — essional development keeps alumni updated on the latest IP trends and practices. Implementation: Continuing education courses, online seminars, and workshops on emerging IP issues are o —
ered. Alumni networks and pro — essional associations — acilitate ongoing learning and collaboration. Access to updated digital resources, databases, and industry publications is provided. Outcome: Li — elong learning and pro — essional development initiatives ensure that alumni remain current and competitive in the IP — ield. 4.4. Radical Change in IP Education The case o — UNH Franklin Pierce demonstrates that radical changes in legal education are not only possible but can lead to highly e —
ective and innovative programs. By overcoming traditional challenges and embracing a systems approach, the school has set a new standard — or IP education. This model provides valuable insights and practical strategies — or other institutions seeking to implement trans — ormative changes in their own programs. While not all schools can — ollow UNH Franklin Pierce’s model exactly, given its
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Oranburg A Systems Approach
unique establishment as an institution
ocused on IP, this case study shows that radical change is achievable and o —
ers a blueprint — or how it can be done. By — ollowing the example o — UNH Franklin Pierce, law schools can develop integrated, comprehensive, and accessible IP education programs that prepare students — or the complexities o — the modern legal landscape.
- Conclusion In conclusion, transitioning — rom a — ragmented approach to a systems approach in IP education is crucial — or e —
ectively preparing students to navigate the complexities o — IP law in our interconnected world. The — ragmented approach prevalent in many universities and law schools worldwide limits students’ understanding and ability to manage integrated IP challenges, which are increasingly common in pro — essional practice. A systems approach to IP education o —
ers several pedagogical advantages over the traditional — ragmented model. By teaching IP as a uni — ied system, students gain a holistic understanding o — how di —
erent IP domains—patents, trademarks, copyrights, and trade secrets—interact and complement each other. This comprehensive perspective — osters a deeper understanding o — IP issues, enabling students to develop more innovative and e —
ective solutions to complex legal problems. Furthermore, a systems approach encourages interdisciplinary collaboration and research, which are essential — or addressing the multi — aceted nature o — modern IP challenges. Integrating technology, business, and law into IP education equips students with a broader skill set, making them more adaptable and better prepared — or the evolving demands o — the IP landscape. This approach also promotes critical thinking and problem- solving skills, as students learn to consider the broader implications o — IP law and policy. The University o — New Hampshire Franklin Pierce School o — Law’s Hybrid JD program serves as a model o — how a systems approach can be e —
ectively implemented. This program integrates all major IP domains into a cohesive curriculum, providing students with a comprehensive education that prepares them — or real-world IP practice. The success o — the Hybrid JD program demonstrates that a systems approach can lead to better pedagogical outcomes, producing graduates who are well-equipped to handle the complexities o — IP law.
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While not all institutions can replicate the exact model o --- UNH Franklin Pierce, this case study illustrates that radical change is possible and provides a blueprint --- or other law schools to develop integrated, comprehensive, and accessible IP education programs. By embracing a systems approach, law schools can ensure that their students are well-prepared to address the interconnected nature o --- IP issues, ultimately contributing to innovation, economic growth, and the e ---
ective management o — intellectual assets in our interconnected world. Educators and administrators should consider both incremental and radical approaches to re — orm IP education. By — ostering a systems approach, they can create a more dynamic and e —
ective learning environment that prepares students — or the challenges and opportunities o — the modern IP landscape. This shi — t will not only enhance the quality o — IP education but also support the broader goal o —
ostering innovation and economic development in an increasingly interconnected global economy.
- Bibliography
Author’s Biography Seth C. Oranburg (born Boca Raton, Florida, USA 1983) is a Pro — essor o — Law at UNH Franklin Pierce School o — Law. He earned his B.A., magna cum laude, — rom the University o — Florida in 2006 and his J.D., with honors, — rom the University o — Chicago Law School in
-
Oranburg specializes in the intersection o
law, technology, and innovation. His published books include A HISTORY OF FINANCIAL TECHNOLOGY: FROM AMERICAN INCORPORATION TO CROWDFUNDING (2022) and CONTRACT LAW: RULES, CASES, AND PROBLEMS (2023).
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