This meant that the real educators in the field of IP were the companies offering, for lack of a better term, “on the job training.” Academia having failed to keep pace with the accelerated evolution of IP law, this training was essential to supplement the limited amount of IP education. Also stepping into the void were the Patent, Trademark and Copyright Offices of the federal government, which established training facilities in regional locations to educate staff. Over the years, trained staff members would leave to join law firms or IP-related companies, which means that the government directly contributed IP experts and expertise to the private sector.
This somewhat undeveloped approach to IP education may have been enough at one time, but the growing use and value of IP, and the importance it has attained globally, have resulted in the need for better-trained IP professionals – and many more of them, as well. At the same time, IP as a term has crept into the lexicon of the college generation(s) as a result of the downloading of music and movies over the Internet. Not only will a new, revivified approach to IP education create the next generations of media- and web-savvy attorneys and IP professionals, it will also go a long way in disabusing others of the notion that IP in its myriad forms (music and movies being just the most recognizable) should be “free.”
Recent changes in IP education
Clearly, as the world economy is “globalizing” it is also becoming less labor-intensive and more knowledge- and service-based. This made IP a trade issue. In the U.S., the adoption of the WTO TRIPS Agreement (World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights) set the stage for a complete review of our nation’s IP laws. The monumental growth of IP’s international status has dramatically affected the amount, manner and content of IP education, too, both here and abroad.
The benefits of IP education extend much farther than the law schools. A wide range of professions – in business, fine arts, engineering, journalism, broadcasting, the sciences, even teaching – would be well served by having IP in their studies. Even a cursory examination of the state of IP education identifies three programs as being most likely to include IP coursework in their curricula.
First, of course, are the basic law degree programs. These generally offer IP courses that impart a basic understanding of the philosophy, rationale, design and adjudication of IP laws. The basic rights protected by IP law should be part of every attorney’s education, not just those who will move into an IP-related practice. Specialized post-graduate, LL.M programs – including IP–LL.M degree programs –will provide a more comprehensive education in the theory and practice of IP law, of course.
Second, a number of business schools now have IP courses. Although IP is not an important component of most economics curricula, just about every business program (both B.A. and M.B.A.) includes at least a thorough overview of the field. Students who are anticipating careers in business or government should have a firm grasp of IP’s ever-expanding role in the daily realities of modern economics and trade.
Third, faculties of science and engineering at a growing number of institutions are teaching the general principles of IP, since students in these disciplines should know about IP in the context of R&D, technology, project management and product functionality. To this end, a growing number of science and engineering programs have expanded their various collaborations with the technology industries. Current trends suggest we will continue to see the expansion of basic, even advanced, IP courses in engineering and science departments.
It is exceedingly difficult to estimate how many colleges and universities in the world are teaching IP, but a 2007 estimate by the World Intellectual Property Organization identified some 700 of them, with a majority of IP courses in the law programs. In whatever departments they were found, however, IP courses were often elective, sometimes of short duration and occasionally outdated. Most IP courses, worldwide, are general in nature and focus primarily on (1) the nature and extent of IP rights protected under current law, and (2) the impact of IP on a globalized, knowledge- and service-based economy and its possible remedial role.
Of course, some institutions offer specialized, comprehensive IP curricula. In the U.S., for instance, there are over 20 IP-specialized LL.M. programs, while several technical universities in Japan have begun offering one-year IP courses in concert with other technology-related disciplines (management of technology, or MOT, for one). A number of top French universities have made IP courses mandatory for some science programs. And in China, when the Ministry of Education officially “encouraged” universities to establish post-graduate programs in IP law and/or IP management, at least sixteen of them began to offer such advanced IP courses.
Worldwide, the trend is unmistakable. More universities in more countries will include IP courses in their curricula, and existing IP courses will continue to be refined and expanded. This evolution is particularly apparent in countries where IP activities are growing. And with the continuing proliferation of the Internet and other enabling technologies, this evolution could conceivably take place in any country on the planet. It is not as if the globalization process is going to reverse itself any time soon, so the IP education bandwagon, like the Energizer bunny, is one vehicle you can count on to keep going, going and going. It’s to everyone’s benefit that it does, too.
The law offices of Bob Schuster, P.C. Specialize in commercial litigation, brain injury, intellectual property infringement and carbon monoxide poisoning cases. Visit their site for more information on intellectual property infringement, commercial litigation and how you can get what you deserve.
