In-house counsel in the software, pharmaceutical and technology sectors have welcomed the EU’s new and “overdue” focus on intellectual property in its digital education drive.
The Digital Competency Framework version 2.2 (DigiComp 2.2), published last month, sets out that an emphasis should be placed on IP considerations related to the use and sharing of digital content at all levels of education.
DigiComp 2.2 is the latest iteration of a regularly updated set of rules governing the basics of digital education in the bloc.
In earmarking IP for the first time, the framework suggests teachers should explain that digital content can be protected by IP rights, that creations are automatically protected by copyright, and that there are certain exemptions to copyright protection.
At this stage, the strategy focusses primarily on copyright and related licences.
Sources at Western Digital, Insud Pharma, software company Amadeus and elsewhere tell Managing IP that the move is sensible, adding that the education drive should also aim at clarifying “underpromoted” laws, such as those governing copyright and database rights.
But they note that the EU should also promote school-level understanding of wider IP issues such as counterfeiting and design rights.
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The European Commission’s DigiComp 2.2 is the third update to the EU’s Digital Education Action Plan (DEAP).
According to the EU, digital competence refers to the “set of skills, knowledge and attitudes that enable the confident, creative and critical use of technologies and systems, and is essential for learners if they are to be informed in today’s society”.
As far as IP goes, its aims include introducing the idea of automatic copyright protection upon creation of a work, the legal implications of using and sharing digital content such as data, and the different models for licensing software.
A source close to the commission says DigiComp will provide a “common understanding of what digital competence is and give people the opportunity to assess their competence and identify gaps in their knowledge, skills and attitudes”.
She adds that the EU’s aim is for 80% of the population to have basic digital skills by 2030.
Alexandre Ribeil, IP attorney at travel software company Amadeus in France,believes the focus is “welcome and consistent” with the rise of the data economy, which has long been promoted by EU institutions.
Broadly speaking, the data economy describes the global system in which data is gathered, organised, and exchanged.
But Ribeil notes that the legal implications surrounding IP and data are not 100% clear.
One way the EU could educate citizens on this topic is by further explaining and promoting the principles outlined in the Database Directive (96/9/EC), which concerns the legal protection of databases in regard to copyright law.
This directive, while “instrumental to the understanding of copyright and database rights”, is underpromoted at the EU level, Ribeil says.
One source at a European technology company says planting the seeds of education should be a starting point but agrees that ensuring wider understanding of the EU regulatory framework should take priority.
“It is essential to educate people on the application of the regulatory framework, otherwise it will not be possible to require people to respect rights that they do not know,” he says.
IP homework
While counsel broadly welcome the plans, they say the latest drive shouldn’t be a flash in the pan. They note that education should also concentrate on the dangers posed by IP infringements, as well as the importance of adequate protection.
This, they say, should include bringing the basic principles of IP protection into school-level education.
A spokesperson for the EUIPO confirmed that the organisation contributed to the commission’s DEAP strategy and helped establish the IP-related competences outlined in DigiComp 2.2. The office’s IP in Education team is constantly involved in in the commissions DEAP actions, the spokesperson added.
The spokesperson continued that the EUIPO Observatory – a think tank that assists with the protection and understanding of IP – also runs various activities for young people to raise awareness.
One initiative called Ideas Powered aims to promote creativity, innovation and responsible digital engagement among young people. The observatory has also published an FAQ page on copyright for teachers and students.
Pablo Vanel, a UK-based senior IP counsel at Western Digital, welcomes the EU’s plan but adds that the basics of IP – including an introduction to all rights – should be taught at school.
He suggests that an hour or two each week could be dedicated to learning about trademarks, designs, and patents.
“Of course, we cannot give a law course to young people, but it would be beneficial for everyone to learn in school the basic principle of immaterial property, just as they learn the principles of property and criminality.”
Pillars of knowledge
Pedro Román Goicoechea, IP counsel at Insud Pharma in Madrid, says early-years education should also focus on how important IP rights are for the development of society, including the importance of inventor’s or artist’s works and of combating anti-counterfeiting. “These are sometimes overlooked and probably taken for granted, but it is important to highlight them when you are starting to get familiar with IP and take them as fundamental pillars.”
Vanel agrees with this point, adding that everyone these days is confronted with IP and infringements at a very early age.
“The lack of education is obvious, looking at how young people react to counterfeiting issues on social media – they totally underestimate the issue. If the young generation understands the principle of immaterial property, they’d better understand the importance of it and of not infringing it.”
If the EU’s education drive is a success, and counsel get their wish of expanding education into other areas of IP, it might not be long before pupils’ knowledge outstrips that of their parents – unless their parents are IP lawyers, of course.
