The Case For Teaching IP Literacy

The time for us to do our part for American students is now, in collaboration with educators and parents.

You do not have to look far to see incessant hand-wringing over the state of the US educational system. Some want to see public schools strengthened with even more allocation of public funds, while others find their solutions in increasing school choice opportunities. Both sides share in common a level of despair over how American students fail to perform as well on benchmark educational tests as their foreign counterparts. Reindeer-fed, skiing-to-school Finns are celebrated alongside super-studious Signaporeans as exemplars of students actually prepared to compete in today’s global economy. If you would believe the doomsayers in this country, American students are best equipped to post Snapchat stories while they wile away the hours until they can borrow huge sums to pay for the remedial classes they need in college.

The truth is never as extreme as the headlines, of course. There are undoubtedly legions of well-equipped American students working their way through schools around the country. At the same time, the global economy has progressed to the point where it is time to have a serious conversation about incorporating IP literacy into at least high school (if not middle school) curricula. Whether that means having a standalone IP literacy course along the lines of the elective class I have been teaching at my high school for the past few years, or simply incorporating IP literacy into existing technology, science, or coding-type courses is immaterial. What is important is the recognition that IP literacy is an essential skill for anyone hoping to succeed in today’s economy, regardless of their chosen field or business.

Everyone, from those flipping items on Amazon, to those aspiring to success in medicine, engineering, or law, should have at least a basic understanding of core IP concepts. Heck, simply understanding the differences and similarities between how the law treats real and intellectual property is a solid academic first step that students of all academic abilities can reach. In fact, because today’s kids are more in touch with advanced technology than many adults are, it is easier than ever to illustrate for them the important role IP laws play in their lives. The idea of owning what you create has innate moral appeal, and everyone from Logan Paul acolytes to avid gamers understands the power of copyright laws in making sure content creators can succeed — even in this age of digital piracy.

Likewise, the outsized role global corporations play in the lives of today’s children also allows them to quickly grasp the value of trademarks and brand names. Every student toting an iPhone, as well as those aspiring to, is already aware of the power of the Apple brand name for example. From that foundation, it is easy to build their awareness of the limits of branding rights, and the challenges famous brands face in trying to police worldwide counterfeiting activity. All it takes is a willingness to introduce students to these concepts, using examples that they are already aware of. Again, this can be done in an existing social studies class, by discussing the rise of the great American brands like Ford and IBM for example, or in a more business-oriented course like economics. Either way, understanding the basics of trademark law is something I have seen firsthand that high schoolers can quickly achieve.

It is true that teaching kids about patents can be a little trickier, particularly in light of all the changes in patent law that have arisen over the last decade. But the changing nature of patent law is not a reason to shy from the challenge. Rather, helping children understand the challenges and opportunities available to innovators can help inspire them to think as innovators themselves. Nothing fosters the entrepreneurial spirit more than learning about the great inventors of our time, and investigating how IP laws have allowed them to flourish. What I have seen in my own classroom is that kids appreciate the complexity of today’s technology, from the smartphones they all carry to the machines they encounter when they visit the dentist or doctor. A basic grounding in IP plays an important role, however, in showing them how it is incremental (and ongoing) innovation that leads to the technologies we all benefit from today. This awareness can give them the motivation to innovate themselves, especially as their careers progress.

Again, we live in a world where it is both easier and harder than ever to bring to market disruptive products and services. The competition is worldwide, and relentless. We want American students to become the creators of tomorrow. As the IP lawyers of today, we collectively participate in the world’s most advanced IP legal system. We can all help teach the next generation about the importance of what we do. The time for us to do our part for American students is now, in collaboration with educators and parents. IP literacy is a must for American business people. Today’s students deserve nothing less.

Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.

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Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

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