Intellectual property is learnt from school

By Elisabeth Siemsen do Amaral, Partner, Industrial Property Agent, Dannemann Siemsen

This article was first published on Lex Legal

In today's scenario, where innovation and knowledge are driving forces behind the economy, goods protected by Intellectual Property (IP) - rights related to works resulting from intellectual activity in the industrial, scientific, literary and artistic fields - play a crucial role in ensuring the sustainable and competitive development of a nation. Awareness of the importance of IP and its promotion are state policies, implemented through the adoption of specific public policies.

IP education in Brazil has gained relevance in recent years, especially with government initiatives focused on promoting innovation and protecting creative rights. However, there is still a lot to be done and this needs to be expanded so that it reaches more sectors of society. In this sense, Brazil needs to make progress in including the subject from the earliest stages of education, fostering a true culture of innovation and protection of the rights of creators and inventors.

International experience shows that countries that include IP in school curriculum from an early age benefit in terms of innovation, economic and technological development. Countries with developed innovation systems, such as South Korea, Japan and the United States, have already widely incorporated the subject into their education systems from basic education onwards. In contrast, although 15 Brazilian higher education institutions will be among the country's top 20 resident applicants for patent applications with the National Institute of Industrial Property (INPI) in 2023, Brazil still faces challenges in consolidating an IP culture in its schools and universities.

In Brazil, IP education in primary and secondary schools is practically not disseminated, even though stimulating intellectual curiosity, imagination and creativity is part of the general competences of basic education, as established by the National Common Curriculum Base (BNCC). In higher education, IP teaching is mostly restricted to specific areas such as law and engineering (when it is included in the curriculum). In general, IP is only offered in postgraduate programmes.

The lack of knowledge about IP among a large part of the Brazilian population is an obstacle to the growth of innovation in the country. Many entrepreneurs are unaware of the protection mechanisms available for their innovative brands, products and processes, which exposes them to risks such as their creations being copied by competitors, both domestically and abroad. Companies that protect their intangible assets have greater legal security and competitiveness, as well as being able to exploit their creations through licensing and technology transfer, generating new sources of revenue. Including Intellectual Property in the school curriculum can change this reality.

Initiatives such as the 2023-2025 Action Plan of the National Intellectual Property Strategy, launched by the federal government, seek to broaden the dissemination of the subject and make Brazil more competitive globally. A highlight of this plan is the INPI's ‘IP in Schools’ programme, which aims to promote the inclusion of intellectual property in public and private schools. In higher education, the Ministry of Education (MEC), through the MEC Technology Showcase programme, facilitates the transfer of technologies developed in public and private universities and Federal Institutes, connecting them with the productive sector.

Collaboration between the private sector and the education system has also been an effective strategy for overcoming these barriers. The Dannemann Siemsen Institute (IDS), a non-profit organisation founded in 2001, stands out for promoting courses, lectures, publications and other academic projects to disseminate the teaching and culture of intellectual property in Brazil. Another initiative with a global impact in Brazil is the Unreal Campaign, promoted by the International Trademark Association (INTA), which aims to raise awareness among young people aged between 14 and 23 about the importance of authentic brands and the risks of consuming counterfeit products.

In Brazil, this programme has already been presented to students from public and public schools, such as the Luiz de Camões Municipal College in Rio de Janeiro. In short, teaching intellectual property at all educational levels is essential for the future of innovation in Brazil. Protecting creations and inventions is a powerful tool for boosting business development, strengthening the national economy and ensuring that the country is prepared for the global challenges of the 21st century.