Intellectual Property and Gender Inequality: Mending the Divide

I. Introduction

Throughout history, humankind has progressed successfully only through innovation and creativity. These two engines have acted as the stimulus for the achievements of Homo sapiens. The invention of the wheel, printing press, and steam engine to artificial intelligence till now have revolutionized society and fuelled the continuous evolution of humans. In that paradise of innovation, under the contemporary fast-paced world, intellectual property has gained a pivotal role in fostering the innovation and economic progress of society.

The intellectual property system in different ways reinforces creativity in numerous ways. First, the System spurs innovation as it gives absolute rights to the creators of their inventions. Certainty in the protection of their work provides an impetus to the minds of innovators. Since IP law confers these special rights to creators as a consideration for their hard work, it would push the boundaries beyond their abilities to further progress. The system through patents protects the interest of investors also. It ensures investors have complete authority over the commercial purpose of their inventions. Hence it stalls others from duplicating or plagiarizing protected works which bolsters the innovation.

Second, financial commitment to the research work plays a significant role in their outcomes. Lack of investment would lead to stagnancy in this field and stalling further developments. But robust protection by rights enshrined in the IP laws offers proper stimulus to investments inflow. A sense of reward for their expenses in the work motivates the investors to invest more. It allows the investors to recover their expenses by harnessing the commercial use of their products. This safety net attracts more capital furthering the advancement.

Third, Intellectual property rights empower inventors to monetize their innovations through licensing with others. This enables democratization of new technology, mass diffusion of knowledge and creative works which aids their adoption while nurturing the competition across various sectors. By easing the transfer of technology, IPR help bridge the gap between research and commercialization, making the transformation of idea into real-world products and services easier.

Although intellectual property rights grants authors exclusive control over their works, they also encourage competition by prohibiting unauthorised use or replication. This prompts competitors to explore alternate concepts and improvements, thereby expediting market progress and efficacy. By creating a conducive environment for competition, IPR promote innovation, elevate product standards, and bring down costs, ultimately leading to consumer benefits and economic expansion.

Despite IPR is a heavenly paradise benefitting and protecting the creator and investors yet, beneath the surface of this system lies a stark reality, gender inequality permeates the landscape of IP reveals the untold account of disparities, biases, and institutional barriers that impacts the experiences of women innovators and creators. Although IP, at its core, offers exclusive rights for inventions and creations, for women the journey to obtain and utilize these privileges is always a difficult path. Women encounter numerous obstacles that sets limits on their access to and ability to profit, ranging from filing for patents to creative acknowledgments.

There are several ways in which the gender disparity in intellectual property is evident. Studies show that there are differences in patent ownership and inventorship between the Gender, and that non-male genders are still underrepresented in patent systems. Furthermore, non-male genders face challenges in obtaining finance, negotiating intricate legal procedures, and connecting with networks that are essential for the development of intellectual property. Women are frequently marginalized and underrepresented in the creative industries—from music to literature—and their efforts are sometimes underappreciated. Gender differences in intellectual property beyond the purview of legal frameworks, reflect larger social injustices stemming from structural obstacles and historical biases. The exclusion of women as well as other genders from innovation ecosystems and creative sectors is sustained by non-conscious biases, discriminatory norms, and limited access to opportunities and resources. Non-male genders are denied economic possibilities as a result of this marginalization, which also stunts creativity and slows down societal advancement. As the paper advances we explore the difficulties faced by women as well as other genders and evaluate the present system based on gender equality perspective and suggest ideas for reformation so that no one is left behind.

II. Unpacking the challenges: obstacles faced by women

A. Empirical Evidence

When it comes to intellectual property rights, women confront various challenges, including limited access to resources and financing, as well as societal and cultural hurdles. In many regions of the world, women have restricted access to education and technology, both of which are essential for innovation and intellectual property development. Furthermore, women frequently struggle to acquire finance for their initiatives and discoveries since they are underrepresented in the venture capital and angel investor groups.

Women have been joining the workforce at all levels in ever-increasing numbers over the last 50 years. Government policies and their commitment to gender inequality have contributed to this trend's acceleration, and which is evident by studies indicating that giving women equal access to the formal economy could increase gross domestic product gross domestic product (GDP) by 26%⁴. Despite considerable increase in women’s contribution in economic activities, research has revealed that women are not benefiting from or engaging in the intellectual property system at the same rates as males: Although women account for roughly half of the global labour force and more than half of college graduates worldwide⁵,yet women receive far fewer patents than men. Nevertheless, women bring new perspectives and skill sets to the table yet the elephant in the room is completely overlooked.

From women only around, 16 percent of patent applications filed through WIPO's Patent Cooperation Treaty (PCT), leaving uncountable brilliant minds and their ideas untapped. WIPO estimates that at current rates, gender parity among PCT-listed inventors will not be achieved before 2064⁶.Number is meagre and gender parity cannot be achieved in near future with current progress. International patent applications by women through EPO system is just 13.2 percent⁷. In 2014, A study by the Organisation for Economic Cooperation and Development (OECD) found alike statistics for the G20 as a whole, with just 8.4 per cent of patents having at least one-woman inventor⁸. The intellectual property gender is evident as data exhibit the imbalances and disparities and issue has to be recognised as it is the first step in resolving the problems.

III. Challenges

Understanding how the IP system works and identifying the difficulties faced are key to progress and bridge the gap. This paper explores and discusses crucial challenges faced by women in their journey

A. Cultural bias and Gender Stereotypes

It is most fundamental challenge faced by women in any field. As our society is deeply entrenched in gender discrimination and inequality, it directly or indirectly has an impact on women entering this sector. A study found children — as early as six years old — started developing ideas that STEM(Science&Technology, Engineering, Math) courses are fitter for boys than girls, which eventually affected women’s and girls’ sense of belonging in these fields. This constant conditioning of young minds leads to a sense of discouragement for young ladies to purusue STEM(Science&Technology, Engineering, Math) as a career. Only fewer women get into the field and these women may not receive adequate support, opportunities and guidance, which undermines their confidence; and wage disparity also deters their careers, leading to a men dominated field⁹.

B. Masculine Frameworks & Patriarchal Structures

The legal maxim “Ignorantia Juris Non-Excusat” means ignorance of the law is not an excuse and will be held liable but existing IP laws ignore women genders completely and don’t take account difficulties faced by into its system, now whom to be held responsible for these discriminatory ignorant norms. The legal framework of intellectual property protection was never intended to place a value on the contributions of women writers and artists in non-STEM fields like writing or crafting. For example, handicrafts like knitting and needlework were not deemed marketable because, first, they were made domestically and, second, they did not satisfy the legal standard for "originality" because they were "functional" rather than artistic endeavours. When women do choose to pursue careers in creative or innovative industries, they frequently encounter discrimination at work. The term "leaky pipeline phenomenon" refers to the situation in which women creators are poorly retained as a result of gendered institutional regulations and unconscious bias, such as the maternity penalty, which places them at a disadvantage in terms of income, benefits, and perceived ability.

C. Lack of Data

In the contemporary world, data has gained a significant role and its usage & analytics are the tools to comprehend the scope and nature of anything. But there is a scarcity of data which would make it difficult to get the whole picture of the system and its underlying issues. The fact that most places do not collect the data necessary to fully describe and comprehend the issue is one reason why global society is only now beginning to confront the IP gender gap. As a result, we merely lack the comprehensive data necessary to make informed judgments regarding problems, potential fixes, and long-term trends. This holds true for all national, regional, and international IP systems as well as all forms of IP rights.

D. Access to Funding and Resources

The same financing available to men to fund businesses is not available to women. Women may not have access to even the most basic commercial facilities, like banking, in many developing nations. IP gender gaps can be impacted, both directly and indirectly, by limited capital availability. Less funding for ventures means fewer women can participate in the kinds of businesses that are most likely to use intellectual property, as is the case with differences in participation in STEM disciplines. Insufficient funds also have an immediate impact. Women face more financial obstacles than men when it comes to applying for patents because they often have fewer financial resources, which effectively inhibits female entrepreneurs and innovators from submitting patent applications

Patent and trademark registration are equally time-consuming legal and financial processes that require understanding and resources. Women-owned businesses, for example, are micro- and macro-enterprises in which entrepreneurs may lack the necessary resources to pursue trademark registration and/or obtain banking services. Filing a patent application costs an average of ₹1,600 for individuals and ₹4000-₹8000 for companies. Attorney expenses might range from ₹20,000 to ₹35,000. Others may find the process time-consuming and confusing, and without assistance, they may avoid it altogether¹⁰.

E. Lack of Mentorship & Networks

The IP gender gap is not just caused by lower rates of involvement by women in IP-intensive professions, or a lack of awareness of or usage of the IP system, but mentorship also plays a role. According to one study, women in engineering or other STEM disciplines who get mentorship are more likely to stay in the job and feel a feeling of belonging¹¹. The knowledge gap is even larger, as inventors and creators may be unfamiliar with the concept of intellectual property in general, as well as how to maintain, transfer, and enforce such rights to protect and monetize their work. This is where mentorship plays a crucial role fills the gap and imparting all required information to women.

Women frequently lack peers as role models and networks inside IP-intensive fields, which are dominated by men. The lack of strong female role models in these industries may discourage girls and young women from pursuing them, perpetuating gender inequality. Women are rarely invited to take on leadership positions, hence scope of peer mentorship becomes slimmer and bleaker.

IV. Intellectual property and non-binary gender perspectives: invisible identities in gender discourse

Diversity and inclusivity are becoming increasingly important in contemporary conversations around intellectual property (IP). However, the connection of intellectual property and non-binary gender identities has received little attention in this conversation. This paper will look into the issues that people with non-binary gender identities face when it comes to intellectual property, emphasizing the importance of increased inclusivity and representation in this field. The position of non-binary genders in the intellectual property (IP) system is complex and multifaceted. Most of the systems or frameworks including IP often reinforce heteronormative cultural and social norms and institutionalize hierarchies. Hence it defies the space to thrive for non- binary genders. We shall examine the conditions and challenges encountered by them.

A. Neglected Identities

Non-binary gender identities, which exist outside of the standard binary framework of male and female, include a wide range of identities, such as genderqueer, genderfluid, and agender people. Despite the increasing prominence of non-binary identities, these people frequently confront invisibility and marginalization in mainstream discourse, including arguments over intellectual property¹². Traditionally, gender is considered only heteronormative genders and does not consider other genders and it doesn't make it any less easy for them. Whenever the question of gender equality is addressed, only women are brought into the equation, completely ignoring them leading to an invisible identity. IP system is no exception as it did not initiate steps to include them. In short, they are not included in the discourse let alone the framework.

B. Stigmatization and Discrimination

Lack of acknowledgment and frequent overlooking result in structures of the intellectual property system becoming shackles to non-binary genders. It would bar entry into the field and demotivate them in pursuing IP as a career. As Laws and Policies are heteronormative and definitions included in those acts, for instance, creators and innovators traditionally address them as a male gender which makes things difficult for the non-binary gender eventually resulting in rejection and non-recognition of their works. Individuals with non-binary gender identities have a significant challenge in the sphere of intellectual property because their identities are neither recognized nor accommodated within existing legal frameworks. Intellectual property rules and regulations are mostly constructed around binary concepts of gender, making it difficult for non-binary individuals to exercise their rights and access protection for their creative and innovative works. Its cascading effect would be so many talents go untapped and unnoticed. Moreover, anecdotal evidence highlights few persons pursuing a career would face hostile environment in office and lack of access to basic facilities to toilets etc. IP system is no exception to it¹³.

C. Data on Non-Binary Genders in Intellectual Property

Scarcity of Data regarding non-binary genders is the most fundamental challenge in IP system. Exclusion of non-binary genders or being indifferent to them during collection of data is contributed by various factors including societal gender norms and heteronormative polices. Existing studies often fail to disaggregate data by gender identity, thereby overlooking the distinct perspectives and needs of non-binary individuals in intellectual property contexts. Despite lack of data, studies suggest that non-binary individuals are underrepresented in patent filings, trademark registrations, and leadership positions within IP organizations¹⁴.Hence the numbers are meagre when compared to binary genders.

D. The Interconnectedness Between Intellectual Property and Empowerment: Advocacy for Inclusion.

The connection between empowerment and intellectual property (IP) has gained more attention in modern discourse. The protection of intellectual property rights is essential for promoting economic development, innovation, and creativity. However, there are more social and cultural aspects at play here than just economic ones when it comes to the relationship between intellectual property and empowerment. Fundamentally, intellectual property empowers people and communities by giving creators and innovators exclusive rights and empowering them to take ownership of their creations, which promotes economic independence and self-sufficiency. Furthermore, whether or not an investor invests a start-up can depend on the entrepreneur's capacity to obtain intellectual property protection. Women entrepreneurs may find it more challenging to secure funding as a result of the gender disparity in patenting.

Gender disparities in intellectual property protection are significant as they impact not only the success of individuals but also the businesses of company and economies of nations. Not only will closing the gender gap in IP protection benefit the half of the population that is currently underrepresented, but society as a whole will also gain. Women's reduced participation in the IP system is a lost opportunity for people's lives and for the economies of their countries. According to one study, reducing the gender disparity in patenting might

boost GDP by 2.7%¹⁵. Hence bridging the gap in IP contributes to unforeseeable benefits. According to several measures of economic rights, women typically have better access to land, credit, and equal inheritance rights in nations that uphold property rights. So enhanced frameworks and protective measures contribute to bolstering the empowerment of women in more effective ways and on a wider scale expanding women's access to intellectual property rights can have ramifications for the entire society. Improving gender equality in the workplace is just, but there is also financial benefit to assisting female creators, inventors, and entrepreneurs. "inclusion in the production of innovation supports entry, social mobility, and the design of products that address the problems faced by a diverse set of consumers," as one academic puts it¹⁶.

On the contrary, the absence of intellectual property rules may exacerbate women's living situations, particularly in middle- and low-income countries where female unemployment and educational access are limited. Only fewer women can attain financial independence in circumstances where creative works can be duplicated without consent, distributed without credit or recompense to the creator, or where legal laws are complex. Culturally, a poor intellectual property policy implies that a vast reservoir of innovators, authors, and creators goes untapped; discoveries that could benefit communities and countries may never occur. Consider seatbelts: when testing automobile seat belts and airbags, researchers employed test dummies that closely mirrored the average male anatomy. Studies over the years have demonstrated a higher rate of fatalities among seat belted women because these innovations were not created for them¹⁷Therefore, there exists an interconnection between empowerment and intellectual property rights; the more robust the framework, the more improved the living conditions for women, and this extends to other genders as well. On other hand, ignorant and discriminatory structures which doesn’t include women and other gender perspectives makes the disadvantageous gender’s life worse.

V. Building equity: reforms and policies

As detailed earlier, the IP gender disparity is firmly established, with its root causes reasonably well-documented and comprehended. Now, let's examine strategies for tackling the obstacles and issues encountered by non-male genders, while also exploring effective practices to address these existing challenges.

A. Initiated measures in India

The National Intellectual Property Rights Policy, published in India in 2016, included recommendations for accelerating the processing of patent and trademark applications and expanding the administrative capabilities of IP offices. It’s one of the objectives being “encouraging and supporting capacity building among Women Creators, Innovators, Entrepreneurs, Practitioners, Teachers and Trainers¹⁸.

Start-ups and female entrepreneurs are eligible for an 80 per cent fee reduction from the Office of the Controller General of Patents, Designs, and Trade marks (CGPDTM) in India.

The Women in Science (WISE) initiative was started by the Department of Science and Technology of India in recognition of the need to assist women who have taken time off from the workforce due to family obligations. In order to encourage women who have taken a career break to pursue professions in STEM (science, technology, engineering, and mathematics) disciplines, the program gives research grants and fellowships. Through the program, almost 800 women have received training to date. Approximately 270 of them have obtained registration as patent agents and assist inventors in obtaining legal protection for their patents. Approximately 10% of patent agents and IP facilitators for start-ups in India are women at the moment.

In addition to WOS, the Indian government has introduced a number of initiatives to support women entrepreneurs, including the Vigyan Jyoti Scheme, Bio-CARe, and KIRAN schemes, which further support women engaged in R&D.

Furthermore, women's universities have benefited from increased financing and assistance from the Department of Science and Technology under the CURIE program (Consolidation of University Research for Innovation & Excellence in Women Universities).

Additionally, A significant move was also made by the Ministry of Commerce and Industry's Department of Industrial Policy and Promotion (DIPP) to expedite the review of patent applications for female applicants or those with at least one female inventor by amending Rule 24(C) of the 2003 Patent Rules¹⁹.

VI. Suggestions to mitigate the ip gender divide

A. Gathering Adequate Data to Comprehend the IP Gender Disparities

Gathering more information to determine the extent and makeup of the gender gap in intellectual property is the first step in resolving gender disparities in this area. Through the collection of gender-disaggregated data on patent filings, trademark registrations, and other IP-related activities, policymakers and stakeholders can pinpoint critical areas for intervention and monitor developments over time. Collecting accurate data about women’s use of IP protection is a significant step not only to develop appropriate legislative solutions, but also to allows for cross-national data comparison to see whether barriers are caused by structural or cultural factors.

B. Motivating and Educating More Women and Non-binary Genders to Pursue Careers in STEM and Providing Tools for Their Achievement

It is critical to put programs and efforts in place that encourage and train more women and Non-binary genders to pursue jobs in STEM areas and IP-intensive sectors in order to address the underrepresentation of Non-male genders in these fields. This comprises:

1) Girls' programs designed to ignite a passion for STEM at a young age.

2) Initiatives that give women and Non-binary genders access to networking, skill-building, and mentorship.

3) Scholarships and grants to assist female and and Non-binary genders students pursuing STEM degrees.

4) Opportunities for internships to obtain practical experience in IP-related sectors.

5) Making financial resources available to university scholars studying gender issues in STEM and IP²⁰.

C. Persuading Women to Pursue Careers in Administration and IP Law

To advance gender parity in the profession, more women must be involved in IP legislation and administration. Targeted recruitment campaigns, mentorship programs, and projects to assist women in IP-intensive businesses in advancing their careers can all help achieve this²¹.

D. Providing Opportunities for Advancement and Mentorship to Women and Non-binary Genders

Mentoring programs and opportunities for advancement are essential for supporting women and non-binary genders in IP-intensive fields. By pairing women and non-binary genders with mentors who can provide guidance, support, and advocacy, organizations can help women and non-binary genders overcome barriers and achieve success in their careers. Many women and non-binary genders may not fully understand the value of intellectual property to their work or how to navigate the IP system effectively. Guiding them on IP rights, licensing, and commercialization can empower women and non-binary genders to leverage IP for their professional and entrepreneurial endeavours²².

E. Legal Reforms and Modifications to Masculine Policies in the Intellectual Property System

Legal reforms are necessary to alleviate gender imbalances and promote equity within the intellectual property system. Entangled interests and institutional inertia may oppose the implementation of legislative reforms and modifications to current policies within the IP system. On the other hand, these reforms also provide great potential for promoting gender parity, encouraging creativity, and propelling economic expansion. By fostering an environment that is more welcoming and encouraging for women and other under-represented genders, the intellectual property system may effectively utilize a wider variety of viewpoints and skills, resulting in innovation ecosystems that are more resilient and long-lasting²³.These reforms may include:

1) Restructuring patent review procedures to reduce prejudices and provide an equitable assessment of inventions regardless of a person's gender.

2) Putting in place guidelines to support inclusion and diversity in IP companies, such as reservation for women and other under-represented genders in senior roles.

3) Launching financing schemes and assistance plans with the express goal of supporting women and other marginalized genders inside the IP ecosystem.

VII. Conclusion and suggestions

“Mending the divide for advancement of Goal”

The gender disparities that still exists in the field of innovation and intellectual property (IP) is a major obstacle to attaining gender equality and empowering all women and girls as stated in UN Sustainable Goal number 5. Intellectual property laws and policies have influenced invention and creativity throughout history, but they have also mirrored and reinforced gender inequality. To close the gender gap in intellectual property, a concentrated effort must be made to overcome the various challenges that women and non-binary genders confront, which are discussed in the previous sections of this paper. Cultural biases and discriminatory frameworks, as well as limited access to resources and mentorship opportunities, are all significant barriers.

However, there is cause for optimism. A growing number of programs and initiatives, such as national policies encouraging women in STEM and mentoring and advancement opportunities programs, are being implemented with the goal of enhancing fairness and inclusion within the intellectual property system. In order to close the gap and realize everyone's potential, regardless of gender identification, these initiatives are crucial. Prioritizing programs that encourage more women and non-binary genders to seek professions in STEM and IP law, give access to financing and resources, and foster networking and mentoring opportunities are essential to closing the IP gender gap. Furthermore, in order to advance equity and diversity, changes to masculine policies and legislative reforms inside the IP system are required as elucidated in the paper earlier.

In conclusion, the paper's authors reiterate that we are getting closer to achieving UN Sustainable Goal number 5 by tackling the structural prejudices and hurdles that support the gender gap in IP. In addition to encouraging innovation and economic advancement, empowering women and non-binary genders in the field of intellectual property also helps to create a more diverse and equitable society for all. We are laying the foundation for future generations to have a more promising and equitable future as we continue to mend the divide.

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Footnotes

1. Author is a student at PRIST deemed to be University, India.

2. Author is a Professor at PRIST deemed to be University, India.

3. Author is a Professor at PRIST deemed to be University, India.

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