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In a new book, Ruth Soetendorp and her co-editor Sabine Jacques have collected a series of fresh viewpoints on teaching IP. Here they offer a small selection 

The publisher Edward Elgar’s decision to include IP in its series of publications on teaching shows the extent to which the subject is embedded in law school curricula, and increasingly features in the programmes of other faculties and disciplines, including business studies. However, as editors of a new publication on IP education, Sabine Jacques and I were anxious to include ‘strategy’ and ‘management’ alongside law in the title, and keen to present a volume that would be an asset to teaching, whether in the classroom or online, in small work-based groups, or as an individual, self-managed endeavour.

Many definitions of teaching exist, the simplest and briefest, perhaps, being: “to impart knowledge to or instruct (someone) as to how to do something; or cause (someone) to learn or understand something by example or experience”. That definition, we felt, embraced law school academics, academics from disciplines other than law, and others who would be involved with clients, partner companies providing service, attorneys where a firm is not IP-centred and trainees new to IP. This extends, certainly, to Trade Mark Attorneys, who are often called on to deliver IP teaching to trainees or to client companies.

On a first look, your initial reaction to the book – Teaching Intellectual Property Law: Strategy and management – may be: “this is not an IP law book as I remember them”. This is the result of a deliberate decision on our part. Reputable and authoritative IP and trade mark law textbooks exist, but this book is not designed to compete with them. Instead, it approaches IP teaching from the perspective of the teachers, and the learners who expect to receive knowledge, instruction or understanding from them.

“The pandemic was instrumental in accelerating changes in approach and style to learning and teaching”

To that extent, the book’s introduction explores the changes that are taking place in the diversity of students who come to IP learning, and the changes in delivery and styles of learning and assessment that teachers and learners will need to adjust to. For example, chapters on sustainability and ethics in respect of IP strategies and their management have been included, in recognition that trade marks in particular have been forced to reflect changing international ethical attitudes.

Importantly, too, this book was proposed in May 2020, during the early months of the first COVID-19 lockdown. The pandemic was instrumental in accelerating changes in approach and style to learning and teaching, especially in law, which has had to move away from rote learning and students being perceived as ‘information receivers’. Our authors reflect these momentous changes, and several take an active learning approach in order to meet the challenges IP teachers face today. The following are just a few examples of the content that we hope will interest you.

A different drummer

Nick Scharf (Associate Professor and Course Director for IP and IP LLM Programme, University of East Anglia Law School) has a talent for drumming. In his contribution to the book he describes how he brought his drum kit into an IP class, using it to break free from the traditional question-answer-discussion structure of small group seminars and tutorials, and instead engage his students in a hands-on experience of some of the key concepts of copyright law. Giving the students the opportunity to learn a simple riff on the drums was a form of active learning that enabled them to articulate what they felt, for example, about originality and, by extension, about ‘substantial taking’ and copying (or infringement).

Scharf appreciated the drum seminar as an opportunity to share love and enthusiasm for music, drumming and copyright. He sees his approach as an attempt to bridge theory and practice, allowing participants to get an in-depth understanding. He acknowledges the need to put the drumming seminar in the context of the module as a whole and prepares appropriate, legally robust seminar notes to enable students to locate their experiential learning within the academic rigour of the module. He is also honest about the practical challenges of getting the drum kit into the classroom, and aware of the potential disturbance the class might cause neighbouring lessons. However, he says that students found the approach useful to their understanding of copyright law.

Scharf’s chapter will be of particular relevance to you if you have a talent for music, an instrument that you can bring into the learning environment, and an expectation to introduce your trade mark trainees to copyright. But even if you have none of these, Scharf encourages you to think about a hobby or passion of yours that could help students understand concepts of trade mark law. Are you a fashionista or a sporting enthusiast? Why not plan a trade mark class based around your (and your students’) favourite branded and ripped-off items?

Entering the social space

Like Scharf, Joe Sekhon’s innovation in teaching owes much to a personal talent and enthusiasm – in Sekhon’s case, for social media. Sekhon (Associate Head, Research and Innovation, Portsmouth Law School) recognises that many learners are technology savvy, using social networking tools as a central part of their lives, and believes there is a need to “rethink models for teaching and learning in order to replace outmoded ‘closed classroom’ models”. Another catalyst for Sekhon was his development and delivery of an IP clinic at Portsmouth, for which he had UK IPO support. The clinic enabled IP law students to learn about IP in a practical non-classroom context, and to deliver this learning by giving free IP advice to campus-based student entrepreneurs.

Delivering a pilot project that used three popular social channels, he set up an official account on each platform and led students through the post creation process – including introducing tools that can be used to enhance the posting experience. Sekhon then set students specific tasks, for instance to draft a post describing the criteria that had to be satisfied in order to secure mainstream rights in the UK, such as a trade mark. These were to include headline text and appropriate images. Suggested posts were evaluated by peers and by Sekhon, who would then select one to go live and post it on the dedicated social accounts. He notes that some of these proved popular with social media users external to the university, generating ‘likes’ and comments.

Creativity’s contribution

Considering the intersection of art and law as complementary subjects for teaching and learning, Andrea Wallace (Senior Lecturer in Law, University of Exeter) uses art-based learning methods to enhance collaboration, individual engagement and deeper learning, providing a valuable addition to legal education. This approach, although relatively unexplored in legal programmes, encourages creative and critical thinking.

Putting the law students in the shoes of creators, Wallace pushes them to stretch the boundaries of legal education, transforming themselves to better understand the challenges faced by creators in the real world. For example, in studio-style seminars, students develop work “designed to build confidence around creative agency, art making and reflection”. These include painting along with the legendary Bob Ross and considering whether copyright arises in the product they produce. Students also create an artistic work based on a selected research topic, with attendant reflection on decision-making, critical thinking and the written process that comes along with creating. Among the responses have been an ice sculpture referring to René Magritte’s well-known Ceci n’est pas une pipe and exploring appropriation, and a 3D-printed music box that “implicated the participant [opener] in questions of piracy and copyright infringement”.

These exercises have several advantages, one of which is to improve the students’ soft skills by centring on how to communicate better with their clients. Moreover, Wallace’s example emphasises the unique quality the arts have in enhancing deeper learning in law students. By integrating various pedagogies and using art as a means of argumentation, students can develop creative thinking and analytical skills, especially in dealing with complex legal subjects. Resulting in a co-learning approach, the focus extends beyond legal aspects to encompass the artistic dimensions of law and legal reasoning.

Games people play

Gamification has garnered attention as a means to boost participation, social interaction and knowledge acquisition, leveraging psychological experiences found in games to induce behavioural change. While gamification has shown positive effects in terms of engagement and entertainment, its impact can be short-lived if not implemented appropriately, often due to the novelty effect. However, by recognising that game design and mechanics are tools to enhance the learning experience, we can unlock their true value. In her contribution, co-editor Sabine Jacques provides an overview of what makes a successful educational game.

Gamification involves more than just points, badges and leaderboards. What truly motivates players in games, especially since childhood, are factors like strategy development, social interaction and overcoming challenges. Points and rewards can enhance the experience but are not enough for lasting impact. To create effective gamified learning, it is crucial to understand what motivates players and how this can be applied to education. High-quality graphics and animations are not always necessary. The key is to tap into the core motivations that make games engaging. Discussing what constitutes appropriate rules, what game components to adopt and how to build a narrative, Jacques provides a framework for anyone wishing to have a go at devising their own game.

Overcoming resistance

While most of our authors describe innovations that have been developed and delivered in the context of higher education, we are aware that most readers of this article are more likely to be teaching IP in a firm, either to trainees or mentoring new career entrants unfamiliar with IP. To that end, the chapter on overcoming resistance on non-law modules may be of use. Trainees in trade mark practices, and firms with their own trade marks to protect, should be well motivated to learn about the intricacies of trade mark practice. Yet they may, as trade mark novices, be reluctant to participate in the discussion and exchanges that are essential to embed learning. The following two innovations have been well received by students and increase engagement in classroom discussion.

1. IP ice breakers

Collect IP stories from various media, ideally stories that discuss disputes to which your learners will relate, but which have not yet been decided by a court. Use them to initiate discussion. Because they have not yet been decided, you can assure the students that they won’t be ‘wrong’ if they give their opinion. Once a student has spoken once in class, they find it easier to speak again. Start off expecting nothing more than a gut reaction to a story. As the training progresses, you can expect more authoritative responses. 

2. One pair share

Divide the learners into pairs. Give each pair an IP ice breaker to read. Ask each individual to make a list of half a dozen points from the ice breaker. Then have the pair discuss their lists and agree to reduce the 12 points to six, which they then share with their colleagues.

Share your own experience

In conclusion, we hope you enjoy reading through the book and find many ideas in it to encourage your own IP teaching. Remember, too, that you may have much to contribute to your local university, sharing your own IP knowledge. Student employability skills expand exponentially when students are exposed to input from professionals, and this is something we also discuss in the book. A series of chapters explore the contribution an IP professional makes to an IP class within a business management programme, the benefits professional networking activities contribute to the IP curriculum and the role an IP professional can play to ensure students are reminded of the breadth and importance of the various IP regimes, including trade marks.

Ruth Soetendorp is Visiting Academic at City University of London and Professor Emerita at Bournemouth University

Sabine Jacques is Senior Lecturer in Intellectual Property Law at the University of Liverpool, School of Law & Social Justice

Teaching Intellectual Property Law: Strategy and management is available from Edward Elgar Publishing at e-elgar.com

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