How IP laws can be reimagined to stimulate innovation

(Credit: Unsplash)

This article is brought to you thanks to the collaboration of The European Sting with the World Economic Forum.

Author: Jens Martin Skibsted, Partner, Manyone A/S


  • Current IP laws aren’t adapted to the realities of multicultural societies and fast-changing economies.
  • IP laws need to adapt to protect multi-generational and collective knowledge, and need to move away from prioritizing norms such as individual rights and commercialization.
  • By placing the focus of IP laws on diversity and innovation, we can incentivise collaboration, reward innovation, and offer more equitable opportunities for creators.

Intellectual Property (IP) laws are a two-edged sword. On the one hand, they enable creators to reap the full value of their creativity without fearing appropriation or imitation. On the flip side, IP laws can often be inimical to innovation and productivity when they do not consider the context and nuance in which a specific work was created and what it means for the larger society.

When US Trade Rep Katherine Tai announced the Biden administration’s support for waiving IP protection on COVID-19 vaccines, it was based on this premise. Indeed, no context or nuance could be larger than the biggest global health crisis in a century. Although Biden’s decision drew the ire and condemnation of the pharmaceutical industry, the point had already been made. At a time when we needed to get as many safe and effective vaccines as possible across the world – especially to poorer nations, IP laws were among the chief factors holding us back.

DISCOVER

How is the World Economic Forum promoting equity in the workplace?Show more

Adapting IP to the digital age

The digital age has introduced a new era of innovation, one that has seen the advent of new technologies, services, and products that have revolutionized the way we live and operate. From the rise of the internet to the emergence of social media, the world we live in today is vastly different from the one we knew even a decade ago. But while technology has continued to evolve and human design processes are driving exponential growth, IP laws have largely stayed the same.

In today’s dynamic world where many rely heavily on technology to survive, continuous innovation is paramount. However, innovation will happen at a snail’s speed when would-be creators cannot leverage existing inventions when IP laws restrict them.

American software programmer Richard Stallman foresaw the challenges we are faced with today when he launched the GNU Project and founded the Free Software Foundation (FSF) in 1985.

The free software movement activist sought to grant end-users the freedom to create, modify, and share software as a pathway to faster innovation. Decades down the line, open source models are now standard for facilitating the sharing of ideas and resources, allowing for the development of new and improved products and services.

Current IP laws are designed to protect creators and inventors from having their work copied, stolen, or otherwise exploited without their consent. This is a noble goal, but the laws need to address our constantly evolving times adequately. For instance, it can be difficult to enforce copyright when an individual can easily copy and share digital content online.

The prevention of the flow of ideas and collaboration between inventors and creators are also a consequence of the restrictiveness of the current laws. Good ideas, in this case, need to be enabled, but all our IP laws can do, at best, is lock them up in cages—modern ones nonetheless.

We face similar challenges with IP laws across everything else, from how we leverage frontier technologies to design new products and services to our ability to drive innovation across diverse cultural and design applications. Indeed, emerging conversations about AI’s rights intellectual property – well, actually any type of intelligence’s rights – shows how far down the road IP laws still need to travel to catch up.

DISCOVER

How is the World Economic Forum fostering a sustainable and inclusive digital economy?Show more

Redesigning IP laws for global inclusivity

The dynamics of our rapidly evolving global community demand that we reframe IP laws to spur innovation because innovation is critical to human progress, not just because it is key to long-term economic growth and prosperity, but also because it’s our only way to respond to a constantly evolving world.

However, there needs to be a paradigm shift in how intellectual property ownership is viewed and shared, to achieve this. At the moment, what IP laws do best is help large companies fence off competition. Good for the bottom line, but not so great for evening the playing field and innovation.

People are circumventing IP laws by creating workarounds to drive cutting-edge innovation. Crowdsourcing platforms continue to grow, as people look to create together across disciplines and cultures without worrying about patents.

Creative Commons licences also allow creators to make their work available to the public while still retaining some control over how the material is used. By utilising these tools, innovators are pushing back at the restrictive boundaries of IP laws. It is the only way to new and exciting ways of collaborative and productive design.

We need new creative ownership models that protect the rights of creators while simultaneously spurring new ways of enabling creative environments. One great example, which I’ve given elsewhere, is Africa’s design space. If there’s any place that demonstrates the inadequacy of today’s IP system, it is here where intellectual property is as much a by-product of timeless collective knowledge.

A way forward

IP laws need to adapt to protect multi-generational and collective knowledge—something they are currently ill-equipped for. The closest thing may be ‘Protected Designation of Origin’, but it does not protect inventions and technology from being copied. Today’s IP laws are poorly suited to protect such “indigenous” knowledge because they are usually based on Western norms such as individual rights and commercialization. It’s a glaring issue that IP laws do not effectively protect core intellectual property in the world’s second largest continent.

If we truly want to spur innovation globally, we must recognize all forms of intellectual creations —from AI to all humans—and make space for them in our legal frameworks.

If IP laws will continue to be useful in the future, then we must open them up to multiple and evolving intellectual realities, especially those that seek to reward not just the creator in the individualist sense, but also everyone involved in the creative process, from the individual to the community. And the onus must be on innovation not protection. This would incentivise collaboration, reward innovation, and offer more equitable opportunities for creators and creative spaces.

Hence, rather than viewing IP from a narrow prism of ownership—a viewpoint restricting reproduction, use, and modification, we need IP laws to reflect the realities of design today in a way that enables everyone to benefit from the wisdom of the crowd. How we get there will require reframing and enlarging our concepts of who owns what and how.


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© UNICEF/Ninja Charbonneau A woman and child walk past destroyed buildings in Homs, Syria.

Syria’s hopes for renewal hinge on rebuilding trust, lives and livelihoods

This article is published in association with United Nations. A country long known as a meeting point of civilizations, Syria stands once again at a crossroads. Across Syria, the scars of war remain etched into communities that have endured years of violence, displacement and loss.  Yet amid the devastation, hopes are also taking root, hopes for […]
UN News Malala Yousafzai visits the Jordanian border crossing at Hadalat where hundreds of Syrian refugees cross each day. Photo: UNHCR

75 years later, the promise to protect refugees faces its greatest test

This article is published in association with United Nations. As the world marks the 75th anniversary of the Refugee Convention, the UN refugee agency (UNHCR) has launched a global campaign urging governments, organizations and individuals to renew their commitment to protecting people forced to flee war, violence and persecution. The initiative, called The Promise, comes at a time when […]
© UNICEF/Ninja Charbonneau A woman and child walk past destroyed buildings in Homs, Syria.

Syria’s hopes for renewal hinge on rebuilding trust, lives and livelihoods

This article is published in association with United Nations. A country long known as a meeting point of civilizations, Syria stands once again at a crossroads. Across Syria, the scars of war remain etched into communities that have endured years of violence, displacement and loss.  Yet amid the devastation, hopes are also taking root, hopes for […]
© Unsplash/Abolhassan Neghabi The Strait of Hormuz is a strategically located waterway between the Persian Gulf and Gulf of Oman.

Stranded seafarers remain trapped as Hormuz shipping stalls

This article is published in association with United Nations. As the Iran-US war continues, the key question remains unanswered about how shipping through the Strait of Hormuz will be managed in future – although the UN has reiterated that charging tolls for safe passage runs contrary to international law. Addressing the UN Security Council on Thursday, […]
© UNOCHA A humanitarian aid worker talks to a woman in front of a damaged apartment building in Kryvyi Rih, in south-central Ukraine.

World News in Brief: Aid for Ukraine, drone attacks in Sudan, DR Congo deaths, neurological disorders in the Americas

This article is published in association with United Nations. UN partners launched the Winter Response Plan to help 2.1 million people in Ukraine survive another cold season as the country grapples with the on-going Russian invasion. Tweet URL The UN’s office in Ukraine announced on Wednesday that its partners are seeking $358.4 million to provide heating assistance, shelter […]
This article is brought to you in association with the European Commission.

World News in Brief: Sexual violence in DR Congo, deaths in Ukraine and Russia, crime in Southeast Asia

World News in Brief: Sexual violence in DR Congo, deaths in Ukraine and Russia, crime in Southeast Asia
© UNICEF/Oleksii Fili Local residents wander among debris following a Russian missile attack in Kyiv, on 19 July 2026.

Ukraine: Deadly Russian attacks severely damage aid warehouses

This article is published in association with United Nations. Russian attacks and drone strikes killed at least two children and injured dozens more across Ukraine over recent days while severely damaging three critical aid warehouses, UN agencies reported on Monday. The UN aid coordination agency, OCHA, said attacks over the past days killed and injured dozens […]
Sweden: EIB invests €77,5 million to deepen Port of Gothenburg for next-generation ships

US-Iran war: UN chief calls for new diplomatic push following attacks on civilian areas

This article is published in association with United Nations. The UN Secretary-General remains deeply concerned by the continuing deadly military escalation between Iran and the United States, his spokesperson said on Friday as attacks destroyed key civilian and military infrastructure across the Gulf region. “He is particularly concerned about attacks on civilian infrastructure in Iran and […]
©UNIFIL /Kandice Ardiel UN peacekeepers in Lebanon examine remnants of a drone that detonated inside the mission’s Naqoura headquarters.

Peacekeepers step up support as families return to south Lebanon

This article is published in association with United Nations. With violence in south Lebanon significantly decreased since mid-June, UN peacekeepers there have returned to core functions such as protecting humanitarian aid and restoring critical infrastructure as families continue to return home. “The welcome reduction in violence allows our peacekeepers to do more of what we are […]
© NASA A satellite photo shows the strategically important shipping route of the Strait of Hormuz.

Gulf crisis: Guterres calls for de-escalation, warns against return to full-on war

This article is published in association with United Nations. UN Secretary-General António Guterres voiced deep concern on Wednesday over the continuing military escalation in the Middle East amid ongoing strikes by the United States and Iran over control of the Strait of Hormuz.  The fighting has broken an interim truce established under a Memorandum of Understanding signed by […]
© UNICEF/Josue Mulala Girls play football at an event in DR Congo.

World Cup football’s other goal: Helping young people talk about mental health

This article is published in association with United Nations. When Dr. Sahira Al Nahari founded Shifā Art, a Saudi Arabia-based organization using art to create conversations around mental health, she noticed that men attending her therapeutic art workshops often felt uncomfortable opening up about their feelings. At these workshops, however, men often begin by sketching football […]
© UNFPA/Jonas Yunus Health workers in North Kivu, eastern DR Congo, prepare to treat patients as the Ebola outbreak continues.

‘This is a fire’: DRC Ebola outbreak is fastest-growing ever, warns WHO

This article is published in association with United Nations. Infections of the Bundibugyo species of Ebola in the Democratic Republic of the Congo (DRC) have reached record highs and a majority of new cases are coming from “unknown chains of transmission”, the UN World Health Organization (WHO) warned on Tuesday. Why this matters Speaking to reporters […]
© WFP/Maxime Le Lijour The majority of homes in Gaza are still barley habitable.

World News in Brief: Aid deliveries to Gaza restricted, UN prepares El Nino response, El Salvador eliminates disease

This article is published in association with United Nations. The UN World Food Programme (WFP) is calling for greater humanitarian access to Gaza, warning that restrictions on aid deliveries, ongoing violence and funding shortages are severely limiting its ability to reach people in need. Tweet URL Reporting from a recent aid convoy mission, WFP Country Director for Palestine […]
This article is published in association with United Nations.

Peak heat in Europe just broke historic 1970s records

This article is published in association with United Nations. This year marks the hottest June recorded for Western Europe and the second warmest globally, according to the latest report from a climate tracking service released on Thursday. “Heatwaves like this are what we expect to see in a changing climate,” said John Kennedy, head of climate […]
© NASA The Strait of Hormuz which separates the United Arab Emirates and Iran is a strategically important shipping route

UN chief urges Iran and US to ‘urgently resume negotiations’ as Gulf strikes escalate

This article is published in association with United Nations. Renewed strikes and counterstrikes between Iran and the United States in the Gulf region have raised fears of a return to all‑out war, with Washington denying Tehran’s claim that it had closed the crucial Strait of Hormuz on Sunday. The US said it had struck around 140 […]
This article is published in association with United Nations.

Peak heat in Europe just broke historic 1970s records

This article is published in association with United Nations. This year marks the hottest June recorded for Western Europe and the second warmest globally, according to the latest report from a climate tracking service released on Thursday. “Heatwaves like this are what we expect to see in a changing climate,” said John Kennedy, head of climate […]
UN News Children collect water from a truck in a displaced persons camp in Gaza. (file)

Diplomats go virtual to witness Gaza displacement site up close

This article is published in association with United Nations. Representatives from 12 countries carried out a “virtual diplomatic field visit” to a displacement site in the Gaza Strip and heard from some of the residents about their pressing needs, the United Nations said on Thursday.  The UN Humanitarian Coordinator for the Occupied Palestinian Territory (OPT), Ramiz Alakbarov, and his […]
This article is brought to you in association with the European Commission.

Commission seeks feedback on commitments offered by Sanofi over possible anticompetitive conduct regarding the promotion of a flu vaccine for vulnerable patients

This article is brought to you in association with the European Commission. The European Commission invites comments on commitments offered by Sanofi to address competition concerns regarding a communication campaign that has possibly disparaged the only rival flu vaccine recommended for vulnerable patients with risk factors. The Commission’s investigation Sanofi, headquartered in France, is a multinational […]
This article is published in association with United Nations.

US-Iran war: Renewed attacks in Strait of Hormuz prompts another global energy alert

This article is published in association with United Nations. Renewed attacks on shipping in the Strait of Hormuz unsettled energy markets on Wednesday and prompted calls from the UN maritime agency, IMO, for “maximum restraint and de-escalation”. Amid reports that three merchant vessels were hit along with Iranian targets, IMO Secretary-General Arsenio Dominguez condemned “reckless attacks” […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com