Addressing Biases, Stereotypes Which Hold Women Back In Intellectual Property Field Will Help Create Robust Ecosystem For Society: Justice Hima Kohli

Emphasizing upon the contribution of women in the sector of intellectual property rights, Supreme Court judge Justice Hima Kohli on Wednesday said that addressing biases and stereotypes that often hold women back in the field will help create a robust ecosystem for the society as a whole.

Justice Kohli was speaking at an event organized by the Delhi High Court on the occasion of World Intellectual Property Day. The theme of the event was “Women and IP: Accelerating Innovation and Creativity.”

Stating that women can fully participate in the development of the society, fostering creativity, innovation and competition, the judge added:

“Women are known to be innovators and creators in multiple roles that they are expected to handle at home, be it as wives, mothers, daughters, daughters-in-law and caregivers. When the same creativity and innovation enters the professional field, it unlocks the potential for greater progress and prosperity. It is time for us to look through the gendered lens, stand-up for the intellectual property rights of women and send a powerful message to the world that we recognise and acknowledge her invaluable contribution to our society.”

Justice Kohli said that in India, there is “minimal data” available not just on the number of female inventors, but also on the number of women who work in the patent system in various roles, such as patent agents, patent examiners and controllers.

“Generating and publicising gender focused data on the percentage of women in the field of innovation and IP should be the first step in identifying the challenges faced by them in the system. It can provide policymakers with the necessary guidance to make surgically precise policies,” she said.

Talking about the challenges faced by women relating to IPR in the country, Justice Kohli said that women face unique challenges in securing and protecting their intellectual property rights in India such as gender bias, discrimination at workplace and lack of awareness and education concerning IPRs.

Emphasizing that there is hope for a brighter future despite the challenges, the judge said that addressing gender biases and stereotypes in intellectual property is crucial to promoting gender equality and ensuring that women creators have equal opportunities to succeed.

“This includes changing societal norms that limit participation by women in the workforce, addressing biases in the legal system and providing access to resources and support for women creators,” she said.

Justice Kohli also said that there is a growing movement towards promoting diversity and inclusivity in the workplace, creating a more level playing field for women. She added that companies are now realising the immense value that the women bring to the table and are actively promoting female innovators and entrepreneurs.

“Currently, there is greater availability of legal resources and support for women seeking to secure and protect their intellectual property rights. Law firms and legal organisations are increasingly focused on providing women with the tools and resources they need to navigate the complex world of IPR. This empowers women to protect their ideas and innovations and promotes greater gender equality and inclusivity within the legal profession. The Indian government has also set up specialised intellectual property cells to provide legal resources and support to women,” the judge said.

She further said that artificial intelligence is rapidly transforming various sectors of the society, including the intellectual property regime and that using it to protect and promote women's intellectual property rights can lead to more efficient, accurate and fair outcomes for women creators.

“AI can be used to detect and prevent intellectual property infringement, which is a significant concern for women creators who often lack the resources to monitor and enforce their rights. AI-powered tools can help identify potential violations and alert women creators to take appropriate action. AI-powered tools can guide and support women creators, streamlining the registration process and making it more accessible through automation. However, while AI can provide numerous benefits in protecting and promoting women's intellectual property rights, it is not a universal panacea. AI algorithms can also reproduce biases and discrimination, especially if the underlying datasets are biased. Therefore, it is critical to ensure that AI is used ethically in promoting and protecting women's intellectual property rights,” Justice Kohli said.