Equality between women and men is among the foundational values of the European Union (EU) and its Member States. Along these lines, the EU Charter of Fundamental Rights prohibits any form of discrimination, including sex-based discrimination. That same legislation also recognizes the protection of intellectual property (IP) as a fundamental right. What is thus the current place and role of women within the IP field? Can IP contribute to achieving equality and a more inclusive society?
Famous women in IP
Throughout history, women have consistently contributed in very substantial ways to the development of the sciences, technology, culture, and design alike. In so doing, they have also improved our lives and freed up time for other endeavours. To mention but a couple of examples from the scientific field: it was Katalin Karikó, winner of the 2023 Nobel Prize in Physiology or Medicine, who laid the scientific groundwork for mRNA vaccines, while Claude Grison developed a method for decontaminating polluted soils with plants extracting the metal elements thereof. In the technical sector, it was Lillian Gilbreth who invented the foot pedal trash bin and the electric food mixer out of concern for greater efficiency in homemaking; similarly, it was a 19-year-old woman, Mary Phelps Jacob, who invented the bra still used today by women all around the world. In the field of industrial design, Maria Benzkton, recipient of the DesignEuropa Awards (DEA) Lifetime Achievement, is regarded as a pioneer of inclusive design that considers human factors, aims for independence, and serves the people.
Women have also played a pivotal role in shaping IP laws, whether as judges, examiners at IP offices like the European Union Intellectual Property Office (EUIPO), policy- and law-makers, academics and commentators on IP matters, or practitioners working in law firms and in-house. All that said, things remain challenging, both for women creating IP and those working in this field.
The challenges of women making and working in IP
Starting with women making IP and, specifically, female designers, a recent study published by the EUIPO on Women in Design highlights not only the persistent gender gap in the world of design within the EU (only 24% of designers are female), but also the pay gap between women and men, with the former earning 12.8% less on average than the latter. The gap in representation is also evident in EUIPO filings for registered Community designs, where only 21% of designs registered by EU-based owners had at least one woman designer in the same year. From a global perspective, the World Intellectual Property Organization (WIPO)’s published statistics highlight how, in 2022, women accounted for around 21% of listed designers in global industrial design applications found in the WIPO’s Global Design Database. While that figure has doubled since 2001, WIPO estimates that parity with men is not expected until 2099 at current rates.
A comparable situation is found in the patent field too. A 2022 study of the European Patent Office shows how, in that year and despite the situation having improved compared to the past, less than 1 in 7 inventors in Europe were female. From a global perspective, a 2023 WIPO study notes how only about 13% of inventors listed in international patent applications are women.
Things are also challenging for women working in the IP professions. Despite regular rankings that rightly celebrate women in IP and their successes, the numbers show the need for substantive progress yet to be made. For example, a 2017 study realized at the request of the European Parliament concluded that, in law, women’s full and equal participation with men remains elusive, with all this being also proven by the gap in numbers between women in entry level positions vis-à-vis senior roles within any branch of the legal profession, including law firms and the judiciary.
What can be done?
The EUIPO has been promoting various initiatives aimed at promoting gender equality and supporting women: for example, the Office participated in the Girls Go Circular initiative (aimed at teen-age school girls and promoting the importance of sustainability and the principles of the circular economy) and organized an IP training in the context of the 2023 Women and Girls in STEM Forum (meant to inspire and support future generations of women innovators). The soon-to-be-adopted Strategic Plan 2030 is also expected to encompass initiatives aimed at promoting female representation and women’s leadership role in the IP world.
From a broader perspective, a growing focus on diversity and inclusion, including in the IP system, can also ensure that underrepresented groups can contribute and benefit. By not fully leveraging the contributions of half of the population, the world's economies miss out on a wealth of ideas, creativity, and innovation, which are crucial for driving growth.
All that said, the full realization of gender equality requires (serious) intervention at multiple levels. Education, the realization of the existence of and removal of personal and societal bias (for example, when recruiting and promoting staff), empowerment in the form of initiatives and culture that allow one to reconcile professional and personal responsibilities, mentoring opportunities and support networks, visibility of female role models that can inter alia inspire younger generations are all necessary ingredients for meaningful and successful progress. To allow women to be protagonists in the world, including that of IP, we all need do something – whether it is at home, at school, in the workplace, or in the broader society. Indeed, to create, design, invent and achieve professional realization, a woman will always need – first and foremost – Virginia Woolf’s famous room of one’s own.