The history of intellectual property (IP) is filled with people who have contributed their ingenuity to improve the life and well-being of societies around the world. Like the history of anything, that of IP has also counted on the fundamental contribution of women designers, entrepreneurs, authors, and inventors.
Women making IP
Starting with a fashion designer who was also an avant-garde entrepreneur, Italian Elsa Schiaparelli founded the House of Schiaparelli, which she ran between the 1930s and early 1950s. Her designs, which featured one of the earliest uses in fashion of the now ubiquitous wrap dress, celebrated Surrealism and were known for their unconventional and artistic themes, alongside the use of signature colours like the well-known “shocking pink”.
If we go from fashion to graphic design and contemporary women designers, Finnish illustrator Lotta Nieminen is for example the one responsible for designing the set of monthly header illustrations for Google’s current Calendar app and also the visual identity of beauty and lifestyle brand Eadem, which specifically caters for the modern woman of colour pushing against preconceived cultural stereotypes.
Women have been also pivotal to the advancement of the creative arts. If we think of literature, the recently released list of “The 100 Best Books of the 21st Century” by The New York Times lists all women as the authors of the top 3 books: Italian Elena Ferrante (My Brilliant Friend), American Isabel Wilkerson (The Warmth of Other Suns), and British Hilary Mantel (Wolf Hall).
Literature is not an isolated example. If we take a look (or, rather, a listen!) at music, the 2024 edition of the IFPI Global Music Report lists Taylor Swift at the top of the Global Artist Chart 2024 and her album The Tortured Poets Department at number 1 of the Top 10 Global Albums 2024 rankings.
Last but certainly not least, women have been also pivotal to the advancement of technical and scientific fields. For example, British nurse and embryologist Jean Purdy played a key role in the successful development of in vitro fertilization (IVF) and the birth of the first baby conceived this way in 1978. Austrian-born actress Hedy Lamarr is credited as the inventor of what today we call Wi-Fi: she got a patent for her secret communication system in 1942.
Women thriving from their IP too?
Even by considering the very limited examples above, it is clear that women have been instrumental to advancements in several fields. Yet, the path has not always been an easy one for them to walk through.
For example, after her fashion house was closed down in 1954, Schiaparelli’s legacy faced an unfortunately long oblivion, until the brand – which inter alia today encompasses several EU trade mark and design registrations (including trade mark and design rights for one of its most iconic jewellery pieces ) – was revived in the 2010s.
Turning to the arts, one can think of the attempts that have been made to unveil Elena Ferrante’s “real” identity and thus violate her decision to publish her works under a pseudonym. And even though Taylor Swift is a global superstar, she has received criticism because, at 30+ years of age, she is still an unmarried and childless woman, thus allegedly representing a negative role model (!).
The experiences of Jean Purdy and Hedy Lamarr are equally telling: Purdy’s contribution to the breakthrough in IVF techniques was overlooked for a long time, admittedly also because of her gender. It was thanks to the insistence of her fellow researchers, Robert Edwards and Patrick Steptoe, that her contribution was eventually acknowledged, although a long time after her passing. As to Lamarr’s patent: she offered her invention to the U.S. Navy, but they rejected it and advised her to invest her time selling war bonds instead.
How does the present (and the future) look like
Are things any different today? Although substantial progress has occurred in several respects, studies published by multiple IP offices suggest that the full resolution of the challenges that women specifically face in IP remains a long way away. The gender gap is still substantial, having regard to key aspects such as pay and career advancements, but also – concerning IP – filing activity.
Initiatives aimed at enhancing diversity, equity and inclusion have been and remain important. The European Union Intellectual Property Office (EUIPO) is also committed to play its part in all of this, for example by promoting various initiatives aimed at enhancing gender equality, diversity and inclusivity. Among the priority impact areas of the recently released Strategic Plan 2030 there is for example to ensure the accessibility to the EU IP system. This goal is meant to be achieved inter alia by developing target programmes to increase the participation of underrepresented groups in the IP system, including women.
When societies leave women behind or unduly discard the value of their contributions, they miss out on a vast pool of talent and creativity. And so does the IP system. This is something that we cannot and should no longer want to afford.