Innovation and IP in challenging times: a moral dilemma?
Alasdair Poore
T
hese are times that no-one will forget. But how each person will remember them will be strikingly different depending on their circumstances – except that all will remember the commitment given by those on the front line of protecting people from the impact of Covid-19. My heartfelt gratitude goes to those in the National Health Service, those caring in the community, in essential shops and other essential services from collecting our rubbish to running the country, as well as to those who have to keep the wheels of commerce functioning, and who have been willing to expose themselves to risk to keep life for the rest of us reasonably functional. My sympathy goes to those not fortunate enough to have space and company to allow them to manage without continuing challenges. I believe the same is felt by our largely fortunate profession many of whom are able to continue working at home, and I hope they are able to lend support both to the less fortunate in our profession and to the wider community in moving forward.
Business as usual?
It is easy to forget while this crisis is on, that there is still the ordinary day job – significantly transformed – and the work still has to be done. The broadcast media is saturated with Covid news, mostly UK Covid news – and Covid politics. Little else manages to creep around the edges. Of course making adjustments to protect a business from the impact of Covid-19 is essential. I was seconded as general counsel to the Science Museum when the crisis surfaced but, if it is still possible to do it, the day job still has to go on. That is whether it is making 4
widgets or selling food or delivering healthcare or teaching or, in the case of IP professionals, advising on and protecting intellectual property. And that includes in respect of innovations driven by the Covid crisis. One effect of Covid-19 is that society is facing very significant challenges over a very short period of time. This is a major driver for innovation, in terms of putting new ideas into practice or dusting off old ideas and putting them into play to meet the demands of the crisis – on a larger scale or just because
preventing the spread of Covid-19. Many of the challenges are ones related to operating in an environment adapted to address the risk of transmission of the disease. One example is videoconferencing, and most are agreed that the experience of widespread use of videoconferencing is likely to have a lasting impact on many if not all businesses – an impact that will be relevant as far afield as climate change, as many businesses are expected to trim their travel budgets with effective videoconferencing2.
There is a considerable amount that IP practitioners can do to help businesses confront the issues of protection. more capacity is needed. We have already seen the Ventilator Challenge1 with some exciting ideas put forward and some older processes re-purposed. We have seen the challenges in the life sciences field: testing, evaluation of old treatments in the new setting, and the development of new treatments, to name a few, all at a pace, which was unthinkable only a few months ago. People in their backrooms with old sewing machines, to their front rooms filled with 3D printers, to major businesses, all have devoted their time and skills to designing and making face masks and other PPE. Challenges are not restricted to ones directly related to treating or
Online meetings
Until very recently video conferencing was something that many businesses used internally, but when it came to dealings with outsiders or multiple parties there was a marked degree of trepidation. All too often they had experiences of not getting it to work or breakdowns in situ. Now the necessity of working at a distance has transformed the way we work, with Zoom, Skype, Microsoft Teams and more. The change is illustrated well by two of my recent experiences. Last year I was at a court hearing at which the other party requested to attend by telephone. The applicant was allegedly bedridden. When it came to the hearing,
CIPA JOURNAL JUNE 2020
www.cipa.org.uk
