THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN THE EDTECH INDUSTRY

This article is written by Khushboo Bharti of BALLB (Hons) of 2^nd Year of  Institute of Law, Jiwaji University, Gwalior.

Abstract^[1]

An essential idea is the quest of knowledge and the appreciation of ideas. In order to balance the rights of intellectual creators with the requirements for access, copyright tries to preserve such rights. The legal restrictions around the use of technologies have grown more intricate as their usage has increased and their manufacturing has gotten more sophisticated. It may be challenging to follow the law when using information technology, especially with the emergence of interactive social media, more resource sharing, and the expansion of chances for distant learning. Either way, leaders and other educators need to understand the key components of copyright laws and regulations pertaining to technology. An overview of fair use and copyright legislation for educational research is given in this chapter. It describes many choices for sharing and producing intellectual property, and lists administrative steps taken to ensure copyright observance. An essential idea is the quest of knowledge and the appreciation of ideas. In order to balance the rights of intellectual creators with the requirements for access, copyright tries to preserve such rights.

Keywords

Legal rights, copyright, Effect industry, patents, Coursera, Copyright, trademarks, slogans, Khan Academy, Duolingo.

Introduction^[2]

IPR are legal rights granted to creators and inventors for their original creations in form of writings, art, designs, inventions, slogans, logos, and commercial images among others. In the context of the constant and fast-evolving EdTech industry, innovation and protection of digital content, through the help of IPR, are essential to create and sustain competitiveness. This paper aims at understanding the relevance of IPR in edtech industry and discovering how and what form of intellectual property protection has covered innovations and learning resources. The Education Technology industry commonly referred to as ,EdTech has transformed the education experience in terms of delivery, accessibility and usage. EdTech is an advanced method of learning that has adopted the use of technology in educating students; it has revolutionized traditional learning techniques by providing non-conventional solutions that are customized, cost effective and easily accessible. This industry covers many technologies such as learning management systems, learning software, virtual class, virtual lesson, virtual/immersive simulations, and learning. The reasons for development of EdTech have remained high demand for flexible learning, need for professional development, and technological development. EdTech solutions have the following advantages: the absence of the need for a teacher’s physical presence; focusing on individual learning styles; the provision of an opportunity for schooling to learners in distant or unserved areas. These technologies have also benefited educators through offering them refreshing ways and strategies of teaching that make the teaching business a lot more engaging with the learners. For this reason, EdTech has grown rapidly, with especially increased funding from both the public and private domains. The legal restrictions around the use of technologies have grown more intricate as their usage has increased and their manufacturing has gotten more sophisticated. It may be challenging to follow the law when using information technology, especially with the emergence of interactive social media, more resource sharing, and the expansion of chances for distant learning. Either way, leaders and other educators need to understand the key components of copyright laws and regulations pertaining to technology. An overview of fair use and copyright legislation for educational research is given in this chapter. It describes many choices for sharing and producing intellectual property.

Types of Intellectual Property Relevant to EdTech

Copyright ^[3]

Copyright acts as a fundamental regime for the protection of original works of authorship which include but not limited to textbooks, online courses, videos, software, and all forms of content that is in digital space. In the EdTech industry, copyright means assignment of one’s exclusive ownership of an item that cannot be reproduced or distributed without his permission. Copyright is particularly widely used by producers of educational platforms and content to protect their expenditures on the creation of effective educational materials. For example, commercial online tutoring entities, such as Khan Academy or Coursera, make use of copyright to safeguard all the vast collections of educational videos and course materials. Copyright is one of the first forms of IP protection that are paramount in the functioning of the EdTech business. It protects the rights of creators on their original Works which may be literary artistic or intellectual. Intellectual property rights or more specifically copyright protection in EdTech refers to different type of contents that is chiefly educational videos, e-books, software code, online course, and multimedia contents. This protection means that the creators of those works are ensured the right to regulate the usage and dissemination of their work, this contracts the incentive they have to create more educative materials.

Trademarks

They refer to distinctive symbols and words used in defining products and services in the market over on Look smart. Trademarks are important in the EdTech industry for the creation of brand recognition and brand image. They help the consumers to be able to identify as well as make distinction between different educational products/ services so that they develop faith in the brand. Trademark protection also prevent counterfeit products and the company reputation is also safeguarded well. Namely, Coursera uses a trademarked logo and brand name as its integral part that helps recognize the company and establish itself on the market . Trademarks are one of the categories of IP that has a very major influence to the Education Technology (EdTech). They safeguard commercial symbols that comprise brand names, logos, and slogans, and other symbols that are used to individualize one’s goods or services from those of others. Considering that the EdTech market is currently one of the most saturated and dynamically developing markets, trademarks play a critical role in the formation of brand awareness, consumers’ trust, and the reputation of the companies and products they provide. This paper aims at identifying the role, components, issues of protection, and management of trademarks as applied in the EdTech industry.

Patents ^[4]

Patents are a protection of inventions and technology through assigning inventors the exclusive rights to monetize on their technological creations for a specific time. Within the EdTech sector, patents may relate to virtually anything from an algorithm used in a piece of software, to games, educational aids or elements of how content delivery occurs. Ventures being innovative in offering their services have made sure they patent the novel ways of offering the services, and this applies to Duolingo as they have patented the concept of using games to teach the language .Patents are one of the most essential kinds of legal protection of inventions that allow creator to exploit it exclusively during a certain period of time. Patents are crucial guidelines in protecting innovative technologies as well as stimulating further advancement of solutions in the EdTech industry. They safeguard a wide range of inventions such as the instructional software, the instructional hardware, learning interfaces, and techniques of virtual teaching. It also serves as a motivation to encourage innovation and other corporations protect their interests and obtain strategic positions in the market. Patents are used as a strong motivation for creation granting inventors the full and exclusive control of using, making and commercializing the inventions for an agreed time – 20 years from date of filing. This exclusivity also means that through adequately developing good technologies, the EdTech companies can get enough market for their product hence making it financially feasible to invest in research and development. Lack of patents can make organizations to lack incentive to invest heavily in the development of new innovative products since the competitors can imitate and sell the products at a cheaper price without having incurred the development cost. It also helps new and the smaller EdTech firm to penetrate the market through patents as a source of competition. Proprietary technologies can captivate the interest of investors and partners, which helps the startups expand and begin to contend properly.

Trade Secrets^[5]

Trade secrets include any information that is not publicly known that substantiates a business’s operations, like Brand Pet Supply Co. ’s algorithms or clients’ database. Gardening trade secrets is crucial to entrenching EdTech firms uniqueness and ensuring that it does not relay on competitors by providing them with vital information. Many international companies, including Pearson, heavily dependent on the protection of their data analysis tools and algorithms, which forms their GIS. Trade secrets are another important category of the IPRs; they include any kinds of information that are not publicly known and provide a competitive benefit. Trade secrets, on the other hand, do not need protection with the help of formal registration which is based on the fact that the information must remain secret. In the case of EdTech firms, trade secrets amount to legal secrets, personal, digital or otherwise from its business competitors by excluding; algorithms, business strategies, technical know-how and other information. Preserving information that belongs to a particular enterprise or business is important in monopolizing on the information or in preventing it from falling into the wrong hands. They consist of any information and/ or data which are not publicly available and which has commercial value because of certain confidentiality that is attributed to it. Thus trade secrets in the context of EdTech companies can encompass a large spectrum of knowledge.

The Role of Intellectual Property Rights in EdTech: Copyright and Piracy Concerns of the Content and the Courses

Legal rights that pertain to Edtech include the right to intellectual property because courses, contents, and other materials created by the institution, its instructors, or other content developers will need legal protection especially in digital forms. The following rights include copyrights, trademarks, patents, and trade secrets, which effect a critical function of encouraging innovation, offering protection, and maintaining quality and economic interests.

Copyrights concern original items that may be educational videos, e-books, software, or online courses. They provide the right for reproduction, distribution, and display on those works, which motivates the provision of materials and help sustain high quality educational provisions. Nonetheless, digital piracy poses certain difficulties that require intense methods such as digital rights management (DRM).

Trademarks protect brand names or labels, symbols, mottos or devices that firms use to create a brand awareness and a reputation in a competitive environment. They facilitate consumers to differentiate between any available educational aids and materials. However, owning a trademark is not without its fairness including; infringement and counterfeiting of logos hence the need for registration, monitoring, and enforcement.

Patents apply to software applications, hardware gadgets, and approaches in education. They award the inventors a monopoly for a period of up to 20 years so as to foster investment on research and development. However, the process of getting a patent involves many complications and tend to be quite expensive, problems in enforcing the patent and the cases of international protection.

Information that is not available publicly, products, or processes are classified as trade secrets which include algorithms and strategies. Another difference is that they cannot be registered, their main principle is based on the confidentiality. The general idea of trade secrets entails adequate security and constant monitoring to ensure that they are not disclosed by anyone. Protection is valid for an unlimited time, but they are susceptible to independent finding and reverse analysis.

Therefore it will be pronounced that the IPR plays an important role in protecting the interest and innovation of digital content and course material and safeguarding the quality and authenticity of the Educational technology industry. Maestro of decrees in relation to copyrights, trademarks, patents, and secrets in a manner contributes to the creation and sustainability of digital education technologies.

Brand Protection and Market Differentiation

Robust trademark protection helps the EdTech market create and defend proper brand positions in a very competitive environment. Protection of trademarks enables the consumers to distinguish one educational product or service provider from the other, thus developing brand recognition and trust. EdTech platforms use trademarks to generate trust and recognition with the target users which is critical to the success of the business. Competent brand protection also helps to prevent the circulation of fakes and unauthorized exploitation of brand values to maintain the company’s image. Brand protection and differentiation is especially essential in the EdTech industry since it means job protection and growth of a competitive and already overrun niche, as well as, consumer reliability. Trademark, as one of Intellectual Property Rights (IPR), poses a critical component to these endeavors. Trademarking protects figures that specifically belong to a certain company, including names, figures, words, some graphic representations, and slogans through legal rights through which the owner is protected against other competitors and people who may use similar trademarks and may confuse buyers or were trying to cut down on the uniqueness of the mark. It is crucial to be legally protected in order to keep brands safe and guarantee that customers can easily distinguish educational equipment and materials’ origin. Brand protection goes a step further than mere registration to entail the constant lookout for any misuse of the registered brand and legal measures to stop the misuse instantly. As a member of the EdTech industry, consumers are highly concerned about the educational quality and reliability of products, it is very important to keep a solid and positive image of the brand. This is done by the regular delivery of high-quality products, quick and efficient support and polite and truthful communication. Market differentiation on the other hand, entails the process of distending a firm’s product or service from those of the competitors to obtain a special market position. There is therefore a great emphasis on trademarks to provide this differentiation on behalf of the company and create a brand that is easily recognizable in the market. Besides, the issue of trademark has its way of developing differentiated products, which can be seen with innovation which is protected via patents and copyrights for educational technologies and methods. For instance, a business that designs an adaptive learning algorithm can for this use patents to safeguard this idea however, can also use a logo that is exclusive to their method of educating learners. Moreover, superior customers’ interactions, including easy-on-eye and convenient interfaces, self-formational paths, and customer care could also contribute separately toward the vision of a completely different company. Since EdTech firms have expanded to the international level the issue of the adaptation of the strategies of brand protection, or brand differentiation to the realities of the country in which they operate, arises. This not only relates to registration of marks in different countries but also to adaptation of branding features to the local culture and perception. Adherence to such local peculiarities can help to strengthen brand attraction and relevance and to provide the boosted market presence in the various regions.

Technological Innovations and Patents

Patents are the public legal privileges granted to inventors to use technological innovations as only their property. In the EdTech industry patents cover software developments, aids in education as well as new techniques in presenting education. Firms that apply for patents of their inventions like the interactive learning platform and the adaptive tools limit their rivals from copying strategies by giving them an added advantage due to patent protection. Through patent protection, there is a guarantee that investors will continue to fund research hence enhancing the advancement of technology in the EdTech sector.

Proprietary Information and Trade Secrets^[6]

This is a very important area of concern especially for EdTech companies because protecting trade secrets is critical for the companies to guard important information that can make their companies unique. Trade secrets include methods, designs, relationships with the customers, and other details that create the competitive advantage and streamline the company’s processes. Through enforcing the protection of trade secrets, EdTech companies guarantee the important business information to be protected from revelation or utilization by rivals. Strong protection of trade secrets promotes the further development of new technologies and innovations, which help to outline the further development strategies in EdTech sustainability .

Challenges in Enforcing IPR in the EdTech Industry^[7]

Digital Piracy and Copyright Infringement

The major issue that threatens the EdTech sector is the problem of piracy when the content of educational materials is unauthorized copied, distributed, or shared. The protection of copyright within the online environment poses many challenges and is a time and capital consuming process in which copyright holders have to constantly patrol the environment, identify and legally pursue violators of copyright. Thus, it can be stated that educational platform providers and content publishers should develop complex technological solutions and implement strict anti-piracy regulation measures to protect their content from piracy efficiently.

Global Reach and Jurisdictional Issues

^[8]Another concern with IPR is that the internet is a global network hence poses a concern when implementing the laws and policies of one jurisdiction in another who has different laws and policies formulation and implementation. It was ascertained that EdTech companies functioning globally are confronted with various legal and international structures as well as treaties to ensure effective IP protection. One of the major headings of jurisdictional problem solving is that international relationships, foreign-ordered captures and diplomacy are required to fight against IPR infringement around the global level .

Balancing Access and Protection ^[9]

Although the rights of the owners must be upheld in order to encourage innovation investment in the EdTech space but there should also be provisions for education content. Pursuant to this section, aggressive enforcement of IPRs hinders the availability of inexpensive education content and instruments especially in the less developed part of the world. Such a balance that supports the development of innovation must be achieved by the EdTech companies in partnership with policymakers with regards to supporting the policy of provision of equitable access to resources for learning by learners .

Fees and Dispersion of IPR Management^[10]

The handling of IPR is often expensive and complicated for the EdTech startups and small firms, as it involves huge amounts of money and legal knowledge of IPR laws and their enforcement. Patent, trademark, or copyright procurement expenses, litigation costs to protect or assert infringement rights can be expensive and limit cash flow to aspects of organizational effectiveness. Concerning the costs, issues of strategic planning, proper prioritization of IPR investments, and ways to freely leverage the existing IPR assets would be critical for controlling costs and on the other hand, for maximizing the value of IPR in the EdTech industry .

Case Studies

Khan Academy^[11]

Curriculum, videos, and exercises included in the MIT-affiliated Khan Academy, a non-profit educational resource, depend on the protection of copyright. Holding copyrights means that Khan Academy guarantees that the produced materials will be available for learners from all over the world, with no one being able to use the materials for commercial purposes of sell them .

Coursera ^[12]

From the lecturing of this case, Coursera an online learning platform that deals with Education Technology uses trademarks in order to create and assert its market mark. There are specific logos and brand names for identification of the company products as Coursera and these create confidence among users across the world hence positions the firm a trusted firm dealing in online courses and certificates . This online learning platform called Coursera is also a user of Intellectual Property Rights whereby it protects the course material, features of the platform, and the brand. The rights of ownership of course contents developed by the instructors and the partner institutions like the video lessons, reading materials, and quizzes are protected by copyrights. Proprietary features of the technology used in the Coursera such as the platform and the data-based individual learning tools could be protected under patents. Trademark protection is relevant for a company when it needs to shield its proper name and emblem to make itself stand out among rivals within the EdTech market. Coursera must therefore take common measures that would ascertain that it has a collection of unique educative material, encourage innovation and keep off counterfeit and unprotected educative material from the market space.

Duolingo ^[13]

An example of a company that has recently begun protecting its innovations for the language learning market is Duolingo which has patented its language learning application that is based on the use of games and other advanced technologies. However, patents guard Duolingo’s invented processes and techniques from emulation or duplication by competitors that may impact Duolingo’s dominance in the language-learning niche of EdTech market . For example, Duolingo that is one of the most successful apps to learn languages uses Intellectual Property Rights to safeguard its algorithms, as well as the designs of its user interfaces. Patents are essential to protect Duolingo’s core differentiating technology in its gamification strategy and adaptive lesson plans. Copyrights relate to the portions of the creation, including those pertaining to exercises and language modules so that these serve as most suitable and relevant references for education without anyone else’s permission. Trademarks enhance trademarks recognition and distinctive branding for Duolingo hence assist in its positioning in the market and users’ loyalty. Thus, gaining legal protection for its ideas, Duolingo can improve constantly and offer a stable and distinct service to its consumers.

Pearson ^[14]

Pearson a global company involved in learning uses trade secrets in its data analysis tools and models in assessment of educational systems and personalized learning. Trade secrets protect Pearson’s competitive advantage by limiting the disclosure of business-information and innovations with the help of non-disclosure agreements within EdTech operating industry . The company that provides educational material such as text books, other multimedia and assessments, Pearson utilizes Intellectual Property Rights to safeguard a broad portfolio of educational content. Thus, Pearson protects cutting-edge technologies in teaching and assessment that can improve the results of education. They are crucial in protecting the works included in its textbooks and other digital products to guarantee that Pearson’s materials created are not copied without proper authorization. Trademarks are important so that Pearson can easily keep its markets unique and reliable. Through asserting these rights, Pearson can/should engage in the research of new products in education as well as sustaining the quality of created products, which in its turn allows it affect global education.

Conclusion

Legal affairs refer to Intellectual Property Rights as essential in the EdTech industry to engender the requisite legal protection over digital content consumers, brand identity, advanced technologies, and other sensitive business data. Despite such obstacles as digital piracy, complicated juridical borders, and the quest for an optimal combination of open access and sufficient intellectual property rights protection, solid IPR promotion stimulates inventions, strengthens competition, and provides high-quality educational resources globally. Policing and protection of the EdTech IP rights, therefore, becomes a paramount need as the sector deepens and broadens as a result of the intensified need to cater for the learning of learners to their full potential without compromise.

References

1. Educational Technology and Intellectual Property https://www.researchgate.net/publication/345597944_Educational_Technology_and_Intellectual_Property Visited on 22/07/2024
2. Role of intellectual property rights in Higher education https://facultyblog.sandipuniversity.edu.in/role-of-intellectual-property-rights-in-higher-education/#:~:text=IPR%20allows%20for%20the%20commercialisation,job%20creation%20and%20societal%20progress. Visited on 22/07/2024
3. Intellectual Property Rights on the Development and Use of Digital Materials https://www.slideshare.net/slideshow/intellectual-property-rights-on-the-development-and-use-of-digital-materials/23714452 Visited on 22/07/2024
4. Intellectual Property Rights In eLearning https://elearningindustry.com/intellectual-property-rights-in-elearning Visited on 22/07/2024
5. Importance of Intellectual Property Rights in FinTech Industry https://legal.economictimes.indiatimes.com/news/opinions/importance-of-intellectual-property-rights-in-fintech-industry/106521912 Visited on 22/07/2024
6. Edtech intellectual property and licensing: The Power of IP: Leveraging Intellectual Property in the Edtech Startup Ecosystem https://fastercapital.com/content/Edtech-intellectual-property-and-licensing–The-Power-of-IP–Leveraging-Intellectual-Property-in-the-Edtech-Startup-Ecosystem.html Visited on 22/07/2024
7. The Role of Intellectual Property in Indian Education https://www.lawpret.com/the-role-of-intellectual-property-in-indian-education/ Visited on 22/07/2024
8. Importance and Types of Intellectual Property Rights (IPR)https://www.geeksforgeeks.org/importance-and-types-of-intellectual-property-rights-ipr/Visited on 22/07/2024
9. Patenting Pedagogy? https://www.insidehighered.com/news/2016/01/15/explaining-khan-academys-patent-application-ab-testing-educationVisited on 22/07/2024
10. Duolingo: learning a new language with an AI owl https://www.wipo.int/wipo_magazine/en/ip-at-work/2022/duolingo.html Visited on 22/07/2024
11. Pearson source LinkedIn https://www.linkedin.com/company/pearsonVisited on 22/07/2024
12. Coursera source Google https://www.insidehighered.com/news/2014/03/18/if-mooc-instructor-moves-who-keeps-intellectual-property-rights  Visited on 22/07/2024
13. Edtech regulatory and legal issues: Intellectual Property in Edtech: Protecting Your Innovations https://fastercapital.com/content/Edtech-regulatory-and-legal-issues–Intellectual-Property-in-Edtech–Protecting-Your-Innovations.html Visited on 22/07/2024
14. Global reach and jurisdiction http://eaaid.eu/accueil/global-reach-and-jurisdiction/ Visited on 22/07/2024

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^[1] Educational Technology and Intellectual Property https://www.researchgate.net/publication/345597944_Educational_Technology_and_Intellectual_Property Visited on 22/07/2024

^[2] Role of intellectual property rights in Higher education https://facultyblog.sandipuniversity.edu.in/role-of-intellectual-property-rights-in-higher-education/#:~:text=IPR%20allows%20for%20the%20commercialisation,job%20creation%20and%20societal%20progress. Visited on 22/07/2024

^[3] Intellectual Property Rights on the Development and Use of Digital Materials https://www.slideshare.net/slideshow/intellectual-property-rights-on-the-development-and-use-of-digital-materials/23714452 Visited on 22/07/2024

^[4]Intellectual Property Rights In eLearning https://elearningindustry.com/intellectual-property-rights-in-elearning Visited on 22/07/2024

^[5]Importance of Intellectual Property Rights in FinTech Industry https://legal.economictimes.indiatimes.com/news/opinions/importance-of-intellectual-property-rights-in-fintech-industry/106521912 Visited on 22/07/2024

^[6]Edtech intellectual property and licensing: The Power of IP: Leveraging Intellectual Property in the Edtech Startup Ecosystem https://fastercapital.com/content/Edtech-intellectual-property-and-licensing–The-Power-of-IP–Leveraging-Intellectual-Property-in-the-Edtech-Startup-Ecosystem.html Visited on 22/07/2024

^[7] https://fastercapital.com/content/Edtech-regulatory-and-legal-issues–Intellectual-Property-in-Edtech–Protecting-Your-Innovations.html Visited on 22/07/2024

^[8] http://eaaid.eu/accueil/global-reach-and-jurisdiction/ Visited on 22/07/2024

^[9] The Role of Intellectual Property in Indian Education https://www.lawpret.com/the-role-of-intellectual-property-in-indian-education/Visited on 22/07/2024

^[10] Importance and Types of Intellectual Property Rights (IPR) https://www.geeksforgeeks.org/importance-and-types-of-intellectual-property-rights-ipr/ Visited on 22/07/2024

^[11] https://www.insidehighered.com/news/2016/01/15/explaining-khan-academys-patent-application-ab-testing-education Visited on 22/07/2024

^[12] Patenting Pedagogy? https://www.insidehighered.com/news/2016/01/15/explaining-khan-academys-patent-application-ab-testing-education Visited on 22/07/2024

^[13] Duolingo: learning a new language with an AI owl https://www.wipo.int/wipo_magazine/en/ip-at-work/2022/duolingo.html Visited on 22/07/2024

^[14] Pearson source LinkedIn https://www.linkedin.com/company/pearson Visited on 22/07/2024

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