Andrew Martinez explores the far-reaching impact of pro bono intellectual property (IP) services in an article titled "The Global Influence of Pro Bono Intellectual Property Work" featured in the ABA's Magazine.
Despite reservations among lawyers about providing pro bono IP services due to concerns about liability and marketing objectives, Andrew Martinez contends that there are deserving clients with international legal requirements who can greatly benefit from such services.
Andrew Martinez identifies several challenges to the implementation of global pro bono IP services. Lawyers often display risk aversion, fearing potential malpractice liability arising from pro bono activities. The decentralized nature of licensing also complicates cross-border pro bono work. These difficulties were further exacerbated during the COVID-19 pandemic when more attorneys began working remotely from jurisdictions where they were not licensed. Furthermore, many lawyers seek pro bono opportunities that appear particularly philanthropic, and some perceive IP work as not directly aiding disadvantaged individuals, thus considering it non-philanthropic.
Nevertheless, Andrew argues that trademarks, patents, and copyrights are not merely tools for profitability. They can be utilized to raise funds for humanitarian causes or prevent the sale of unsafe products, among other philanthropic applications. Even if pro bono IP services are not directly provided to disadvantaged individuals, social enterprises can benefit from such services and employ their saved costs and IP rights in philanthropic endeavours.
The article presents two case studies that exemplify the global impact of pro bono IP services. The first case study examines Shimmy Technologies, a company employing artificial intelligence to assist apparel workers in developing new skills in light of ongoing automation. The company experienced the benefits of pro bono IP work, which aided in protecting its inventions, copyrights, and trademarks as it expanded into new countries. The pro bono assistance also granted the company peace of mind, enabling it to focus on product development and the implementation of up skilling programs.
The second case study centres around Be Girl, a social enterprise dedicated to providing culturally appropriate and affordable sanitary supplies. The founder, recognized the importance of obtaining a patent for her invention and leveraged a pending patent application to enhance her fundraising efforts. As Be Girl grew, it continued to receive pro bono assistance, expanding its patent portfolio and trademark registrations. This extended portfolio facilitated discussions with major players in the sanitary supplies market and enabled Be Girl to advocate for the safety and affordability of sanitary supplies before their release.
In conclusion, Andrew underscores the positive global effects of offering pro bono IP advice and services. Numerous well-intentioned enterprises could benefit from pro bono IP assistance, and many of these potential clients possess cross-border legal needs. Companies like Shimmy and Be Girl were able to pursue their goals of up skilling workers and advancing female education worldwide with the aid of pro bono IP support.