The possibility of Intellectual Property education through PBL (Tatsuyuki SUEMUNE)
I do not think there are many things in the world that do not change, but I feel that many things are changing at a particularly dizzying pace these days. I had always thought that prices were something that ‘even if they fell a little, would hardly change at all,’ but[1] I have recently realized that this may not necessarily the case[2]. Even in the intellectual property law community, just as the topic of the "metaverse" was brought up, the [3]topic of artificial intelligence (AI) represented by ChatGPT and other companies is attracting a lot of attention, including the general public[4], and even in the past few years, the speed of change in the world and the need to respond quickly and accurately to it are strongly felt.
I believe that education at universities is also being constantly reviewed due to changes in social conditions and expectations and requests from various sides. The most notable change in the past few years has been the increase in online classes and hyflex classes in response to the spread of the coronavirus infection. Even after the social restrictions imposed by infectious disease control measures were greatly eased in May last year[5], online classes and hybrid classes will continue to be a common option for class formats. In addition, it seems that various efforts are being made on how to effectively incorporate the spread of AI.
Furthermore, apart from the direct response to these changes in social conditions, I often hear stories about the introduction and practice of PBL in my surroundings. It seems that this "PBL" can include two things: "Problem-Based Learning" and "Project-Based Learning", and there are various theories about their definition and use of them. It is sometimes described as a learning method in which experience and knowledge are gained in the process of making an effort[6]. A possible pattern in practice is, for example, receiving an assignment (theme) from a cooperating company, and the student discovers or sets a specific problem and takes [7]concrete measures to solve it. As a result of PBL, I think that there are many cases where video works and some kind of deliverables (teaching materials, slides, picture-story shows, etc.) are produced. These deliverables may be protected under intellectual property laws such as copyright law, and PBL may be said to be an opportunity for "intellectual property education[8]." Of course, it may be a place for intellectual property education in the sense of not infringing on the rights of others in the process of creating deliverables. However, it seems to me that its aspect as an opportunity to learn about intellectual property from the perspective of a "creator" attracts more attention. Assuming the actual pattern described above, it is possible to assume that (1) a third party, such as a cooperating company, will be involved and the third party will want to use the deliverables, and (2) it may be assumed that the deliverables will be created or improved over multiple years or in a continuous manner even if the person in charge of the course changes[9]. In addition, as is clear from the definition of PBL, (3) deliverables are not at all constant, and various things can be expected, such as video works and product packaging, so I think it is necessary to keep in mind the interplay of the rules regarding the authorship of film works and the discipline of multiple related intellectual property laws. Although it may not be realistic for the person in charge of the class to deal with the processing of intellectual property-related rights related to these matters alone, if appropriate support is received from experts such as lawyers and patent attorneys, I think it can at least be an opportunity to learn about the laws and practices related to these[10] matters.
If PBL is also an opportunity to learn about intellectual property from the perspective of a "creator," copyright law will contribute to the acquisition of an "inner perspective"[11]. However, due to the involvement of third parties such as cooperating companies, there may be a possibility that expression may be excessively restricted in the name of "prevention of intellectual property infringement risk" due to the prevention of "flaming" and thorough "excessive" compliance, even though it is actually a legal act in the general interpretation. If this happens, it will be a mistake, so I think we need to be very careful[12]. However, I think that the "chasing of the two rabbits" of carrying out the original tasks of PBL and implementing IP education may also enhance the significance of PBL.
My personal challenge to university education is the introduction of PBL, and I am already scratching my head, but I am sure that there will be many changes in the world in the future, so I would like to take a positive view and work hard instead of being at the mercy of it. We would be grateful for your guidance and help.
[1] The March 2001 Monthly Economic Report (https://www5.cao.go.jp/keizai3/getsurei/2001/0316getsurei/image1.html) defined "persistent price decline" as "deflation" and stated that "the Japan economy is currently in moderate deflation." as is commonly understood. In the December 2013 "Monthly Economic Report" (https://www5.cao.go.jp/keizai3/getsurei/2013/12kaigi.pdf), it was mentioned that "the situation is no longer in deflation" and "Basic Policy on Economic and Fiscal Management and Reform 2014" (June 2014), p. 1 (https://www5.cao.go.jp/keizai-shimon/kaigi/cabinet/honebuto/2014/2014_basicpolicies_01.pdf) states, “Price trends are no longer in a deflation.” Since then, it has been occasionally referred to as "a situation that is not deflationary" (the Cabinet Office's definition of "overcoming deflation" is "no prospect of returning to a situation in which prices have fallen sustainably."). I'm not sure when I became sensible to a certain extent, but I think it would be either "deflationary" or "in a situation where it has not been officially declared as overcome" since at least elementary school.
[2] Just to be sure, I'm an amateur, so I'm just saying things like "the price of lettuce in the supermarket is higher than before", "the price of pork per gram is...", "the price of PET bottled beverages in vending machines seems particularly high", and so on (I'm not talking about general prices at all).
[3] OpenAI released ChatGPT in November 2022, but it seems to be widely used in various situations in daily life in just over a year.
[4] It was reported in newspapers that the Legal System Subcommittee of the Copyright Subcommittee of the Council for Cultural Affairs compiled a report on "Thinking on AI and Copyright" (March 15, Reiwa 6), and that an interim outline draft was presented at the "Intellectual Property Rights Study Group in the Age of AI" (6th meeting) of the government's Intellectual Property Strategy Headquarters. There seems to be a lot of interest from the general public.
[5] As is well known, from May 8, 2023, the status of new coronavirus infections under the Infectious Diseases Act has been changed from "new influenza and other infectious diseases" to "category 5 infectious diseases" (Ministry of Health, Labour and Welfare, "Measures after the transition of new coronavirus infections to Category 5 infectious diseases" https://www.mhlw.go.jp/stf/corona5rui.html). At the time of writing this article (March 26, 2024), it is surprising that it has not even been a year since the changes, but social life feels significantly transformed. (although from March 2023, the decision to wear a mask was basically left to the discretion of the individual).
[6] I referenced the definition in the dictionary of terms in the "University Portrait" of the Private School Promotion and Mutual Aid Corporation I referenced the definition from the glossary (https://www.shigaku.go.jp/p_dic_t017.htm, confirmed on March 26, 2024).
Yoshio Sugiyama, "Problems and Possibilities of PBL in University Education" (Kyoto University Ph.D. Thesis, 2022), pp. 3, 37, states that Problem-Based Learning has been practiced mainly in the medical field and Project-Based Learning has been practiced mainly in the engineering field. It is defined as a learner-centered pedagogical approach in which learners themselves set tasks from problems and proceed with learning with actions aimed at activating and consolidating knowledge and improving self-directed learning ability.
[7] As an example, I would like to cite the PBL initiative between the Certify Copyright Certification Committee and the Faculty of Global Integrated Sciences, Yamaguchi University (https://www.sikaku.gr.jp/bc/pbl/, confirmed on March 26, 2024).
[8] If anything, it may be closer to "intellectual property creation education" than "intellectual property education". For these differences, see Tatsuhiro Ueno, ed., Copyright Guide for Educational Sites and Researchers (Yuhikaku, 2021), pp. 202-204 [Ryu Kojima].
[9] In the context of relatively long-term industry-academic collaboration projects, there are instances where the student in charge does not remain within the same academic year but is succeeded by students from the same grade in the following year or years. An example of this can be seen in the 15th Research and Case Study Presentation of the Kansai-Chugoku and Shikoku Branch of the Kansai-Chugoku and Shikoku Branch of the Industry-Academia Collaboration Society (Tottori Prefectural Lifelong Learning Center, December 7, 2023) (Preliminary report confirmed http://www.b150.j-sip.org/meeting/15th-2023/M15-proc/M15-12.pdf, March 26, 2024).
[10] Tomohisa Kimura, “The Effect of Cultivating Rights Management Ability through Research Aimed at Solving Real-world Problems," Nikkan Kogyo Shimbun, September 24, 2020 (https://newswitch.jp/p/23938). In relation, see also Eriko Onuki, "Learning by Creating Copyright - Experiential Learning for Teachers and Students, A Record in Hyogo" (Private Character Painting Supplementary Fund Management Association, 2007), especially pages 42-44.
[11] Yoshiyuki Tamura, "Legal Education and Copyright Law: The Conflict with Laissez-faire as a Bias Correction of Bias in the Policy-Making Process," Jurist No. 1404 (2010), p. 41. (Regarding the "internal perspective," p. 40 states, "When a law arouses a willingness to recognize the validity of the content of a norm and comply with it, even in the absence of external elements such as sanctions, such a law is said to have acquired an 'internal perspective' as well." Note: Footnotes have been omitted in this citation. ）
[12] In addition, from the standpoint of evaluating the significance of "the reality of not actually being prosecuted" as a means of correcting bias in the policy-making process, it is pointed out that it is harmful for copyright education to excessively ensure compliance with norms as stated in the text of the article (Tamura, supra, note 11 pp. 40-41).