The IP Lounge: Adding a queer lens to IP law

Academic Eden Sarid joins us for a special Pride Month episode to discuss the intersection of queer expression and IP law, Patagonia v Pattie Gonia, and how both queer and AI-generated creations pose novelty concerns.In the US, UK, and other places around the world, June marks Pride Month, a month-long recognition of the LGBTQIA+ community.To mark this celebration, Managing IP’s senior reporter, Sanjana Mishra, sat down with Dr Eden Sarid, lecturer at King’s College in London.In this episode, Sarid talks through his academic article, ‘A Queer Analysis of Intellectual Property’ where he explores why IP law is not neutral and often excludes queer communities.He shares that queer innovators, including fan fiction artists, drag queens, and queercore subcultures, are not afforded the same IP protections that heteronormative creators enjoy, often because of sex-negative and queer-negative attitudes in court.Sarid believes that IP law structures do not need a complete dismantling to account for queer creators; rather, they need to be reimagined.IP law can be more inclusive, he says, by adopting a ‘bottom up’ approach and providing greater tools, opportunities, and power to queer innovators, allowing for an environment where queer expression and IP law thrive simultaneously.Additionally, Sarid discusses the Patagonia v Pattie Gonia trademark case in the US, which has sparked plenty of debate.He speaks about why IP lawyers and corporates will be monitoring the case to determine how to approach lawsuits with drag queens who use pseudonyms that are similar to brand company names.