Beyond the Bare Act: Re-Imagining Intellectual Property Pedagogy

Saraswathy Vaidyanathan | pp. 115-124

Abstract:
Driven by rapid technological advancements and cultural shifts, intellectual property (IP) law is in a constant state of evolution. Yet its teaching in Indian law schools remains heavily reliant on rote, statute-based instruction. While autonomous institutions enjoy pedagogical flexibility, a large segment of Indian legal education institutes operates under stagnant, centralised syllabi. The Bar Council of India’s classification of IP as an “optional” paper unintentionally deepens this administrative lethargy. Instead of encouraging agile curriculum design, it leaves the subject tied to outdated reading lists and rigid examination formats. This structural inertia reflects a broader pedagogical crisis across the Global South, mirroring similar issues in India’s STEM education, where practical training is strictly siloed from substantive theory. Inside the classroom, this outdated structure meets the reality of modern law students. Shrinking attention spans and growing uncritical dependence on generative artificial intelligence (AI) models mean passive lectures are no longer sufficient. Informed by industry interactions and experiential learning frameworks, this commentary outlines practical interventions to bridge the theory-practice gap. It details instructor-led simulations, specifically a lifecycle pedagogy and case study methods for formative real-time assessment. By shifting the classroom from a space of memorisation to that of active simulation, educators can ensure that IP pedagogy finally reflects the spirit of innovation that IP law is designed to protect.

Keywords: Intellectual property law, legal pedagogy, Global South, comparative education, AI in education, Bar Council of India