In defining the process of inclusion, UNESCO[1] emphasises that it seeks to ensure that we all have equal opportunities to participate and contribute to our communities, regardless of our individual or social characteristics.

With globalisation, the imperative of equal opportunities and universal access to services is gaining momentum. Innovation and Intellectual Property emerge here as fundamental axes to materialise this inclusion. In particular, the design of accessible products for people with disabilities has become relevant. Every day, solutions are sought to eliminate barriers for people with functional limitations, whether in vision, hearing, or mobility. The lack of accessibility, often a consequence of inadequate design, becomes an obstacle, even a risk for them in their daily interaction.

Examples of inclusive innovation highlight the value of creativity aimed at overcoming these limitations. One of them is the designer Shabtai Hirshberg, who witnessed how a child with crutches refused help from a physical therapist when he tried to mount a tricycle and his leg got caught on the seat. Mr Hirshberg then decided to spend the following months to make a tricycle for disabled children that even provides rehabilitation solutions. [2]

Another example is the patent that the Superintendence of Industry and Commerce granted to the invention that allows the separation of the legs of people with immobility due to muscular stiffness in the lower limbs, who depend on a third party to open their legs when going to the toilet and also to wash themselves, which gives them independence and privacy in such a personal moment, also facilitating their transport, washing and autonomous handling. [3]

From the international regulatory field, we have an example in the Marrakesh Treaty[4] of 2013, approved in Colombia by Law 2090 of 22 June 2021, which seeks to relax the rules that protect copyright to provide access to printed materials in accessible formats to blind and visually impaired people, or who find it difficult to handle or hold a text, without requesting authorisation from the author or owner and without disrupting the balance between copyright and the rights of said beneficiaries. In this way, intellectual property is not an obstacle to access to culture. These are exceptions to the right of reproduction, distribution and making accessible material available to the public. It should be noted that at the same time, Colombia had already moved in the same direction with Law 1680 of 2013.

Likewise, the Colombian Ministry of Science, Technology and Innovation and the Presidential Council signed the pact “For the inclusion and care of people with disabilities”, which seeks to promote the development of research, technological development and innovation projects that look for solutions to the needs and problems faced by people with disabilities. [5]

It is evident that progress has been made in the creation of different strategies so that people with disabilities can access different activities according to their needs. Likewise, the need to continue innovating and searching for solutions that facilitate the lives of people with disabilities is also highlighted.

For this reason, and along the same lines of inclusion, brands are investing in advertising that reflects diversity, equity and inclusion in order to attract customers and increase their consumer base. Diversity has been shown to benefit organisations by presenting new perspectives that consumers can relate to, creating meaningful connections. [6] As mentioned in a 2019 global study conducted by Adobe, “Most Americans (61%) find diversity in advertising important and 38% said they are more likely to trust brands that show more diversity in their ads.  WPP also notes that in 2022, consumer trust was higher for brands that represent ethnic minorities in their advertising with 79% versus 60% for white respondents.”[7]

Therefore, innovating with a focus on inclusion not only fosters a more equitable and representative environment, but organisations also benefit by increasing the value of their brand and assets. This creates a favourable impact that drives organisations to continue investing in inclusion.

A leading case in inclusive innovation is Rory Cooper, founder of the Human Engineering Research Labs at the University of Pittsburgh and Paralympian, who has driven innovation for people with disabilities, from the invention for “ergonomic push rims (a patented technology that reduces upper extremity pain and injury in wheelchair users), on wheelchairs to robots to assist with lifts and transfers, home automation and prosthetics”[8]. This has been achieved with the help of human engineering, “a way to get technology and engineering involved in healthcare and community participation, and to remind everyone that people with disabilities are people.” [9]

Cooper’s work highlights how innovation can be born out of personal experiences and a deep understanding of the needs of people with disabilities, reminding us that behind every invention is a commitment to transform lives.

Today, technology is an essential tool for improving the autonomy of people with disabilities. Depending on each case, it may be necessary to use hearing aids, implants, screen readers, glasses, etc. According to data from the World Health Organization, more than 2.5 billion people in the world need at least one assistive product, a figure that supports the need for continuous innovation in this field to optimise the quality of life of those who use them. Thus, both the private sector and governments face the challenge of promoting research and development of devices that increase employment and educational opportunities for people with disabilities.

Moreover, technological progress does not only benefit people with physical, visual or hearing impairments. Inclusive designs also contribute to improving the quality of life of the elderly population, a growing segment according to demographic studies. One prominent example is German kitchen manufacturer Alno, “a new kitchen for older customers focusing on bringing kitchen furniture closer to the user, thus avoiding bending down. The result is a fluid kitchen, My Way, which uses an electronic tracking system to allow cabinets, appliances and even the sink to adapt to the user. At the touch of a button, the kitchen worktop can be raised or the hob can be lowered to the height of a wheelchair.”

These adaptive designs not only optimise the usability of spaces for the elderly, but also demonstrate the importance of inclusive innovation for society as a whole, as we will all face the challenges of old age at some point.

Intellectual Property (IP) plays a strategic role in this inclusive environment, offering IP rights holders economic benefits by granting exclusivity for the exploitation of their accessible and differentiated technologies.  By addressing the needs of underserved markets, such as those of people with disabilities, IP rights holders gain revenue opportunities and a competitive advantage. These IP rights also strengthen their brand image and boost strategic collaborations with social impact funds, thereby maximising the economic and reputational benefits of their inclusive commitment.

In conclusion, inclusive innovation and accessible product design have become fundamental pillars of contemporary society, underpinned by the strategic value of intellectual property. The latter provides organisations with the tools to sustain and expand their investments in inclusive solutions, creating a virtuous circle in which inclusion, applied to various spheres – social, cultural, people with disabilities and the elderly – drives not only a fairer environment, but also sustained economic growth and the strengthening of the brands that lead these developments.

Finally, integrating inclusion into innovation processes not only directly benefits people with disabilities and the elderly, but also builds a more equitable and diverse society at all levels.  By strengthening the role of intellectual property in this area, organisations are encouraged to develop products and technologies that respond to diverse needs, contributing to a global community where every individual finds representation and access. Proper strategic management of these assets becomes a key ally in maximising the impact and sustainability of these inclusive initiatives.

[1] UNESCO. (2005). Guidelines for Inclusion: Ensuring Access to Education for All. Paris: United Nations Educational, Scientific and Cultural Organization.

[2] https://www.wipo.int/wipo_magazine/en/2009/05/article_0009.html

[3] https://www.itm.edu.co/noticias-principales/nueva-patente-de-invencion-que-mejorara-la-calidad-de-vida-de-personas-en-situacion-de-discapacidad/

[4] https://www.wipo.int/treaties/en/ip/marrakesh/

[5] https://minciencias.gov.co/sala_de_prensa/firman-pacto-para-mejorar-acceso-poblacion-con-discapacidad-programas-ciencia-y

[6] https://www.wipo.int/wipo_magazine/es/2023/04/article_0010.html

[7] https://www.wipo.int/wipo_magazine/es/2023/04/article_0010.html

[8] https://www.wipo.int/wipo_magazine_digital/es/2021/article_0007.html

[9] https://www.wipo.int/wipo_magazine_digital/es/2021/article_0007.html

Written by: Stephanie Ortiz Rey, Junior Lawyer – Colombia