DE&I

No One-Size-Fits-All Solution

Diversity, equity, and inclusion is a global concern, but solutions need to be tailored to countries, sectors, and practices to be most effective, Alex Baldwin finds.

The issue of diversity, equity, and inclusion (DE&I) is important regardless of your location, but what exactly makes a business, government body, or legal firm inclusive differs drastically depending on the region.

While many in the United States and Western Europe may have a relatively similar expectation of what DE&I means, it is vital to look at the global landscape, including unique issues faced by marginalized groups around the world.

Organizations globally are paying more attention to DE&I issues. According to PwC’s “Global Diversity and Inclusion Survey,” 76 percent of organizations worldwide say that addressing DE&I issues is a value or priority.

While many large firms are now opening up and sharing their own DE&I figures, the diversity at senior levels leaves room for improvement. According to INTA’s “IP Law Firms of the Future Think Tank Report,” these statistics remain below that seen in senior leadership roles in other sectors.

Gender Disparity

Perhaps the most widely discussed DE&I topic, gender disparity is generally an issue in legal offices the world over.

Even when women break through the ranks and enter senior positions, the reality is that clients in some regions will refuse to work with them.

In Turkey, “it is not easy for a female-founded attorney to find clients,” said Yasemin Kenaroğlu, founding partner of Kenaroğlu Avukatlık Bürosu (Turkey). “We are expected to stay one step back. To be accepted, we are expected to lose our femininity when dealing with male clients in Turkey.”

Ms. Kenaroğlu noted that attitudes have changed in the country over the past decade, unfortunately moving toward a more conservative and oppressive view of gender roles, sexuality, and identity.

“Turkey was on its way to becoming Westernized, but it has instead shifted to become more influenced by religious principles. This has had an effect on the courts and their practitioners. The law and legislation are not the problem: it is the culture and attitude,” she said.

There is a similar situation in many countries in Africa, according to Daniel Reis Nobre, managing partner at Inventa International Angola (Angola).

Inventa’s Nigerian and Mozambique directors are women, and “they have lost clients because of this,” he said. “Sexual harassment is also prevalent. If female attorneys are sent to a client’s office, they generally need to be accompanied by male escorts.”

“Being able to rely on facts and prove what is being claimed is essential.”
Joana Siqueira, Montaury Pimenta, Machado & Vieira de Mello (Brazil)

‘Scientific Racism’

In Brazil, Black people make up 55.8 percent of the population, but the country, along with others in the South American region, still suffers from deep-rooted racial disparity and inequality.

Research by the Center for Studies of Labor Relations and Inequalities (Brazil), published in 2019, found that only 1 percent of lawyers at the nine biggest law firms in the country were Black.

Brazil imported the largest number of slaves in the region (between 4.9 and 5.5 million) and was the last country of the Americas to make slavery illegal in 1888. Following the outlawing of slave ownership, Brazil had no formal laws on segregation and no state support to help provide housing, jobs, or education to former slaves.

According to Joana Siqueira, a partner at Montaury Pimenta, Machado & Vieira de Mello (Brazil), “The population was fed ‘scientific’ racism which stated that ‘the whiter the better.’ Strangely enough, inter-race relationships were not forbidden, although clearly, the intention was always to have a lighter-skinned child.”

Echoes of the country’s race division persist today, she said.

Issues with Illness

Another major workplace issue that impacts DE&I is public health, especially in certain regions with high numbers of widespread endemic diseases such as HIV/AIDS, malaria, and tuberculosis.

In Africa, for example, people with these illnesses can face difficulties finding job opportunities, including in white-collar professions such as law.

Close to 7 percent of people aged 15 to 49 in East and Southern Africa live with HIV, representing 20 million people in the region, according to data from Avert (UK). For context, there are a total of 34 million people living with HIV/AIDS worldwide.

Noting that AIDS specifically is a massive problem in Africa, Mr. Nobre said, “If someone has it, or other diseases such as tuberculosis or malaria, they generally have to hide it from their employer.”

He added that ill-founded fears about the potential for spreading such diseases through the workplace can result in the loss of a job for someone with the illness.

“Do not expect staff to self-identify their gender or come forward about mental health issues of their own volition.”
Rachel Li-Mei Tan, Rouse (Hong Kong SAR, China)

A Criminal Offense

Another serious regional issue is acceptance of LGBTQ2+ individuals in Asia: several countries, including Malaysia, Singapore, and Sri Lanka, currently outlaw homosexuality.

In Malaysia, this is currently being challenged, with the country’s top court ruling that the ban was unconstitutional. But the country, and many others in the region, are still a way off from openly accepting LGBTQ2+ lawyers.

Rachel Li-Mei Tan, principal, Rouse (Hong Kong SAR, China), said: “You have to bear in mind that the law comes first—same-sex sexual relations remain a criminal offense in many Asian countries.”

She explained that Asia is home to 60 percent of the world’s population, “encompassing a rich range of people, ethnicities, and secular or deeply religious societies, the majority of which are steeped in culture and tradition.

“However, the socioeconomic landscape of each country is different, and within each country, there can be vast disparities in attitudes to same-sex relationships between states, as well as cities compared to rural areas.”

“The IP industry represents a truly global workplace. How that translates into a diverse and inclusive workplace is different and depends essentially on the leadership of each organization.”
Daniel Reis Nobre, Inventa International Angola (Angola)

Changing the Tides

Addressing what legal teams can do to help diversify their workforce, Ms. Siqueira suggested that legal teams look inwards to understand “how each firm is composed” and where it falls short when it comes to racial, sexual, and gender disparity.

“Results must be achievable, measurable, real, and significant. You will be evaluated internally and externally, so being able to rely on facts and prove what is being claimed is essential. Once it is genuine it will echo in society,” Ms. Siqueria suggested.

It is also crucial that DE&I bodies established at law firms should not be created to “show off,” she noted, adding, “It has to be true in order for the impact of what you are doing to echo outside of the practice.”

Such homegrown DE&I efforts can have a measurable impact across the world. Loreto Bresky, national director of the Chilean National Institute of Intellectual Property (INAPI) (Chile), cited a concrete example of the influence burgeoning DE&I networks can have beyond their borders.

He explained that INAPI is focusing on the inclusion of gender perspectives into the IP system. In this context, in June, the IP Offices of Chile, Colombia, Costa Rica, and Peru with the support of the World Intellectual Property Organization (as an honorary member), established the Latin American Network of Industrial Property and Gender. Its mission is to promote gender equity and reduce the inequality gap, as well as to facilitate the exchange of best practices and information among countries, and strengthen the gender agenda in IP.

“With the aim to generate a greater impact in the region,” Mr. Bresky said, “the network commenced a process of promotion and expansion. This has led to the IP Offices of Argentina, Ecuador, the Republican Dominican, and Uruguay joining our network.”

When it comes to kickstarting an organization’s own DE&I Initiatives, Ms. Tan offered a few words of advice.

“Start by forming a clear DE&I policy applicable to all staff. Do not expect staff to self-identify their gender or come forward about mental health issues of their own volition,” she said.

“Offer all staff the same benefits, including marriage leave, spousal insurance, parental leave. Finally, conduct DE&I activities that are open to all staff, rather than singling out groups, lest others feel they should not participate in such events.”

The road toward creating a more DE&I-friendly workplace starts with individuals, but the impact they have can stretch beyond the firm and even the country.

“The IP industry represents a truly global workplace,” said Mr. Nobre. “How that translates into a diverse and inclusive workplace is different and depends essentially on the leadership of each organization.”

For more on this topic, attend the panel session Diversity, Equity, and Inclusion: No One-Size-Fits-All Solution (today, November 15, 3:15 pm–4:15 pm EST).

Moderator: Joana Siqueira, partner, Montaury Pimenta, Machado & Vieira de Mello (Brazil)

Speakers:

  • Loreto Bresky, national director, Chilean National Institute of Intellectual Property (INAPI) (Chile)
  • Yasemin Kenaroğlu, founding partner, Kenaroğlu Avukatlık Bürosu (Turkey)
  • Daniel Reis Nobre, managing partner, Inventa International Angola (Angola)
  • Rachel Li-Mei Tan, principal, Rouse (Hong Kong SAR, China)

Video courtesy of Envato Elements / Pablo Lagarto

2021 INTA Tomorrow’s Leader Award

INTA’s 2021 Tomorrow’s Leader Award recognizes burgeoning professionals who, in their short tenure, have already made their mark in the IP sector.

This year, INTA has chosen three professionals to receive the prestigious award: Giulia Maienza, associate at Herbert Smith Freehills LLP (Italy); Pedro de Abreu Campos, attorney at law at Di Blasi, Parente & Associados (Brazil); and Agnese Gerharde, associate at COBALT (Latvia).

Ms. Maienza, who has worked at Herbert Smith Freehills for nearly four years, is a rising star in IP protection with myriad pro bono efforts to her name, including helping to secure IP rights for a UK-based magazine that creates opportunities for homeless people and an Italian radio station operated by adolescents.

In only two years of practicing IP law, Mr. Campos has litigated across copyright, trademarks, and patents, as well as offering up several pro bono services of his own. Most notably, he helped martial arts nonprofit organization Fight for Peace protect its trademarks. He has published books and magazines on various IP issues such as geographical indications, trade secrets, amendments to Internet and copyright laws, and more.

Lastly, INTA has recognized Ms. Gerharde for her versatile and passionate work across IP protection, transactions and enforcement in the information technology field. Some of the highlights of her short career include providing assistance on IP matters for Latvia’s COVID-19 contact tracing mobile app, and the Latvians Abroad Museum and Research Centre.

Giulia Maienza, associate at Herbert Smith Freehills LLP (Italy)

Pedro de Abreu Campos, attorney at law at Di Blasi, Parente & Associados (Brazil)

Agnese Gerharde, associate at COBALT (Latvia)

Monday, November 15, 2021

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