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125-496: In the years following World War II, Ireland began moving towards a more open economic model, away from the old model characterised by import substitution industrialisation . As part of this wider push, the Minister for Industry and Commerce at the time, Daniel Morrissey , proposed the creation of a body to advise the government on industrial policy . The Industrial Development Authority was created to fill this role in 1949. Throughout

250-580: A neo-classical counter-revolution in Africa through Structural Adjustment Programmes (SAPs) from 1981. The new economic consensus blamed the low growth rates on excessive protectionism in the industrial sector, the neglect of exports, and the low agricultural productivity. For the IMF and the World Bank , the solution to the failure of import substitution was a restructuring of the economy towards strict adherence to

375-424: A neoliberal model of development throughout the 1980s and the 1990s. In 2014, customs duties were applied on imported products in the food sector. Russia has considerably reduced its food imports, and domestic production has increased considerably. The cost of food imports dropped from $ 60 billion in 2014 to $ 20 billion in 2017, and the country enjoys record cereal production. Russia has strengthened its position on

500-499: A "bias" by confusing these monopolies with ownership of limited physical things, likening them to "property rights". Stallman advocates referring to copyrights, patents and trademarks in the singular and warns against abstracting disparate laws into a collective term. He argues that, "to avoid spreading unnecessary bias and confusion, it is best to adopt a firm policy not to speak or even think in terms of 'intellectual property'." Similarly, economists Boldrin and Levine prefer to use

625-516: A base from which to sell into Europe, Despite other features, some commentators see Ireland as a base for U.S. multinationals to shield themselves from the pre-TCJA “worldwide” tax system (Ireland is sometimes described as a corporate haven ). U.S. multinationals aside, Ireland's main attractiveness is for life sciences manufacturing, who have an optimal combination of intellectual property and tangible assets to use Ireland's main IP-based BEPS tool ,

750-448: A breach of civil law or criminal law, depending on the type of intellectual property involved, jurisdiction, and the nature of the action. As of 2011, trade in counterfeit copyrighted and trademarked works was a $ 600 billion industry worldwide and accounted for 5‍–‍7% of global trade. During the Russian invasion of Ukraine , IP has been a consideration in punishment of

875-432: A chronic shortage of skills which pervades not only the small manufacturing sector but the entire economy and the over-loaded government machine." Tanzania, for example, had only two engineers at the beginning of the import-substitution period. The skills shortage was exacerbated by the technological deficiencies facing African states throughout industrialisation. Learning and adopting the technological resources and skills

1000-592: A coherent economic model aligned with their political interests. The culmination of the political and economic issues necessitated the adoption of ISI, as it rejected the colonial neo-mercantilist policies that they believed had led to underdevelopment. For leaders of post-colonial African nations, it was imperative for their economic policies to represent an ideological break with the imperialist models of development. To achieve that, some newly independent states pursued African socialism to build indigenous growth and break free from capitalist development patterns. Through

1125-479: A country's economy by the local production of industrialized products by national or foreign investment for domestic or foreign consumption. Import substitution does not mean eliminating imports. Indeed, as a country industrializes, it naturally imports new materials that its industries need, often including petroleum, chemicals, and raw materials. In 2006, Michael Shuman proposed local ownership import substituting (LOIS), as an alternative to neoliberalism . It rejects

1250-472: A development path, multinational corporations occupied a dominant role in the economy, primarily in the manufacturing sectors. Economic historians such as Ralph Austen argue that the openness to western enterprise and technical expertise led to a higher GNP in Kenya than comparative socialist countries such as Ghana and Tanzania. However, the 1972 World Bank ILO report on Kenya claimed that direct state intervention

1375-487: A domestic impetus for ISI. Marxist historians such as Walter Rodney contend that the gross underdevelopment in social services were a direct result of colonial economic strategy, which had to be abandoned to generate sustainable development . Rene Dumont supported that observation and argued that African states were administratively overburdened as a result of colonialism. The initial, unchanged conditions created discontent in states such as Ghana and Tanzania during

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1500-431: A level of development in which they were able to compete in the global market. Those countries adopted free market discourses directed at other countries to obtain two objectives: to open their markets to local products and to prevent them from adopting the same development strategies that had led to the industrialization of the developed countries. As a set of development policies, ISI policies are theoretically grounded on

1625-709: A location which allows easy exporting into Europe, and the ability to tap into European talent in the wake of Brexit, and a 'clustering effect' in certain industrial and business sectors. The IDA is strongly reliant on the U.S. as a source of FDI. There are no non-U.S./non-U.K. firms in Ireland's top 50 firms (by revenue), and only one by employees, the German retailer Lidl. The 14 foreign multinationals in Ireland's top 20 firms are all U.S-based (including tax inversions ). The U.K. firms in Ireland, outside of retailers like Tesco who sell into Ireland (also like Lidl), are pre-2009 after which

1750-402: A lower price. Balancing rights so that they are strong enough to encourage the creation of information and intellectual goods but not so strong that they prevent their wide use is the primary focus of modern intellectual property law. By exchanging limited exclusive rights for disclosure of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive

1875-562: A lower price. Balancing rights so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods' wide use is the primary focus of modern intellectual property law. The Venetian Patent Statute of 19 March 1474, established by the Republic of Venice , is usually considered to be the earliest codified patent system in the world. It states that patents might be granted for "any new and ingenious device, not previously made", provided it

2000-478: A man has a natural and absolute right—and if a natural and absolute, then necessarily a perpetual, right—of property, in the ideas, of which he is the discoverer or creator; that his right of property, in ideas, is intrinsically the same as, and stands on identically the same grounds with, his right of property in material things; that no distinction, of principle, exists between the two cases". Writer Ayn Rand argued in her book Capitalism: The Unknown Ideal that

2125-509: A paradigm shift". Indeed, up until the early 2000s, the global IP regime used to be dominated by high standards of protection characteristic of IP laws from Europe or the United States, with a vision that uniform application of these standards over every country and to several fields with little consideration over social, cultural or environmental values or of the national level of economic development. Morin argues that "the emerging discourse of

2250-438: A patent for five, ten or fifteen years." In Europe, French author A. Nion mentioned propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs , published in 1846. Until recently, the purpose of intellectual property law was to give as little protection as possible in order to encourage innovation . Historically, therefore, legal protection was granted only when necessary to encourage invention, and it

2375-506: A priority. ISI gained a theoretical foundation only in the 1950s, when the Argentine economist and UNECLAC leader Raúl Prebisch was a visible proponent of the idea, as well as the Brazilian economist Celso Furtado . Prebisch had experience running his country's central bank and started to question the model of export-led growth. Prebisch came to the conclusion that the participants in

2500-572: A stage of ISI in which much investment in industry was directed to replace imports. Going further, in his book Kicking Away the Ladder , the South Korean economist Ha-Joon Chang also argues based on economic history that all major developed countries, including the United Kingdom, used interventionist economic policies to promote industrialization and protected national companies until they had reached

2625-410: A two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Generally speaking, it is what makes a product look appealing, and as such, it increases the commercial value of goods. Plant breeders' rights or plant variety rights are the rights to commercially use a new variety of a plant . The variety must, amongst others, be novel and distinct and for registration

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2750-432: Is "indivisible", since an unlimited number of people can in theory "consume" an intellectual good without its being depleted. Additionally, investments in intellectual goods suffer from appropriation problems: Landowners can surround their land with a robust fence and hire armed guards to protect it, but producers of information or literature can usually do little to stop their first buyer from replicating it and selling it at

2875-549: Is a form of right granted by the government to an inventor or their successor-in-title, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process, and generally has to fulfill three main requirements: it has to be new , not obvious and there needs to be an industrial applicability . To enrich

3000-601: Is a trade secret for Coca-Cola .) The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. Because they can then profit from them, this gives economic incentive for their creation. The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property

3125-607: Is amplified by Ireland's mid-range competitiveness in most non-taxation related aspects; the country is usually positively cited for ease of doing business, but other aspects are seen as less successful (see, for example, the Global Competitiveness Report , where Ireland typically places in the 20th-25th world ranking range). In 2015 the Irish government announced a five-year plan for the IDA aimed at accelerating economic recovery in

3250-416: Is an extension of an individual. Utilitarians believe that intellectual property stimulates social progress and pushes people to further innovation. Lockeans argue that intellectual property is justified based on deservedness and hard work. Various moral justifications for private property can be used to argue in favor of the morality of intellectual property, such as: Lysander Spooner (1855) argues "that

3375-401: Is based on the premise that a country should attempt to reduce its foreign dependency through the local production of industrialized products. The term primarily refers to 20th-century development economics policies, but it has been advocated since the 18th century by economists such as Friedrich List and Alexander Hamilton . ISI policies have been enacted by developing countries with

3500-589: Is believed that ISI will allow that. In many cases, however, the assertions did not apply. On several occasions, the Brazilian ISI process, which occurred from 1930 to the late 1980s, involved currency devaluations to boost exports and discouraging imports, thus promoting the consumption of locally manufactured products, as well as the adoption of different exchange rates for importing capital goods and for importing consumer goods. Moreover, government policies toward investment were not always opposed to foreign capital:

3625-645: Is considered similarly high in other developed nations, such as those in the European Union. In the UK, IP has become a recognised asset class for use in pension-led funding and other types of business finance. However, in 2013, the UK Intellectual Property Office stated: "There are millions of intangible business assets whose value is either not being leveraged at all, or only being leveraged inadvertently". An October 2023 study released by Americans for

3750-460: Is created for inventors and authors to create and disclose their work. Some commentators have noted that the objective of intellectual property legislators and those who support its implementation appears to be "absolute protection". "If some intellectual property is desirable because it encourages innovation, they reason, more is better. The thinking is that creators will not have sufficient incentive to invent unless they are legally entitled to capture

3875-486: Is defined as "the dominance of agricultural and mineral activities – in the low-income countries, and in their inability, because of their structure, to profit from international trade." Mercantilist economic theory and practices of the 16th, 17th, and 18th centuries frequently advocated building up domestic manufacturing and import substitution. In the early United States , the Hamiltonian economic program , specifically

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4000-614: Is different from violations of other intellectual property laws, since by definition trade secrets are secret, while patents and registered copyrights and trademarks are publicly available. In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act . The United States also has federal law in the form of the Economic Espionage Act of 1996 ( 18 U.S.C.   §§ 1831 – 1839 ), which makes

4125-432: Is indivisible—an unlimited number of people can "consume" an intellectual good without it being depleted. Additionally, investments in intellectual goods suffer from problems of appropriation—while a landowner can surround their land with a robust fence and hire armed guards to protect it, a producer of information or an intellectual good can usually do very little to stop their first buyer from replicating it and selling it at

4250-653: Is the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement sets minimum international standards for IP which every member of the World Trade Organization (WTO) must comply with. A member's non-compliance with the TRIPS Agreement may be grounds for suit under the WTO's Dispute Settlement Mechanism . Bilateral and multi-lateral agreements often establish IP requirements above

4375-448: Is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. The Anti-Counterfeiting Trade Agreement (ACTA) states that "effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally". Economists estimate that two-thirds of

4500-548: The Central Bank of Ireland has had to replace Irish GDP with modified gross national income (or GNI*). As well as the beneficial use of Ireland's IP-based BEPS tax tools, and a relatively low corporation tax, there remain a range of other reasons for IDA Ireland's successes, including the English-speaking location to tap into European talent in the wake of Brexit, the highly skilled workforce, and 'clustering effect'. With

4625-673: The Dominican Republic , could implement ISI only to a limited extent. Peru implemented ISI in 1961, and the policy lasted until the end of the decade in some form. To overcome the difficulties of implementing ISI in small-scale economies, proponents of the economic policy, some within UNECLAC , suggested two alternatives to enlarge consumer markets: income redistribution within each country by agrarian reform and other initiatives aimed at bringing Latin America's enormous marginalized population into

4750-626: The Four Asian Tigers (Hong Kong, Singapore, South Korea and Taiwan) have been characterized as government intervention to facilitate " export-oriented industrialization ". ISI policies generally had distributional consequences , as the incomes of export-oriented sectors (such as agriculture) declined while the incomes of import-competing sectors (such as manufacturing) increased. Governments that adopted ISI policies ran persistent budget deficits as state-owned enterprises never became profitable. They also ran current accounts deficits , as

4875-609: The Prebisch–Singer thesis , on the infant industry argument, and on Keynesian economics. The associated practices are commonly: By placing high tariffs on imports and other protectionist, inward-looking trade policies, the citizens of any given country by using a simple supply-and-demand rationale substitute the less expensive good for a more expensive one. The primary industry of importance would gather its resources, such as labor from other industries in this situation. The industrial sector would use resources, capital, and labor from

5000-454: The capital allowances for intangible assets scheme (which has an Irish effective tax rate of <3%). A key IDA Ireland target market is Japan, which is a large global source of life sciences manufacturing enterprises, and also has one of the highest corporate tax rates in the world. The IDA has listed managing Brexit as a priority in the coming years. Ireland has been criticised for failing to win substantive London business, and particularly

5125-583: The fair use and fair dealing doctrine. Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services of the other party. In many countries, a trademark receives protection without registration, but registering a trademark provides legal advantages for enforcement. Infringement can be addressed by civil litigation and, in several jurisdictions, under criminal law. Trade secret misappropriation

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5250-458: The nationalization of industry to create jobs and to produce a domestic market for goods while it maintained an adherence to African socialist principles exemplified through the ujamaa program of villagization. The unaffordability of industrial products and increased tensions between managers and settlers of the villages contributed to a "colossal failure" of ISI in Tanzania, leading it to abandon

5375-507: The 1760s and 1770s over the extent to which authors and publishers of works also had rights deriving from the common law of property ( Millar v Taylor (1769), Hinton v Donaldson (1773), Donaldson v Becket (1774)). The first known use of the term intellectual property dates to this time, when a piece published in the Monthly Review in 1769 used the phrase. The first clear example of modern usage goes back as early as 1808, when it

5500-563: The 1940s. That economic model rendered the postcolonial states vulnerable to unstable export prices and failed to promote the diversification of the economy. Postcolonial governments were also sceptical of the reliance on multinational corporations for economic development, as they were less likely to pay taxes and exported capital abroad. Thus, ISI policies were adopted to redirect African economies towards indigenous growth and industrialisation . The underdeveloped political and economic structures inherited across post-colonial Africa created

5625-651: The 1950s to the 1980s. The theories behind Latin American structuralism and ISI were organized in the works of economists such as Raúl Prebisch , Hans Singer , and Celso Furtado , and gained prominence with the creation of the United Nations Economic Commission for Latin America and the Caribbean ( UNECLAC or CEPAL ). They were influenced by a wide range of Keynesian , communitarian , and socialist economic thought, as well as dependency theory . By

5750-418: The 1950s, the IDA established its vision of 'industrialisation by invitation,' one which initiated the low corporation-tax system that remains in place in Ireland today. According to an article in a U.S. law journal in 1984, the IDA is 'probably the most powerful governmental agency in Ireland,' as it 'acts as both coordinator and lobbyist for all matters relating to manufacturing and service industries as well as

5875-609: The Arts (AFTA) found that "nonprofit arts and culture organizations and their audiences generated $ 151.7 billion in economic activity—$ 73.3 billion in spending by the organizations, which leveraged an additional $ 78.4 billion in event-related spending by their audiences." This spending supported 2.6 million jobs and generated $ 29.1 billion in local, state and federal tax revenue." 224,000 audience members and over 16,000 organizations in all 50 states and Puerto Rico were surveyed over an 18-month period to collect

6000-615: The Brazilian industrialization process was based on a tripod that involved governmental, private, and foreign capital, the first being directed to infrastructure and heavy industry, the second to manufacturing consumer goods, and the third to the production of durable goods such as automobiles. Volkswagen, Ford, GM, and Mercedes all established production facilities in Brazil in the 1950s and the 1960s. The principal concept underlying ISI can thus be described as an attempt to reduce foreign dependency of

6125-449: The EU, and which has not entered into force, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement. There are limitations and exceptions to copyright , allowing limited use of copyrighted works, which does not constitute infringement. Examples of such doctrines are

6250-408: The Irish labour-force, and are responsible for 57% of the non-farm economic value-add in Ireland (40% of value-add in Irish services and 80% of value-add in Irish manufacturing). They comprise 14 of Ireland's top 20 firms (including tax inversions ). Key "selling points" have been the young, English-speaking, flexible workforce, a strong educational system, commercially-aware third level institutions,

6375-424: The U.K. changed its tax code (see U.K. transformation ). Up until 2018, the U.S. was one of the last few global jurisdictions not to run a "territorial" tax system (the U.K. switched in 2009–12). Jurisdictions with "territorial" tax systems have separate, and much lower, tax rates for foreign-sourced profits, and companies from such places therefore make less use of Ireland as a base. While the IDA market Ireland as

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6500-504: The US), supplementary protection certificates for pharmaceutical products (after expiry of a patent protecting them), and database rights (in European law ). The term "industrial property" is sometimes used to refer to a large subset of intellectual property rights including patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indications. A patent

6625-460: The United States) but several jurisdictions incorporate infringement in criminal law also (for example, Argentina, China, France, Japan, Russia, South Korea). Copyright infringement is reproducing, distributing, displaying or performing a work , or to make derivative works , without permission from the copyright holder, which is typically a publisher or other business representing or assigned by

6750-495: The adoption of African socialism, leaders such as Kwame Nkrumah , Julius Nyerere , and Leopold Senghor hoped to establish a model of development based around consciencism , an intellectual and cultural revolution; and, most importantly, a big push in industrialization towards rapid development for the continent. One of the main aspects of the big push towards development was the growth of parastatals from 1960 to 1980. The state-owned trading corporations were given control over

6875-417: The aggressor through trade sanctions, has been proposed as a method to prevent future wars of aggression involving nuclear weapons , and has caused concern about stifling innovation by keeping patent information secret. Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder, i.e. from the patent owner. The scope of the patented invention or

7000-548: The agricultural sector. In time, a developing country would look and behave similar to a developed country, and with a new accumulation of capital and an increase of total factor productivity , the nation's industry would in principle be capable of trading internationally and of competing in the world market. Bishwanath Goldar, in his paper Import Substitution, Industrial Concentration and Productivity Growth in Indian Manufacturing , wrote: "Earlier studies on productivity for

7125-428: The body of knowledge and to stimulate innovation, it is an obligation for patent owners to disclose valuable information about their inventions to the public. A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Copyright does not cover ideas and information themselves, only

7250-491: The colonial economic system. The metropolitan governments aimed to offset colonial expenditures and attain primary commercial products from Africa at a significantly reduced rate. That was successful for British commercial interests in Ghana and Nigeria , which increased 20 times the value of foreign trade between 1897 and 1960 because of the promotion of export crops such as cocoa and palm oil . Such economic growth occurred at

7375-729: The consumer market and regional integration by initiatives such as the Latin American Free Trade Association (ALALC), which would allow for the products of one country to be sold in another. In Latin American countries in which ISI was most successful, it was accompanied by structural changes to the government. Old neocolonial governments were replaced by more-or-less democratic governments . Banks, utilities, and certain other foreign-owned companies were nationalized or had their ownership transferred to locals. Many economists contend that ISI failed in Latin America and

7500-590: The controversy, the agreement has extensively incorporated intellectual property rights into the global trading system for the first time in 1995, and has prevailed as the most comprehensive agreement reached by the world. Intellectual property rights include patents , copyright , industrial design rights , trademarks , plant variety rights , trade dress , geographical indications , and in some jurisdictions trade secrets . There are also more specialized or derived varieties of sui generis exclusive rights, such as circuit design rights (called mask work rights in

7625-495: The country, setting a target of 80,000 jobs by 2019 and investing €150 million in a regional property programme. This jobs target was reached in 2017. In its 2019 budget the Irish government allocated an additional €10 million to the property programme to promote regional development. Import substitution industrialization Import substitution industrialization ( ISI ) is a trade and economic policy that advocates replacing foreign imports with domestic production. It

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7750-444: The data. The WIPO treaty and several related international agreements underline that the protection of intellectual property rights is essential to maintaining economic growth. The WIPO Intellectual Property Handbook gives two reasons for intellectual property laws: One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second

7875-491: The design of a building) that signify the source of the product to consumers. A trade secret is a formula , practice, process, design , instrument, pattern , or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors and customers. There is no formal government protection granted; each business must take measures to guard its own trade secrets (e.g., Formula of its soft drinks

8000-414: The early 1960s over the fall in wages and employment opportunities. The unrest culminated in a series of mass strikes and tensions between governments and trade unions. Dissatisfaction with the poor economic progress upon decolonisation made it clear to African leaders that they could no longer rely on rhetoric and tradition to maintain power and could retain the support of their political base only through

8125-520: The end of Elizabeth's reign, however, a patent represents a legal right obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention. demonstrating the evolution of patents from royal prerogative to common-law doctrine. The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown , in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property,

8250-414: The evaluation of propagating material of the variety is considered. A trademark is a recognizable sign , design or expression that distinguishes a particular trader's products or services from similar products or services of other traders. Trade dress is a legal term of art that generally refers to characteristics of the visual and aesthetic appearance of a product or its packaging (or even

8375-501: The exclusive right to their respective writings and discoveries. ' " "Some commentators, such as David Levine and Michele Boldrin , dispute this justification. In 2013, the United States Patent and Trademark Office approximated that the worth of intellectual property to the U.S. economy is more than US$ 5 trillion and creates employment for an estimated 18 million American people. The value of intellectual property

8500-413: The expense of indigenous communities, which had no say over the crops that were produced and retained marginal profits from their agricultural output. That model also expanded monocultures , whose economies were centered on a single crop or natural resource for exports. Monoculturing was prevalent in countries such as Senegal and Gambia , where groundnuts accounted for 85% to 90% of earnings throughout

8625-457: The expense of the agricultural sector, which accounted for 70% of the region's workforce throughout the 1970s. The neglect was detrimental to producers as well as the urban population, as agricultural output could not meet the increasing demands for foodstuffs and raw materials in the growing urban areas. ISI efforts also suffered from a comparative disadvantage in skilled labor for industrial growth. A 1982 World Bank report stated, "There exists

8750-468: The extent of protection is defined in the claims of the granted patent. There is safe harbor in many jurisdictions to use a patented invention for research. This safe harbor does not exist in the US unless the research is done for purely philosophical purposes, or to gather data to prepare an application for regulatory approval of a drug. In general, patent infringement cases are handled under civil law (e.g., in

8875-487: The financial and political means to unify the state apparatus behind an industrialization process. Sub-Saharan Africa's experiment with ISI created largely pessimistic results across the continent by the early 1980s. Manufacturing, which formed the core of the big push towards industrialisation, accounted for only 7% of GDP across the continent by 1983. The failures of the model stemmed from various external and domestic factors. Internally, efforts to industrialise came at

9000-409: The first time in almost 100 years. Import substitution policies might create jobs in the short run, but as domestic producers replace foreign producers, both output and growth are lower than would otherwise have been in the long run. Import substitution denies the country the benefits to be gained from specialisation and foreign imports. The theory of comparative advantage shows how countries within

9125-429: The form or manner in which they are expressed. An industrial design right (sometimes called "design right" or design patent ) protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be

9250-454: The free-trade regime had unequal power and that the central economies (particularly, Britain and the United States) that manufactured industrial goods could control the price of their exports. The unequal powers were taking the wealth from developing countries, leaving them with no way to prosper. He believed that developing countries needed to create local vertical linkages and that they could not succeed except by creating industries that used

9375-742: The full social value of their inventions". This absolute protection or full value view treats intellectual property as another type of "real" property, typically adopting its law and rhetoric. Other recent developments in intellectual property law, such as the America Invents Act , stress international harmonization. Recently there has also been much debate over the desirability of using intellectual property rights to protect cultural heritage, including intangible ones, as well as over risks of commodification derived from this possibility. The issue still remains open in legal scholarship. These exclusive rights allow intellectual property owners to benefit from

9500-680: The global IP regime advocates for greater policy flexibility and greater access to knowledge, especially for developing countries." Indeed, with the Development Agenda adopted by WIPO in 2007, a set of 45 recommendations to adjust WIPO's activities to the specific needs of developing countries and aim to reduce distortions especially on issues such as patients' access to medicines, Internet users' access to information, farmers' access to seeds, programmers' access to source codes or students' access to scientific articles. However, this paradigm shift has not yet manifested itself in concrete legal reforms at

9625-526: The human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents , copyrights , trademarks , and trade secrets . The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of

9750-469: The import-export business as well as the retail-wholesale distribution. That allowed post-colonial states to nationalise industries and retain the profits from their output, rather than allow capital flight to the west through multinational corporations. The growth of African socialism in the pursuit of ISI can be seen in the 1967 Arusha Declaration (Tanzania) in which Nyerere argued that "we cannot get enough money and borrow enough technicians to start all

9875-407: The importance of common trading tariffs in specific parts of the continent and aimed to protect domestic manufacturing from external competitors. Early attempts at ISI were stifled by colonial neomercantilist policies of the 1940s and the 1950s that aimed to generate growth by exporting primary products to the detriment of imports. The promotion of exports to metropoles was the primary goal of

10000-688: The industrial infrastructure.' IDA Ireland has a large global network of branches/offices in the U.S., Europe, and Asia. While IDA Ireland gets its funding from the Irish State (with costs circa €48m in 2017), as an autonomous non-commercial state-sponsored body, it maintains its own independent board and governance. IDA Ireland is authorised to issue grants and financial incentives to firms coming to Ireland (paying out €91 million in 2017). The IDA has been successful in attracting multinationals to Ireland over decades. As of 2018, foreign multinationals pay 80% of all Irish corporate taxes, directly employing 25% of

10125-465: The industrial sector of developing countries have indicated that increases in total factor productivity, (TFP) are an important source of industrial growth". He continued that "a higher growth rate in output, other things remaining the same, would enable the industry to attain a higher rate of technological progress (since more investment would be made) and create a situation in which the constituent firms could take greater advantage of scale economies." It

10250-505: The industrialized goods that they consumed, were prevented from importing because of a sharp decline in their foreign sales, which served as an incentive for the domestic production of the goods that they needed. The first steps in import substitution were less theoretical and more pragmatic choices on how to face the limitations imposed by recession even though the governments in Argentina ( Juan Domingo Perón ) and Brazil ( Getúlio Vargas ) had

10375-486: The industries we need and even if we could get the necessary assistance, dependence on it would interfere with our policy on socialism." The need for indigenous development formed the core of the African socialist vision whereby the state would manage a planned economy to prevent it from being controlled by the free market, which was regarded as a form of neo-imperialism . In line with that economic vision, Tanzania engaged in

10500-470: The information and intellectual goods they create, and thus have more economic incentives to create them in the first place. Advocates of IP believe that these economic incentives and legal protections stimulate innovation and contribute to technological progress of certain kinds. The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property

10625-432: The intention of producing development and self-sufficiency by the creation of an internal market. The state leads economic development by nationalization, subsidization of manufacturing, increased taxation, and highly protectionist trade policies. In the context of Latin American development, the term "Latin American structuralism" refers to the era of import substitution industrialization in many Latin American countries from

10750-416: The interests of political elites may be self-serving, rather than for the good of the nation. That correlates with the theory of neo-patrimonialism , which claims that post-colonial elites used the coercive powers of the state to maintain their political positions and to increase their personal wealth. Ola Olson opposes that view by arguing that in a developing economy, the government is the only actor with

10875-523: The international level. Similarly, it is based on these background that the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement requires members of the WTO to set minimum standards of legal protection, but its objective to have a "one-fits-all" protection law on Intellectual Property has been viewed with controversies regarding differences in the development level of countries. Despite

11000-456: The labors of the mind, productions and interests are as much a man's own ... as the wheat he cultivates, or the flocks he rears." The statement that "discoveries are ... property" goes back earlier. Section 1 of the French law of 1791 stated, "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him

11125-541: The manufactured goods produced by ISI countries were not competitive in international markets, and as the agricultural sector (the sector which was competitive in international markets) was weakened; as a result, ISI countries ended up importing more. ISI policies were also plagued by rent-seeking . ISI is a development theory, but its political implementation and theoretical rationale are rooted in trade theory . It has been argued that all or virtually all nations that have industrialized have followed ISI. Import substitution

11250-551: The mid-1950s, Latin America's economies were growing faster than those of the industrialized West." ISI policies were implemented in various forms across Africa from the early 1960s to the mid-1970s to promote indigenous economic growth within newly independent states. The national impetus for ISI can be seen from 1927, with the creation of the East African and Central African common markets in British and French colonies that recognized

11375-471: The mid-1960s, many of the economists who had previously advocated for ISI in developing countries grew disenchanted with the policy and its outcomes. Many of the countries that adopted ISI policies in the post-WWII years had abandoned ISI by the late 1980s, reducing government intervention in the economy and becoming active participants in the World Trade Organization. In contrast to ISI policies,

11500-487: The model gain from trade, however, this concept has received criticism for its misguided underlying assumptions and inapplicability to modern production. Moreover, protectionism leads to dynamic inefficiency, as domestic producers have no incentive from foreign competitors to reduce costs or improve products. Import substitution can impede growth through poor allocation of resources, and its effect on exchange rates harms exports. Despite some apparent gains, import substitution

11625-405: The model of development. Tom Mboya , the first minister for economic development and planning, aimed to create a growth-oriented path of industrialization, even at the expense of traditional socialist morals. Kenya's Sessional Paper No. 10 of 1965 reinforced the view by claiming, "If Africanization is undertaken at the expense of growth, our reward will be a falling standard of living." Under such

11750-511: The overhaul of the U.S. tax code under the Tax Cuts and Jobs Act of 2017 , and a switch to a "territorial" system, it has been shown the net effective tax rates in the U.S. and Ireland are now almost identical, even with the replacement single malt system still in place (see effect of TCJA on Ireland ). There is a concern whether Ireland will suffer in such an environment, both in terms of keeping existing U.S. multinationals and attracting more. This

11875-522: The precedent of Fascist Italy (and, to some extent, the Soviet Union ) as inspirations of state-induced industrialization. Positivist thinking, which sought a strong government to modernize society, played a major influence on Latin American military thinking in the 20th century. The officials, many of whom rose to power, like Perón and Vargas, considered industrialization (especially steel production) to be synonymous with "progress" and naturally placed as

12000-407: The primary products already being produced domestically. Tariffs were designed to allow domestic infant industries to prosper. In doing so, Prebisch predicted many benefits: dependence on imports would lower, and the country would not be forced to sell agricultural goods for low prices to pay for industrial goods, the income rate would go up, and the country itself would have a strong growth. ISI

12125-449: The principle of Hasagat Ge'vul (unfair encroachment) was used to justify limited-term publisher (but not author) copyright in the 16th century. In 500 BCE, the government of the Greek state of Sybaris offered one year's patent "to all who should discover any new refinement in luxury". According to Jean-Frédéric Morin, "the global intellectual property regime is currently in the midst of

12250-652: The property they have created, providing a financial incentive for the creation of an investment in intellectual property, and, in case of patents, pay associated research and development costs. In the United States Article ;I Section 8 Clause 8 of the Constitution, commonly called the Patent and Copyright Clause, reads; "The Congress shall have power 'To promote the progress of science and useful arts, by securing for limited times to authors and inventors

12375-583: The protection of intellectual property is essentially a moral issue. The belief is that the human mind itself is the source of wealth and survival and that all property at its base is intellectual property. To violate intellectual property is therefore no different morally than violating other property rights which compromises the very processes of survival and therefore constitutes an immoral act. Violation of intellectual property rights, called "infringement" with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be

12500-656: The requirements of the TRIPS Agreement. Criticism of the term intellectual property ranges from discussing its vagueness and abstract overreach to direct contention to the semantic validity of using words like property and rights in fashions that contradict practice and law. Many detractors think this term specially serves the doctrinal agenda of parties opposing reform in the public interest or otherwise abusing related legislations, and that it disallows intelligent discussion about specific and often unrelated aspects of copyright, patents, trademarks, etc. Free Software Foundation founder Richard Stallman argues that, although

12625-703: The strengthening of the IP system and subsequent economic growth." According to Article 27 of the Universal Declaration of Human Rights , "everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author". Although the relationship between intellectual property and human rights is complex, there are moral arguments for intellectual property. The arguments that justify intellectual property fall into three major categories. Personality theorists believe intellectual property

12750-462: The term intellectual property is in wide use, it should be rejected altogether, because it "systematically distorts and confuses these issues, and its use was and is promoted by those who gain from this confusion". He claims that the term "operates as a catch-all to lump together disparate laws [which] originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues" and that it creates

12875-661: The term intellectual property in their new combined title, the United International Bureaux for the Protection of Intellectual Property . The organization subsequently relocated to Geneva in 1960 and was succeeded in 1967 with the establishment of the World Intellectual Property Organization (WIPO) by treaty as an agency of the United Nations . According to legal scholar Mark Lemley , it

13000-403: The theft or misappropriation of a trade secret a federal crime. This law contains two provisions criminalizing two sorts of activity. The first, 18 U.S.C.   § 1831(a) , criminalizes the theft of trade secrets to benefit foreign powers. The second, 18 U.S.C.   § 1832 , criminalizes their theft for commercial or economic purposes. (The statutory penalties are different for

13125-591: The third report and the magnum opus of Alexander Hamilton , the Report on Manufactures , advocated for the U.S. to become self-sufficient in manufactured goods. That formed the basis of the American School in economics , which was an influential force in the country during its 19th-century industrialization. Werner Baer contends that all countries that have industrialized after the United Kingdom have gone through

13250-431: The two offenses.) In Commonwealth common law jurisdictions, confidentiality and trade secrets are regarded as an equitable right rather than a property right but penalties for theft are roughly the same as in the United States. The international governance of IP involves multiple overlapping institutions and forums. There is no overall rule-making body. One of the most important aspects of global IP governance

13375-418: The valuable financial services business, as a result of Brexit . However, the IDA has been credited with achieving limited success in the face of housing and infrastructure shortages and regulatory hurdles, and a 2018 S&P Global Market Intelligence study found that Germany and Ireland were the leaders in attracting financial businesses relocating from London. In the Irish government's 2019 budget, IDA Ireland

13500-527: The value of large businesses in the United States can be traced to intangible assets. "IP-intensive industries" are estimated to generate 72% more value added (price minus material cost) per employee than "non-IP-intensive industries". A joint research project of the WIPO and the United Nations University measuring the impact of IP systems on six Asian countries found "a positive correlation between

13625-602: The view that there is no alternative . Shuman claims that LOIS businesses are long-term wealth generators, are less likely to exit destructively, and have higher economic multipliers . Import substitution policies were adopted by most nations in Latin America from the 1930s to the late 1980s. The initial date is largely attributed to the impact of the Great Depression of the 1930s, when Latin American countries, which exported primary products and imported almost all of

13750-463: The villagization project and to focus on agricultural development. While ISI under African socialism was purported to be an anti-Western development model, scholars such as Anthony Smith argued that its ideological roots came from Rostow's modernization theory , which maintains that commitment to economic growth and free-market capitalism is the most efficient means of state development. Kenya 's implementation of ISI under state capitalism exemplifies

13875-446: The work's creator. It is often called "piracy". In the United States, while copyright is created the instant a work is fixed, generally the copyright holder can only get money damages if the owner registers the copyright. Enforcement of copyright is generally the responsibility of the copyright holder. The ACTA trade agreement , signed in May 2011 by the United States, Japan, Switzerland, and

14000-409: The world food market and has become food self-sufficient. In the fisheries, fruit, and vegetables sectors, domestic production has increased sharply, imports have declined significantly, and the trade balance (the difference between exports and imports) has improved. In the second quarter of 2017, agricultural exports were expected to exceed imports, which would make Russia a net agricultural exporter for

14125-516: The world's legal systems . Supporters of intellectual property laws often describe their main purpose as encouraging the creation of a wide variety of intellectual goods. To achieve this, the law gives people and businesses property rights to certain information and intellectual goods they create, usually for a limited period of time. Supporters argue that because IP laws allow people to protect their original ideas and prevent unauthorized copying, creators derive greater individual economic benefit from

14250-492: Was "both unsustainable over time and produced high economic and social costs". Given import substitution's dependence upon its developed and isolated markets within Latin America, it relied upon the growth of a market that was limited in size. In most cases, the lack of experience in manufacturing and the lack of competition reduced innovation and efficiency, which restrained the quality of Latin American produced goods, and protectionist policies kept prices high. In addition, power

14375-515: Was a protracted and costly process, something that African states were unable to capitalise on because of the lack of domestic savings and poor literacy rates across the continent. The failure of ISI to generate sufficient growth in industrialisation and overall development led to its abandonment by the early 1980s. In response to the underdeveloped economies in the region, the IMF and the World Bank imposed

14500-580: Was allocated €2 million for the purposes of Brexit preparedness and increasing Ireland's "global footprint". The majority of foreign multinationals in Ireland are also concentrated in a small group of very large technology and life science firms. These firms have the " intellectual property " (or IP) needed to use Ireland's IP-based BEPS tax tools (which have effective Irish corporate tax rates of <3%). Ireland's largest company Apple, post their giant BEPS inversion in 2015 (see " leprechaun economics "), now represents circa 25% of Irish GDP. Because of Apple,

14625-483: Was concentrated in the hands of a few, which decreased the incentive for entrepreneurial development. Lastly, the large deficits and debts resulting from import substitution policies are largely credited for the Latin American crisis of the 1980s. Intellectual property This is an accepted version of this page Intellectual property ( IP ) is a category of property that includes intangible creations of

14750-480: Was heavily practiced during the mid-20th century as a form of developmental theory that advocated increased productivity and economic gains within a country. It was an inward-looking economic theory practiced by developing nations after World War II . Many economists then considered the ISI approach as a remedy to mass poverty by bringing a developing country to a developed status through national industrialization. Mass poverty

14875-448: Was limited in time and scope. This is mainly as a result of knowledge being traditionally viewed as a public good, in order to allow its extensive dissemination and improvement. The concept's origin can potentially be traced back further. Jewish law includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as property does not seem to exist—notably

15000-603: Was most successful in countries with large populations and income levels, which allowed for the consumption of locally produced products. Latin American countries such as Argentina, Brazil, and Mexico (and to a lesser extent Chile , Uruguay and Venezuela ) had the most success with ISI. While the investment to produce cheap consumer products may be profitable in small markets, the same cannot be said for capital-intensive industries, such as automobiles and heavy machinery, which depend on larger markets to survive. Thus, smaller and poorer countries, such as Ecuador , Honduras , and

15125-611: Was necessary to reduce the growing economic inequalities that had occurred as a result of state capitalism. In all of the countries that adopted ISI, the state oversaw and managed its implementation, designing economic policies that directed development towards the indigenous population, with the aim of creating an industrialised economy. The 1972 Nigerian Enterprises Promotion Decree exemplified such control, as it required foreign companies to offer at least 40% of their equity shares to local people. A state-controlled economy has been criticized by scholars such as Douglas North who claim that

15250-652: Was one of many factors leading to the so-called lost decade of Latin American economics . Against most opinions, one historian argued that ISI was successful in fostering a great deal of social and economic development in Latin America: "By the early 1960s, domestic industry supplied 95% of Mexico's and 98% of Brazil's consumer goods. Between 1950 and 1980, Latin America's industrial output went up six times, keeping well ahead of population growth. Infant mortality fell from 107 per 1,000 live births in 1960 to 69 per 1,000 in 1980, [and] life expectancy rose from 52 to 64 years. In

15375-514: Was only at this point that the term really began to be used in the United States (which had not been a party to the Berne Convention), and it did not enter popular usage there until passage of the Bayh–Dole Act in 1980. The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558–1603) for monopoly privileges. Approximately 200 years after

15500-696: Was used as a heading title in a collection of essays. The German equivalent was used with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property ( Schutz des geistigen Eigentums ) to the confederation. When the administrative secretariats established by the Paris Convention (1883) and the Berne Convention (1886) merged in 1893, they located in Berne, and also adopted

15625-461: Was useful. By and large, these principles still remain the basic principles of current patent laws. The Statute of Monopolies (1624) and the British Statute of Anne (1710) are seen as the origins of the current patent law and copyright respectively, firmly establishing the concept of intellectual property. "Literary property" was the term predominantly used in the British legal debates of

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