Intellectual Property

Alan Beattie

Intriguing piece in the Economist about “Chilecon Valley”, Chile’s attempt to snaffle some of the start-up tech talent driven out of the US by self-destructive American immigration laws. Some public seed capital and easy-to-get work visas and the sector is up and going.

So where does this leave the argument that a tough intellectual property rights regime, particularly with software and other tech patents, is necessary for innovation? Chile was forced to tighten up its patent and copyright law as a result of its 2004 bilateral trade deal with the US, but Washington remains unhappy about the implementation. Chile is one of the dirty dozen countries (actually 13 in 2012) on USTR’s ominously named annual Priority Watch List for poor IP protection, and Washington is trying to raise the IP bar yet higher for Chile and the other countries in the Trans-Pacific Partnership. Read more

Alan Beattie

A thought on intellectual property rights following yesterday’s magnum opus. As is often the case in trade deals, political economy means that the remedies are at a tangent to the real problem.

The main complaint I hear from US companies is that their IP is being stolen in emerging markets, particularly but not exclusively, China. It’s not just about the quality of the laws on the books: it’s about getting them enforced. Even if you can get the evidence together for a case (especially tough for industrial espionage), Chinese IP courts have limited recourse and are subject to local political pressure. Read more