The main purpose of this chapter is to study gender inequality within the inventive activities in three emerging countries – Brazil, India, and Mexico – using the framework of knowledge economics. It aims to determine which factors that influence a growing propensity of women to be inventors help reduce gender inequality in knowledge economies. In addition, the chapter contributes policy proposals that aim at increasing female participation in inventive activities. The key questions for this research are as follows: What are the characteristics and dynamics of female inventive activities in emerging countries with different economic development paths? What factors influence women’s propensity to invent? Based on the results of the econometric model proposed in this chapter, the inventive variables, such as the stock of prior knowledge, the size of inventor teams, the type of patent holder, technological field, and the presence of foreign researchers – positively influence women’s propensity to become inventors in a differentiated manner in each country. These findings validate how some variables could influence the inclusion of a greater number of women in research teams and the deployment of their potential inventive activities. The chapter proposes policies aimed at reducing gender inequality in the knowledge economy.

This chapter provides an introduction to Intellectual Property, Innovation and Economic Inequality. It begins by discussing the problem of economic inequality, including the scale of that problem, types of economic inequality, and extant research on such inequality. The chapter then outlines the structure of this volume, which is divided into three parts: (1) theoretical, empirical, and policy issues; (2) intellectual property and national inequality; and (3) intellectual property and global inequality.

This chapter criticizes the oversimplification of the binary North–South debate on intellectual property, innovation, and global inequality and highlights the wide geographic, sectoral, and income inequalities within middle-income countries. It begins by explaining why the arrival of these countries has called into question the North–South debate. The chapter then moves from the widely studied subject of global inequality to the underexplored topic of national inequality. Focusing on the intellectual property context, the discussion highlights the considerable subnational variations in the economic and technological conditions of middle-income countries. To combat national inequality, this chapter concludes by recommending interventions in three areas: (1) international norm-setting, (2) national policymaking, and (3) academic and policy research.

Innovation is at the core of economic development, growth, and structural change. Yet, it does not spur in nor flow to all corners of the world. This chapter reviews and describes empirically the uneven geographical distribution of innovation and its dynamics, at both the national and subnational levels. It also compares such distribution in relation to other indicators of economic activity. The chapter then examines the potential consequences of such unequal distribution, particularly for its possible influence on inter-regional income inequality, and discusses how inevitable they might be. In light of available evidence, it explores what the role of policy could be.

This chapter examines distributive justice (DJ) within the realm of international intellectual property (IP) laws, focusing on the digital era. It highlights DJ as a critical lens for understanding global IP laws, particularly where technology significantly influences the processes of creation. It also emphasizes the importance of global equity in achieving access to IP rights, within a comprehensive understanding of their scope. The United Nations Sustainable Development Goals focus on the context of peace, prosperity, and equality, though not explicitly centered on IP rights. Consequently, there is a need to redefine IP rights not only to address legal uncertainties but also to foster global equality. Moreover, the chapter delves into the roles of international entities like the World Intellectual Property Organization (WIPO) in managing challenges where global DJ and IP intersect. It highlights the importance of digital tools (e.g., blockchain) for authenticating original authors. The chapter asserts that proficient and reliable international organizations like WIPO are best suited to address these challenges. Furthermore, the chapter underscores the significance of an unbiased global investment system for promoting universal progress and equity. Ultimately, it explores how WIPO’s tools, such as WIPO Re:Search and WIPO Proof, exemplify DJ in the international IP framework.

This chapter reviews available economic theories and empirical evidence about the potential roles intellectual property (IP) rights play in generating or reducing economic inequality, emphasizing international data. Basic evidence demonstrates the simultaneous growth in internal income inequality across countries and increasing IP protection in the prior 25 years. It is tempting to assign causality from IP to inequality but doing so confidently is challenging and has not yet been accomplished systematically. Through encouraging technology diffusion, global IP reforms likely contribute to convergence in average incomes between advanced economies and select emerging and developing countries.

Women do not receive their fair share when it comes to patenting and are far less likely to own patents. This disparity is due in part to the inherent biases in science, technology, and the patent system and in part to the high costs of the patent application process. This chapter therefore proposes an unconventional new regime of unregistered patent rights to relieve women and other disadvantaged inventors of such costs and biases and thereby increase their access to patent protections. To explain the proposal, this chapter details the challenges facing women and other disadvantaged inventors in applying for patents as well as the fact that other intellectual property regimes, such as copyright and trademark, allow such unregistered rights. The chapter also addresses a number of objections that the proposal would inevitably raise. In particular, it shows that, because the proposed unregistered patent system would grant rights for only three years and protect only against direct and knowing copying, these rights would be unlikely to deter incremental or complementary innovation. Such rights would also be fully subject to invalidation under a preponderance of the evidence standard.

The needs of the global South are proving to be far more complex and challenging to ameliorate than anticipated when the World Trade Organization was established amid promises of enhancing social welfare. In particular, inequality among member states has persisted despite the optimistic projections made during the Uruguay Round negotiations. This issue concerns intellectual property scholars because economic theory suggests that technology policy is a key contributor. After discussing the roles that innovation and international intellectual property protection play within the theory of economic inequality, this chapter focuses on the impact of international patent law. It demonstrates how the demands of the North for ever-stronger patent and patent-like protection exacerbate the problem of technological inequality. The chapter ends with suggestions for ways in which the patent system could be restructured to better enable local inventors to avail themselves of the global knowledge base and enhance the incentives available to innovators who fulfill the needs of the South. In the authors’ view, reducing intellectual property-based inequality in the ways this chapter outlines is a key step toward mitigating the problem of income inequality.

In a prior study, one of the authors uncovered a striking degree of imbalance with respect to rates of copyright registrations between men and women. Although women made up roughly half of the population between 1978 and 2012, they authored only one third of all registered works. If the U.S. Copyright Office is to properly “promote the Progress of Science and useful Arts,” then we must seek to understand what may be contributing to lower rates of creative authorship and copyright registration by women. This chapter discusses several factors that may contribute to the historic inequality in rates of copyright authorship by men and women. Far from exhaustive, the chapter provides a snapshot of some of the structural and economic factors that may discourage authorship by women. Specifically, the authors consider whether the gender disparity in rates of authorship is reflective of gender dynamics in other intellectual property holdings, property ownership more generally, and gender disparity within various creative professions.

This chapter explores the impact of intellectual property on increasing income and wealth inequality internationally and domestically, with a focus on law and legal methodology. It begins by setting the scene and background of international intellectual property protection. The chapter then examines the potential of taking into account considerations of income and wealth distribution in the process of interpreting intellectual property rules and explores the potential of the principle of equity. It turns to the overall balance of rights and obligations from an angle of fostering investment in innovation and proposes to recognize creative imitation in the overall equation. It also suggests recalibrating rules on the duration of patents, copyright, trademarks, and trade secret protection. The latter is not subject to limitation and time and may thus contribute to unjustified economic rents detrimental to human investment. This chapter suggests to introduce ceilings of protection and refer to the principle of unjust enrichment in conceptualizing these concerns.

Theoretically, all inventions are equal under the law: they receive the same scope of protection for the same period, backed by the same remedies. In reality, such equality has been strongly compromised. Patents are concentrated in the hands of big companies and privileged individuals. Women and minorities – as well as firms they own – are less likely to file for patents and have their patents granted. Small companies are also less likely to file and receive patents than strong incumbents. This chapter argues that some changes in the patent system can trigger better accessibility, affordability, and equality. It builds on the author’s earlier proposal to replace the patent record with a decentralized database that would include more information about inventions from more sources and additional functions. Under the proposal, inventors would submit patent applications to a shared patent record instead of a central patent office. During the examination process and throughout the duration of the patent, industry and state actors would be able to update the record. For example, third parties could submit prior art, scientists could weigh in on obviousness, patentees could offer licenses, and courts could list outstanding cases that pertain to the patent.

The chapter examines the role of forced displacement in increasing the demand for state intervention and expanding the size of the state bureaucracy in West Germany. It discusses the government elites’ strategies for dealing with the needs of expellees and receiving communities and reviews expellees’ ability to influence government policy. Statistical analysis is used to demonstrate that counties with a greater proportion of expellees to population had more civil servants per capita.

This chapter examines the reception of expellees in West Germany. I show that expellees were perceived as foreigners, despite sharing ethnicity and language with the locals. I then document expellees’ exclusion from local voluntary associations and the formation of new associations based on migration status and region of origin. I conclude by analyzing contributions to public goods provision in Bavarian municipalities. I show that the more expellees a given community received, the lower the rates at which it taxed the locals’ property and business.

Chapter 9 traces worker repression in and around the 1877 worker protests. The crucible of low-road capitalism delivered the Great Strikes of 1877, but the layers of enforcement - from citizens and local police to militia and national troops - reveal the exclusive nature of the new industrial order. Since the Panic of 1873, railroad corporations had maintained profitability by lowering the wages of their workers. By 1877, workers’ wages moved from unequal to unsustainable as many now earned half their 1872 pay. While social and political leaders spoke sympathetically of laborers and their low earnings at the start of the Great Strikes, soon, in response to violent acts of working-class resistance (usually against corporate property), such rhetoric disappeared. Instead, these leaders framed workers as vagabonds and criminals - persons in need of surveillance and control. The workers’ violence was used as a reason to attack workingmen’s bodies and labor mutualism. When mixed with the hostile differences of liberal society, differences intended to keep wages low and the working class divided, the laborers on the bottom endured the greatest physical and economic harm.

As a result of the COVID-19 pandemic, millions of Americans have fallen into poverty. Over ten million are unemployed, and parents are having to choose between paying rent and feeding their children. Among the myriad questions in the wake of the COVID-19 is how should the United States should help people to meet their basic needs during a crisis of this magnitude. Our chapter attempts to provide an answer. In doing so, our chapter makes three contributions. First, it summarizes how Congress and federal agencies responded to the COVID-19 pandemic with various changes to safety net programs. Second, this chapter enters a scholarly conversation that reaches beyond welfare programs. In recent years, legal academics have drawn attention to the sclerotic nature of national lawmaking. Our chapter joins this ongoing conversation by applying those insights to the specific context of the safety net. Specifically, it suggests that, given the challenges associated with Congress acting quickly to alter safety net programs in the midst of national emergencies such as the COVID-19 pandemic, Congress should now focus on legislating mechanisms, such as automatic stabilizers, that would make these programs more responsive. Third, the chapter moves from the conceptual back to the practical, outlining how Congress could enact these automatic stabilizers in the tax code, the Social Security Act, the Food Stamp Act, and the Medicaid Act.