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The doctrines and the making of an early patent system in the developing world: the Chilean case. 1840s-1910s

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  • Bernardita Escobar

    (Facultad de Economía y Empresa, Universidad Diego Portales)

Abstract

This article analyses the creation of the first Chilean patent law (1840s-1920s), by examining the underlying doctrines and key actors (political and business people) in the making of one of the earliest patent systems in Latin America and the developing world. From three main doctrines supporting IP protection (natural rights, contractarian and utilitarian) the article identifies elements of the first, disregard for the second and some traits of the third doctrine in the law. Protection of „introductions‟, a non-contemporary IP subject matter, resulted from the mix of utilitarian and protectionist beliefs of policy makers, the influence of colonial regulation and a series of petitions for privileges made between 1830-40.

Suggested Citation

  • Bernardita Escobar, 2014. "The doctrines and the making of an early patent system in the developing world: the Chilean case. 1840s-1910s," Working Papers 58, Facultad de Economía y Empresa, Universidad Diego Portales.
    • Handle: RePEc:ptl:wpaper:58
    as

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    File URL: http://www.udp.cl/descargas/facultades_carreras/economia/pdf/documentos_investigacion/wp_58_Escobar_doctrines_making.pdf
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    References listed on IDEAS

    as
    1. Mill, John Stuart, 1848. "Principles of Political Economy (II): Distribution," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, volume 2, number mill1848-2.
    2. Mill, John Stuart, 1848. "Principles of Political Economy (III): Exchange," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, volume 3, number mill1848-3.
    3. Josh Lerner, 2002. "150 Years of Patent Protection," American Economic Review, American Economic Association, vol. 92(2), pages 221-225, May.
    4. Mill, John Stuart, 1848. "Principles of Political Economy (I): Production," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, volume 1, number mill1848-1.
    5. Mill, John Stuart, 1848. "Principles of Political Economy (V): On the Influence of Government," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, volume 5, number mill1848-5.
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    Cited by:

    1. Bronwyn H. Hall, 2024. "Patents, innovation, and development," International Review of Applied Economics, Taylor & Francis Journals, vol. 38(1-2), pages 17-42, March.
    2. Couyoumdjian, Juan Pablo & Larroulet, Cristián, 2018. "Ideas, leaders, and institutions in 19th-century Chile," Journal of Institutional Economics, Cambridge University Press, vol. 14(5), pages 925-947, October.

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