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Responsive Regulation: An Optimal IP System in 2035? Open A.I.R. 2013 PETER DRAHOS AUSTRALIAN NATIONAL UNIVERSITY 10 December 2013.

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Presentation on theme: "Responsive Regulation: An Optimal IP System in 2035? Open A.I.R. 2013 PETER DRAHOS AUSTRALIAN NATIONAL UNIVERSITY 10 December 2013."— Presentation transcript:

1 Responsive Regulation: An Optimal IP System in 2035? Open A.I.R PETER DRAHOS AUSTRALIAN NATIONAL UNIVERSITY 10 December 2013

2 Energy Finance Technology solutions

3 Number of people without access to electricity

4 FINANCE To what extent have reforms of the international financial architecture benefitted developing countries? Can developing countries break free of Ponzi capitalism?

5 JP Morgan, ‘Global Tax Rate Makers’ (2012) Many multinationals appear to be centralizing many of their valuable IP [intellectual property] assets in low-tax jurisdictions. The reality is that IP rights are easily transferred from jurisdiction to jurisdiction, and they are often inherently difficult to value.

6 Microsoft and The Puerto Rico transfer game US$21 billion shifted for a saving of $US4.5 billion in US taxes. In the Irish transfer pricing game Microsoft transferred intellectual property to a Microsoft entity in Dublin that in 2011 reported profits of $4.3 billion on which it paid an effective tax rate of 7.3%.

7 persuasion warning Civil penalty Criminal Virtuous actors Calculating actor incapacitation Incompetent or irrational actor Enforcement Pyramid

8 Patent Office Innovation System Regulator e.g Tax Office Regulator e.g. Pharmaceuticals Enforcement Pyramid Network partners from the innovation system Information sharing, task forces, co-ordination Pyramidal Interventions Diagram 1 - A model of responsive institutionalism.


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