Posts Tagged: "Puerto Rico"

Hurricane Maria Delivered the Injury to Puerto Rico, But New Tax on Foreign IP Delivered the Insult

The year 2017 proved to be a difficult one for the territory of Puerto Rico. Even before Hurricane Maria hit in September of that year, the island was in trouble. By the end of year, the economy was predicted to shrink back to levels not seen since 2000, the average household income was a mere $19,350, one-half that of Mississippi, the poorest state in the nation. Meanwhile, the cost of living in San Juan, Puerto Rico’s capital, was 11.6% higher than in an average U.S. metropolitan area. The government was already dealing with $74 billion in bond debt and another $49 billion in unfunded pension obligations, with U.S. banks taking at least $1 billion to manage its bond sales. In the fall of 2017, after Maria hit head on as a Category 4 hurricane that caused catastrophic damage, the second blow to Puerto Rico was brewing—this time in Washington. The Republicans, being in control of the House, Senate, and the White House, drafted a tax reform bill that proposed the biggest change to the tax code in 30 years. Within that tax bill was a provision that was predicted to decimate what is left of Puerto Rico’s remaining economy. The tax bill proposed, and ultimately the President signed into law, a provision that levies a 12.5% tax on profits derived from foreign-owned intellectual property. This hits Puerto Rico in two ways. First, Puerto Rico has a complicated taxation relationship with the United States. Its citizens do not pay federal income taxes, although they do pay into Social Security. However, when it comes to taxation, the IRS considers Puerto Rico to be a foreign country. Thus, any profits derived from intellectual property in Puerto Rico would be considered foreign profits subject to the excise tax. The second problem is that Puerto Rico derives a great deal of its revenue from the manufacturing of prescription drugs, representing the very profits from intellectual property contemplated in the law. According to the U.S. Bureau of Labor Statistics, pharmaceuticals account for 72% of Puerto Rico’s 2017 exports, which was valued at $11.5 billion.

U.S. Patents to the Citizens of Porto Rico from 1899-1917

Today, on the eve of the discovery of Puerto Rico in 1493 by the Spaniards, we will take a look at U.S. patents issued to citizens of Porto Rico, as it is formerly known as and sometimes called… In the period in question, there were 38 patents issued to residents of ‘Porto Rico’, although they were not all ‘Citizens’ of PR. For example, the first issued ‘after the change’ was Patent No. 689,671 to Felix Perez Hermida, who was a Citizen of Cuba residing in PR. Patent No. 763,269 was issued to US Navy Lt. Mark St. Clair Ellis, who listed his address as the USS Bancroft, then stationed in San Juana. Patent No. 903,587 went to Luis León, identified as a subject of the King of Spain, and the first PR Design patent, D49,992, was issued to Mr. Giusti, a citizen of France.

Innovation can create economic success in developing countries facing the middle-income trap

A rising tide lifts all boats. While an age-old saying, the concept is relatively simple really. Of course, the path to broad based economic opportunity for all has been elusive for many countries. If underdeveloped and developing countries are going to transform economically, they need to encourage and support innovation. That means many countries like those facing the so called middle income trap like China, South Africa and Brazil, may want to think about IP protection and enforcement and what it could mean for economic development, in terms of encouraging foreign investment, and with respect to raising the quality of life.

From Discovery to Transfer, Puerto Rico Patents from 1850-1898

Puerto Rico was discovered by the Spaniards on Nov. 19, 1493, during Columbus’ second voyage. For the next 400 years, it was a Colony of Spain, with two brief interruptions, but with no formal transfer of ‘ownership’. The patent activity with (at the time) a foreign power (the USA) is surprising in the latter parts of the 19th century. This article takes a look at the patents issued by the USPTO to Puerto Rico residents within the period.