Intellectual Property & Intangible Assets

The capacity to create, protect and monetise intangibles: examination-grade intellectual-property machinery, intangible investment across the economy and the receipts that flow when the world pays to use what the nation invented.
Economic Power / Production & Innovation / Innovation & Commercialisation

The capacity to create, protect and monetise intangibles: examination-grade intellectual-property machinery, intangible investment across the economy and the receipts that flow when the world pays to use what the nation invented.

Indicators

  • International patent filings
  • Intellectual property receipts in the balance of payments
  • Intangible investment share of GDP
  • Trademark filings
Capability Developments

Major milestones and key developments of the capability

The Capability Development Index tracks the events that move a capability — operational use, technical breakthroughs, procurement decisions and the industrial base behind them — and places each on the record with the date it happened.

Recent developments cover the current period. Historical developments are the inflection points that produced Intellectual Property & Intangible Assets as it stands today.

GeopoliticalGovernanceSecurityTechnologyEconomySociety

Historical Developments

AntiquityPotters, metalworkers and brickmakers stamped their goods with identifying marks across the ancient world thousands of years ago

Workshops in Mesopotamia, China, Egypt and Rome marked pottery, bronze vessels and bricks with symbols identifying their maker, a widespread practice historians treat as the functional origin of the trademark, long before any law protected it.

500 BCGreek state of Sybaris offered one year's patent for new refinements in luxury

The government of Sybaris is recorded as granting a year's exclusivity to all who discovered any new refinement in luxury. It is cited as a possible distant antecedent of the patent principle.

1421Filippo Brunelleschi received an early individually documented patent grant 605 years ago

The Florentine architect was given a three-year exclusive privilege over a river barge design he had invented to transport marble, one of the earliest documented cases of a government granting a named individual exclusive rights over an invention.

1474-03-19The Republic of Venice enacted a general patent statute 552 years ago

The statute of 19 March 1474 provided that patents could be granted for any new and ingenious device not previously made, provided it was useful, with inventors granted ten-year exclusive rights. As the first general patent system anywhere, its core principles — novelty, ingenuity and utility — remain the basic principles of modern patent law, and it served as a direct model that later English and continental lawmakers studied and adapted.

Glassmakers and shipbuilders were among the first Venetians to use the new statute
16th centuryRabbinic authorities used Hasagat Ge'vul to justify limited-term publisher copyright 526 years ago

Jewish law's principle of unfair encroachment was applied to grant printers limited-term exclusivity, though not authors. It shows analogues of intellectual property protection arising outside the European statutory tradition.

1558–1603Queen Elizabeth I issued royal grants of monopoly privileges, the precursor of patents 468 years ago

The history of patents began not with inventions but with Crown grants of monopoly privilege during Elizabeth's reign. Over roughly the following two centuries these prerogative grants evolved into a legal right vested in the inventor over the making and sale of an invention.

1624England passed the Statute of Monopolies 402 years ago

Parliament curtailed the crown's power to grant arbitrary trade monopolies while explicitly preserving limited-term patents for genuine new inventions, a statute historians credit as the foundation on which modern patent law was later built.

1710British Parliament passed the Statute of Anne, origin of modern copyright 316 years ago

The Statute of Anne is regarded as the foundation of current copyright law and, alongside the Statute of Monopolies, established intellectual property as a legal concept. The modern concept of intellectual property as a whole was developed in England across the 17th and 18th centuries.

1760s–1770sBritish courts litigated literary property in Millar, Hinton and Donaldson cases 266 years ago

British legal debates of these decades tested how far authors and publishers held common-law property rights in works, through Millar v Taylor (1769), Hinton v Donaldson (1773) and Donaldson v Becket (1774). The controversy shaped the boundary between statutory and common-law protection of intangible creations.

1769Monthly Review published the first known use of the term intellectual property 257 years ago

A piece in the Monthly Review used the phrase 'intellectual property', the earliest recorded instance. The vocabulary of the field thus emerged alongside the British literary property disputes.

1790The United States passed its first Patent Act 236 years ago

Congress used its new constitutional power to grant inventors exclusive rights for limited times, establishing an examination-based system in which officials assessed novelty before granting a patent, distinct from the registration-only approach then common in parts of Europe.

1791Revolutionary France declared in the French law of 1791 that all new discoveries are the property of the author 235 years ago

Section 1 of the law stated that new discoveries belong to their author and provided for a patent of five, ten or fifteen years. It established the proprietary framing of invention in continental law.

1808An essay collection used intellectual property as a heading title, the first clear modern usage 218 years ago

A collection of essays employed the term as a heading, marking the first unambiguous modern usage. The term nevertheless remained rare until much later.

October 1845Massachusetts Circuit Court used the term intellectual property in Davoll et al. v. Brown 181 years ago

Justice Charles L. Woodbury wrote that only through such protection can 'intellectual property, the labors of the mind' be secured, likening it to cultivated wheat or reared flocks. The ruling is an early American judicial adoption of the concept and phrase.

1846A. Nion introduced propriété intellectuelle in a French legal treatise 180 years ago

Nion used the phrase in Droits civils des auteurs, artistes et inventeurs. The usage helped spread the unified property framing across continental European legal writing.

1883The Paris Convention established national treatment for patents and trademarks across borders 143 years ago

Signatory states concluded the Paris Convention for the Protection of Industrial Property, agreeing to treat foreign applicants the same as their own nationals and to recognise a priority filing date across member countries. It created the first multilateral framework and an administrative secretariat for industrial property including patents and trademarks, founding the modern international system that patent and trademark law still rests on.

1886Signatory states concluded the Berne Convention on literary and artistic works 140 years ago

Berne established international minimum standards for copyright and its own administrative secretariat. The United States was not initially a party, delaying adoption of the intellectual property vocabulary there.

1891The Madrid Agreement created the first international trademark registration system 135 years ago

Signatory states allowed a single application to secure trademark protection across multiple countries, replacing the need to file separately in each one, and became the direct ancestor of the Madrid System still used to register international trademarks today.

1893Paris and Berne secretariats merged into the United International Bureaux for the Protection of Intellectual Property 133 years ago

The two administrative secretariats combined in Berne and adopted the term intellectual property in their joint title. This gave institutional form to the unified concept covering patents, trademarks and copyright.

early 20th centuryGermany used compulsory licensing in a way that encouraged invention 126 years ago

Baten, Bianchi and Moser find that compulsory licensing, which lets governments license patents without owners' consent, increased the threat of competition in fields with little pre-existing rivalry. Invention rose as a result, complicating the claim that stronger exclusivity always spurs innovation.

1960United International Bureaux relocated to Geneva 66 years ago

The combined intellectual property secretariat moved from Berne to Geneva. The move preceded its transformation into a United Nations agency.

1967Signatory states established the World Intellectual Property Organization by treaty 59 years ago

WIPO succeeded the United International Bureaux and became a specialised agency of the United Nations. According to Mark Lemley, only at this point did the term intellectual property begin to be used in the United States.

1974The World Intellectual Property Organization became a specialised agency of the United Nations 52 years ago

The organisation, which had grown out of a nineteenth-century bureau administering the Paris and Madrid treaties, was given UN agency status, cementing its role as the central institution coordinating patent, trademark and broader intellectual property cooperation worldwide.

1980United States Congress passed the Bayh–Dole Act 46 years ago

The Act's passage marked the point at which the term intellectual property entered popular usage in the United States. It also signalled the broader integration of IP into American economic policy.

Recent Developments

March 2026China extended its run as the largest source of international patent filings 5 months ago

WIPO's annual statistics showed Chinese applicants again filing more international patent applications through the Patent Cooperation Treaty than those of any other country, with Huawei and other domestic technology firms among the leading corporate filers.

Huawei remained among the top corporate filers worldwide
Early 2026Saudi Arabia and the United Arab Emirates saw trademark filings surge alongside giga-project branding 6 months ago

New consumer, hospitality and real estate brands linked to large state-backed developments drove a rise in trademark applications, part of a wider expansion of Gulf intellectual property offices' caseloads as economic diversification programmes matured.

Early 2026WIPO's Madrid System recorded rising international trademark filings from outside its traditional base 6 months ago

Growth in applications from Indian and Turkish companies stood out against a system historically dominated by American, German and Chinese filers, reflecting wider use of the single international trademark registration route by firms expanding across borders.

Early 2026African enforcement agencies stepped up seizures of counterfeit goods and medicines 6 months ago

Customs and health regulators across several West and East African states reported larger seizures of fake pharmaceuticals and branded consumer goods, coordinated in part through Africa-wide enforcement networks concerned about counterfeit medicines reaching patients.

The World Health Organization continued tracking substandard and falsified medical products
April 2025The United States Trade Representative again flagged enforcement concerns in its Special 301 review last year

The annual assessment of trading partners' intellectual property regimes kept China, India and Indonesia on its watch lists, citing counterfeit goods, online piracy and slow trademark enforcement, though several governments disputed the findings as one-sided.

2025China widened its campaign against bad-faith trademark squatting last year

Regulators cancelled a further tranche of trademarks judged to have been registered in bad faith rather than for genuine use, part of a longer effort to curb squatters who register foreign and domestic brand names to resell or block market entry.

2025India recorded a further rise in domestic patent filings last year

The Indian Patent Office reported continued growth in applications from resident inventors and a further cut to examination backlogs, part of a multi-year modernisation drive that has shortened the time between filing and grant.

2024Holders of 5G standard-essential patents continued litigation with device makers over royalty rates 2 years ago

Disputes between patent holders such as Nokia and Ericsson and implementers including Chinese handset makers ran on in multiple jurisdictions, with courts in China increasingly willing to set global royalty rates rather than defer to European or American venues.

2024Brazil continued cutting its patent examination backlog 2 years ago

The national IP institute kept average grant times falling from the multi-year waits that had characterised the previous decade, using additional examiners and streamlined procedures adopted under a backlog reduction plan begun several years earlier.

2024The African Continental Free Trade Area advanced a continental protocol on intellectual property rights 2 years ago

Negotiators continued work on rules intended to harmonise patent and trademark standards across African Union member states, part of a wider effort to make the continent's fragmented national IP systems easier for smaller firms to use.

Smaller member states pushed for shared examination resources
2017–2018United States and EU Commission departed from the OECD BEPS timetable with own anti-IP BEPS tax regimes 9 years ago

Both jurisdictions simultaneously abandoned the OECD schedule and launched their own measures, including the EU's 2018 Digital Services Tax. The move fragmented international efforts to curb IP-based profit shifting.

2013OECD launched the BEPS Project against IP-based tax avoidance 13 years ago

The project was set up to combat base erosion and profit shifting tools built on intellectual property, which the OECD estimates cost $100–240 billion in annual tax revenues. IP is a key component of the leading multinational tax avoidance structures.

May 2011United States, Japan, Switzerland and the EU signed the ACTA trade agreement 15 years ago

ACTA would require parties to add criminal penalties including imprisonment and fines for copyright and trademark infringement, and to police actively for infringement. It has not entered into force.

2007WIPO adopted the Development Agenda of 45 recommendations 19 years ago

The agenda aimed to adjust WIPO's activities to the needs of developing countries and reduce distortions in access to medicines, information, seeds, source code and scientific articles. It embodied the emerging call for greater policy flexibility, though concrete international legal reform has not followed.

2005Royal Society of Arts launched the Adelphi Charter on balanced IP law 21 years ago

The charter sought to create an international policy statement framing how governments should make balanced intellectual property law. It formed part of the reformist turn in IP discourse.

2004WIPO General Assembly adopted the Geneva Declaration on WIPO's future 22 years ago

The declaration urged WIPO to focus more on developing countries' needs and to treat IP as one tool for development rather than an end in itself. It marked institutional pressure for a shift away from maximalist protection.

2001UN Committee on Economic, Social and Cultural Rights issued Human rights and intellectual property 25 years ago

The document argued that IP is governed by economic goals when it should be seen primarily as a social product. It insisted that IP systems must conform to human rights law to serve human well-being.

1998European Community adopted the Conditional Access Directive (98/84/EEC) 28 years ago

The directive is cited as an instance of expanding intellectual property-adjacent protection. It criminalised circumvention of conditional access controls.

1996United States Congress enacted the Economic Espionage Act criminalising trade secret theft 30 years ago

The Act made misappropriation of a trade secret a federal crime, with separate provisions for theft benefiting foreign powers and theft for commercial gain. It extended criminal enforcement into intangible commercial information.

1995The World Trade Organization brought the TRIPS Agreement into force 31 years ago

Members were required to adopt minimum twenty-year patent terms and baseline trademark protections, the most significant single harmonisation of intellectual property law in history and a lasting source of tension between industrialised and developing countries over its costs.

Developing countries were given longer transition periods to comply
1994WTO members ratified the TRIPS agreement harmonising IP minimum standards 32 years ago

TRIPS formalised regulations for rights previously handled by common law or not at all in member states, including a harmonised definition of trademark. It required members to set minimum standards of legal protection.

1991European Community adopted the Software Directive (91/250/EEC) 35 years ago

Article 7 of the directive is cited as an example of the expansion of intellectual property protection into new subject matter. It extended enforcement obligations in the digital domain.

1984China enacted its first modern Patent Law 42 years ago

The law created an examination and grant system essentially from a standing start, decades before the country became the world's largest single source of patent filings, and was substantially revised several times as the domestic system matured.

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