Scientific research
Assadollah Yavari; Hamed Edrisian
Abstract
Introduction
In recent years, Iranian government pays more and more attention to the role of taxes as the most significant source of its revenue. Accordingly, it was started amending acts or passing new laws. However, there are different challenges in this path. Collecting taxes on time is one of the ...
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Introduction
In recent years, Iranian government pays more and more attention to the role of taxes as the most significant source of its revenue. Accordingly, it was started amending acts or passing new laws. However, there are different challenges in this path. Collecting taxes on time is one of the main obstacles in Iran and this issue affects the anticipated revenues of the government for annual budget. There are different causes for delay in collecting taxes. Unquestionably, the speed of the tax dispute settlement is one of them. The disputes among taxpayers and tax auditors are inevitable however, from a legal perspective, some factors may prolong the tax litigation process. Therefore, a good structure for settling tax disputes leads to more efficiency for the tax system.
Theoretical Framework
In tax procedure of Iran, if a taxpayer disagrees with assessments of tax, he has the right to protest and Direct Taxes Act provides six levels of dispute settlement. The first step is a pre-trial stage and the taxpayer and the tax authority can settle. If they do not reach a settlement, the taxpayer can bring the case to the Settlement Board of Tax Disputes which have primary and Appellate Stages. The Supreme Tax Council and Article 251(bis) board are two other stages. But, all these tribunals are quasi-judicial. The last stage is Administrative Justice Court. It has the judicial supervision over decisions of previous authorities. It seems that there are some defects in the structure of Tax Dispute Settlement that affect the speed of the tax litigation process. We tend to recognize some factors that cause a reduction in the speed of tax dispute settlement and make suggestions in order to resolve them.
Research Method
In this study, we uses descriptive and analytical methods based on library resource. We also uses case-by-case judgments from the European Court of Human Rights.
Results and Discussion
We present five suggestions. First, there has been predicted specific time for bringing a case to the tribunals in different stages like primary or Appellate in the Civil Procedure Act of Iran. This act governs legal disputes, however, it is known as the main act about the process of dispute resolution. If the relevant acts do not determine the condition of some parts of dispute resolution process in different fields like labour or tax disputes, we usually cite the solution in the Civil Procedure Act in our analysis. The time predicted in the Direct Taxes Act for bringing a case to the tax tribunals or tax dispute resolution are different with the time in Civil Procedure Act without any logical reason. For instance, the taxpayer or the Tax Affairs Office can file a complaint with the Supreme Tax Council, within one month from the date of serving the final decision of the Board of Settlement of Tax Disputes while this time in Civil Procedure Act is 20 days about Supreme Court. With the change of technology, it sounds that the lawmakers can move towards decrease and standardization these periods of time.
Second, there is a pre-trial stage where the tax assessment notice is issued and served on the taxpayer, he may, in case of being unsatisfied therewith, apply personally or through a plenipotentiary attorney to the Tax Affairs Office. The relevant responsible officer shall review the case, after recording it in the respective register. If the taxpayer and the officer reach an agreement in most dispute cases but some dissatisfactions remain, taxpayer has the right to overlook agreement and bring the case to the boards. We suggest removing the possibility of reconsideration in boards about those parts of dispute resolution between taxpayer and tax officer in pre-trial stage and both sides must undertake their agreements.
Another suggestion is about selecting tax judges. Every Settlement Board of Tax Disputes shall consist of three persons from three different institutions. One of them is a judge from the judiciary, whether active or retired, who plays a key role in making the decision, but there is no requirement that he has experience in tax issues or he has passed tax courses. Thus, the process of selecting judges must change.
The fourth challenge is related to the rights to protest for both taxpayer and the representative of Tax Affairs Office. Firstly, the representative of Tax Affairs Office can lodge an appeal against the decision of the primary Board of Settlement of Tax Disputes. This right can be limited to the representative of Tax Affairs Office. Furthermore, the right of the taxpayer in the stage of the Supreme Tax Council can be limited with respect to Article 2 (Right of appeal in criminal matters) of Protocol Number 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms. We recommend predicting the amount of tax in order to removing the Supreme Tax Council competence to hear the protests of taxpayers if their taxes are fewer than that amount.
Finally, Direct Taxes Act predicted a board with specific features called Article 251 (bis) board. In case of final taxes subject to this Act and indirect taxes that are not capable of being reviewed by any other authority, if the taxpayer submits a complaint to the effect that the tax is unfair and provides sufficient documents and evidence to that effect and applies for reconsideration of the case, the Minister of Economic Affairs and Finance may refer the file of the case to a board composed of three persons, whom he shall nominate personally. The decision of the Board shall be conclusive and enforceable when rendered by the majority. This process does not have a clear mechanism and there are no specific regulations which explain how it works or how its members should be selected. We suggest removing this board or create regulations to clarify the mechanism of it and its competence limits to some specific cases.
Scientific research
Fardin Ghoreishi
Abstract
Introduction
In 2013, the Iranian Monetary and Credit Council ratified a statute titled " The Model Statute of the Non-Governmental Banks". Then the Central Bank submitted the Model Statute for ratification and implementation to non-governmental banks. The Model Statute was challenged by non-governmental ...
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Introduction
In 2013, the Iranian Monetary and Credit Council ratified a statute titled " The Model Statute of the Non-Governmental Banks". Then the Central Bank submitted the Model Statute for ratification and implementation to non-governmental banks. The Model Statute was challenged by non-governmental banks. But the Central Bank, by relying on various instruments, forced the non-government banks to accept the Model Statute. The question of this study is to assess the legal legitimacy of The Monetary and Credit Council and The Central Bank. Theoretically, the power of lawmaking and regulation is within the jurisdiction of the legislative power, and the authority of other institutions in the enforcement of regulations is only in the framework of the laws passed by the Parliament. Therefore, it can be asked whether the approval of The Model Statute of Non-governmental Banks by The Monetary and Credit council and The Central Bank's actions in this regard are in the same context and in accordance with the relevant rules?
This question has been investigated using legal reasoning methods and specifically logical comparisons and inferences. In other words, using this research method, ruling laws have been referred and compared with the regulations approved by The Monetary and Credit Council in the matter under discussion. Then, the amount of observance or violation of these laws is deduced, and in this way, the legal legitimacy of the statute is judged.
The findings of this article are as follow:
The Monetary and Credit Council, regarding paragraph C of Article 30 of The Monetary and Banking Code of the Country, has merely the power to approve the proposed statutes of banks. Therefore, since approval of the Statute is different from drafting and regulating of statute and requiring of banks to implement it, The Monetary and Credit Council has violated this code and has exceeded its legal jurisdiction via regulating the Model Statute and imposing it on non-governmental banks.
In accordance with paragraph 5 of Article 30 of The Monetary and Banking Code of the Country, the power to change the statute of banks belongs to their shareholders. In fact, the extraordinary general meetings of banks can change the bank's statute and submit it for approval by The Monetary and Credit Council. The Monetary and Credit Council, by drafting and regulating the Model Statute and requiring of non-governmental banks to approve it, in effect, has deprived the shareholders of the banks from their right to any alteration in the provisions of the current bank statutes, and thereby, paragraph 5 of Article 30 of The Monetary and Banking Code of the Country has been violated.
Based on the general principle of non-retroactivity, the law that was ratified at the current time should not be generalized to the time before its adoption. In the case in question, The Monetary and Credit Council declares to non-governmental banks that they have to change its previous statute and replace it with The Model Statute. This is contrary to the general rule of non-retroactivity.
Article 19 of The Model Statute, in the context of the regulations on increasing the capital of non-governmental banks, has empowered the Central Bank, which is in breach of Paragraph 7 of Article 9 and Paragraph 1 of Article 3 of The Commercial Code, because the increase of capital is one of the rights of corporations and its shareholders.
The next point is the requirement of non-governmental banks to reform their shareholding structure. According to the ruling laws and regulations, The Central Bank does not have any explicit jurisdiction in this regard; but it has expanded its jurisdiction with a broad interpretation of laws and regulations and has provided some illegal assignments to non-governmental banks.
Article 64 of the Model Statute required non-governmental banks to choose only the natural persons for membership in the board of directors. This is in contrast to the article 110 of The Act of Amendment of Some Part of the Commercial Code, which accepts the membership of legal entities.
The Monetary and Credit Council has set limits on the selection and dismissal of board members beyond what is required by law. The action of this council to develop the authority of the Central Bank to intervene in determining the members of the board of non-governmental banks is beyond the framework of the law, thereby violating Articles 108, 107 and 111 of the Commercial Code.
The last case discussed is the powers reserved for the Central Bank for the appointment of liquidators for liquidated banks, and this discretion is contrary to Section C of Article 41 of The Monetary and Banking Code of the Country.
With regard to the above cases, it seems that the actions of The Monetary and Credit Council and The Central Bank in the matter under discussion are the subject of abuse of legal authority and, accordingly, are among the issues under Article 12 of the law on the organization and procedure of The Administrative Justice Court.
Scientific research
Alireza Ansari Mahyari; Leila Raisi
Abstract
1. Introduction
Today, one of the important economic issues that has a significant role in the economic growth and development of countries, especially in developing countries, is foreign investment. Therefore, these countries compete to attract more foreign investment.
One of the major obstacles to ...
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1. Introduction
Today, one of the important economic issues that has a significant role in the economic growth and development of countries, especially in developing countries, is foreign investment. Therefore, these countries compete to attract more foreign investment.
One of the major obstacles to foreign investment is the lack of security in the host state; this lack of security is due to dangers such as war, turbulence and regime change that threaten investors. Therefore, the formulation of regulations on the protection of foreign investors at the national and international levels can cause to reduce the sense of danger and be a source of confidence among investors. Protecting foreign investment today is one of the important issues of international investment law that can help countries and investors to remove investment barriers and attract more capital.
Since the 1960s, countries have created an extensive collection of bilateral treaties in order to protect foreign investors. It was known as bilateral treaties for promotion and protection of investment. In fact, the main purpose of concluding these treaties was that, as a supplement to the domestic laws and regulations of investment, they can provide an international mechanism to support as much as possible foreign investment and regulate related affairs, as well as a favorable environment for host governments to attract foreign investment. In these treaties, a set of standards is anticipated to support foreign investors and create a secure environment that has had a significant impact on the growth and development of foreign investment. Some of these standards include fair and equitable treatment, full protection and security, national treatment and most-favored-nations treatment.
2. Methodology
This study with analysis of international arbitral tribunals and state practices in bilateral and multilateral treaties discusses the development of standards of fair and equitable treatment, full protection and security, national treatment and most-favored-nations treatment. The research method used in this study is descriptive-analytical using library resources.
3. Results and Discussion
The fair and equitable treatment standard establishes one of the most important elements available to a foreign investor to protect his investment in a foreign country, because it provides him with a certain treatment that the host state must grant regardless of the treatment given to its own nationals. Full protection and security standard can be a complement to fair and equitable treatment and according to it, the host state is committed to adopt some measures to protect foreign investors against unfavorable events and harmful acts.
National treatment is considered as one of the important standards in international investment law to ensure optimal performance of the host state with foreign investments so that the host state in the same way which treats domestic investors also deal with foreign investors. The most-favored-nation treatment standard can be a complement to national treatment. According to this standard, host state must treat third state investors as it treats foreign investors because this standard is used to prevent discrimination against foreign investment.
These standards are a treaty-based obligation that must be put into a specific treaty and are not a requirement of customary international law. So, if these standards are not stipulated in the treaty, the host state will have no obligation to comply with these standards against the foreign investor.
One of the important issues of international standards of foreign investment protection is identification of concepts, examples and their application; but, in this study, in addition to the above, the main goal is to examine whether these standards of protection have been developed since the emergence, so far, or it is still used in the present era traditionally? The hypothesis of the authors is that the standards of foreign investment protection, like many other international issues, have had many fluctuations since the emergence and due to the dynamics and development of international investment law, they have also undergone many changes; therefore, today we can speak of significant progress and development in this area.
4. Conclusion
In this study, by describing and analyzing concepts and examples and methods of enforcement of foreign investment protection standards in bilateral and multilateral investment treaties which these standards have been used in most of them and as well as the examination of international arbitration tribunals procedure that have issued various decisions regarding these standards, it is concluded that there are no specific examples for the application of investment protection standards in the investment treaties and international arbitration tribunals procedure.This implies the breadth, flexibility and dynamism of the aforementioned protective standards. Therefore, the growth and development of investment treaties and international arbitration procedure has caused the development of these standards over time. This development has had a positive role in attracting and growing foreign investment in host countries.
Accordingly, today, these standards can be used as a system of foreign investment protection that is not static and is in progress. Consequently, the present study emphasizes this hypothesis that the standards of foreign investment protection have exited from the traditional conditions over time and they are used according to the requirements of the time and circumstances of each particular case.
Scientific research
mohamad javad sadati
Abstract
Introduction
System of penal reactions in Iran for a long period has deep relation with patterns of torture. These patterns were the same as the terrible tragedy of division of pain along the body of the offender. Cannibalism, division of the body of the criminal into four parts and burning body of ...
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Introduction
System of penal reactions in Iran for a long period has deep relation with patterns of torture. These patterns were the same as the terrible tragedy of division of pain along the body of the offender. Cannibalism, division of the body of the criminal into four parts and burning body of offenders were examples of torture.
Literature Review
From the birth of political power in Iran until the collapse of Qajar government, structure of power in Iran was in monopoly of discourse of traditional authoritarianism. For this several thousand years, central square of the cities were domination of imposing torture( supplice ). In Iran there are no precise studies about the reason of birth and continuing of these wonderful tragedies of torture. In contrast to our common idea, tragedies of torture in history of Iran were not tools for protecting justice. Few historical studies that have been done on the history of punishment in Iran, generally claims that torture was harsh shape of imposing justice. But this image from functions of torture is not true. In contrast, tragedy of torture that power creates in the eyes of audience was sample of rational calculating of power for protecting itself. The birth of torture must be studied in the paradigm of political economy of punishment. Imposing punishment is not meaningless imposing of pain. But is calculating behavior for protecting power. This is power that creates the political economy of punishment.
Results and Discussion
To understand the reasons of birth and continue the tragedy of torture in Iran, we must study the process of birth of discourse of Traditional authoritarianism in Iran. Because, it seems that the most important reason of the birth of torture in Iran is the formation of authoritarian states and society of under authority. It means that, authoritarian states and society of under authority have deep relation with each other. This is society and collective conscience that create authoritarian states. This is society that puts itself under authority of authoritarian states and because of it, discourse of traditional authoritarianism is created. This is the main principle of formation of power in Iran before Islamic revolution. In fact, in this long historical period collective conscious with the purpose of gaining security put itself absolutely under authority of states. During the time this equation( the equation between putting itself under absolute authority in order to gain security ) creates the habit of following the power. In fact, collective conscious, itself creates authoritarian power in Iran.
How does the birth of authoritarian state lead to the birth and continuing of torture? It seems that there is deep relation between the two phenomena. When the collective conscious has the habit of absolute following of power, no factor restricts power. When society accepts that in exchange for security it has absolute following of power, the state impose itself without any restriction. Because there is no factor that can restricts its power. Tragedy of torture births from this absolute following and from this process of imposing power without restriction.
Methodology
The genealogy of power discourses can shows us that there is deep relation between punishment and power. In fact, this essay has genealogical manner.
Conclusion
The tragedy of torture that discourse of traditional authoritarianism creates, produces special patterns of penalizing and criminalizing. First we have to talk about its special patterns of criminalizing. In the scope of discourse of traditional authoritarianism there is deep relation between crime and sin. In fact, there is a deep relation between punishment and religion. Because the power is the agents of God, thus, committing crime against power means committing sin against God. It is clear that committing sin against God must be punishes with a harsh reaction. Tragedy of torture births from this system of imaging from nature of crime. Also, in this discourse of power the king has the absolute power to criminalizing. In fact, criminalizing of behaviors depends on his discretion and not based on the process of rational and bureaucratic legislating.
Patterns of penalizing in the scope of discourse of traditional authoritarianism are based on the above imaging from crime. When the crime is in conflict with the will of God, punishment of this conflict will be harsh. Tragedy of torture is based on this imaging from crime. Torture is a reflection of God power against crime and criminal. Thus, greater torture means greater power. In the opposition between God and the offender the violence of punishment must be greater than the violence of crime. Otherwise, God is defeated in its conflict with the offender. Tragedy of torture is based on the distribution of pain and not fast death. Revenge of power, as Gods agent, is long and harsh. In addition to destroying the crime, torture sends a harsh massage to society. Based on this message, conflicting with the will of power, that is Gods agent, will be punished with the same reaction. Tragedy of torture was the public display of Gods power in front of society. The effectiveness of this display depends on greater harsh scaring of society. In fact, society must be scared. Continuing of discourse of traditional authoritarianism is based on this system of imaging from crime and this tragedy of distribution of pain.
Scientific research
Tohid Shafizadehdizajy; Mohammad Ali Ardebili
Abstract
Introduction
Mainly the crimes happen within the borders of the countries. Because of that, the criminal law is defined as a law that has a very narrow connection with the sovereignty of the states. No country can combat the crimes out of its territory. This situation has been altered. Today, the way ...
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Introduction
Mainly the crimes happen within the borders of the countries. Because of that, the criminal law is defined as a law that has a very narrow connection with the sovereignty of the states. No country can combat the crimes out of its territory. This situation has been altered. Today, the way some crimes are committed has been changed and they cannot be confined within national borders. These crimes are called transnational crimes. Crimes with transnational features do not affect the core values of the human being’s life as it is in the crimes of international criminal law, rather these crimes make an international concern. They concern all the countries in one area and make it necessary to take new and effective measures to combat them. The inability of countries in combatting these crimes on their own, leads them to organize a transnational system or at least develop a transnational strategy based on regional cooperation. As mentioned, these crimes have a transnational feature and to combat them effectively, there must be a global and regional order. However, there are some problems such as the principle of sovereignty and non-interference in the affairs of countries. Because of these, countries are not reluctant to give their powers to other states in the field of combatting crimes and applying criminal sanctions.
Literature Review
From the point of theoretical studies' view, money-laundering is one of the most important transnational crimes because this crime can be a base for other crimes. This crime changes the illegal profits of crimes to legal and legitimate money that nobody can discover its origin and therefore this money can be used to commit other crimes such as terrorism. Money-laundering is highly related to the financial systems of countries. In other words, we can say that it happens in this context. So, when money-laundering happens in more than one country, the financial systems of all the involved countries must be taken into account. Therefore, to combat money-laundering, it needs to take special measures regarding the relation between the countries such as international cooperation.
Methodology
The method that has been used in this paper is to study and scrutinize all Iranian laws and regulations in order to find exactly what the role of international cooperation is to combat money-laundering in Iranian criminal law and what can be done to improve it. The main aim of doing so is to make it obvious how much the Iranian legislator has taken international combatting transnational crimes into consideration. In this regard, two most important laws have been studied: The Iranian Law of Combatting Money-Laundering 2007 and the Iranian Law of Combatting Terrorism Financing 2015 and their by-laws and related regulations. Moreover, in this paper, the agreements between Iran and other countries that has been passed by the parliament and became laws has been studied.
Results and Discussion
In Iranian Law of Combatting Money-laundering 2007 this kind of cooperation has been mentioned but there are still substantial defeats that make the measures ineffective. The mentioned kind of cooperation is very low-level and cannot satisfy the main needs of combatting transnational crimes. In this law, just judicial cooperation for exchanging information is predicted whereas the main part of international cooperation to combat transnational crimes is the active kind of cooperation such as accepting the legal orders issued by the judicial authorities of other states. But, in agreements between Iran and other countries, in some points we can see effective improvements. Some of these agreements are specialized in combatting transnational organized crimes. In one of them, i.e., The Agreement on Cooperation in the Security of the Caspian Sea 2014, the important factor of region has expressly been taken into account. However, it seems that these agreements can be more improved so that they can be used for effective combatting transnational crimes. In other words, it needs to seek for a new context and effective measures.
Conclusion
Based on what has been studied in this paper, it seems that due to its structure, history, and functions, the Economic Cooperation Organization (ECO) can be the best choice for making new orders to combat the transnational crime of money-laundering The main function of this organization is to promote the economy of the parties and this end is directly threatened by money-laundering. As we mentioned, money-laundering can threaten the financial systems of countries by making some notable problems for right and smooth operation of them. Therefore, if this organization wants to achieve its goal and do its functions properly, it must remove all the issues that threaten the economies of the parties. Moreover, ECO has a very suitable structure to make new arrangements between parties to combat money-laundering. When we study the measures of this organization, we see the ‘ECO Regional Center for Cooperation of Anti-Corruption Agencies and Ombudsmen’. The same center can be organized for combatting money-laundering. Also, ECO wants to make a common police force between countries, i.e., ECOPOL. This police can play a very important role in combatting the transnational crime of money-laundering. This cooperation can be structured based on the reciprocal recognition of judicial decisions that is highly recommended for international cooperation to combat transnational crimes.
Scientific research
Mahla Aghaie; SAEED MALEKOSADATI; Mostafa Salimifar
Abstract
Introduction
Innovation is at the center of attention in economic growth theories. It can largely determine the production capacity of economies. Although the effects of factors such as human capital accumulation, financial development, and ease of technology transferring in encouraging innovators ...
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Introduction
Innovation is at the center of attention in economic growth theories. It can largely determine the production capacity of economies. Although the effects of factors such as human capital accumulation, financial development, and ease of technology transferring in encouraging innovators are straightforward, the role of intellectual property rights is still debatable. In this regard, economists such as Schumpeter and Helpman have different theories. Schumpeter's theory of creative destruction suggests that with the protection of intellectual property rights, an innovator gains monopolistic power by presenting new products to the market. This monopoly motivates other people to make more advanced and higher-quality innovations in the process of "creative destruction". But Helpman believes that when imitation is the only channel for product transfer from developed countries to less developed countries, strong intellectual property rights in less developed countries will have a negative impact on innovation.
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement states that, for the purposes of the agreement, the term “intellectual property” refers to all categories of intellectual property namely, copyright and related rights, trademarks, geographical indications, industrial designs, patents, layout-designs (topographies) of integrated circuits and undisclosed information. According to the definition of the Organization for Economic Co-operation and Development (OECD), “innovation” is the implementation of a new or significantly improved product (good or service), or process, a new marketing method, or a new organizational method in business practices, workplace organization or external relations. In this study, the economic complexity index was used to measure innovation. The economic complexity index shows the ability of countries to produce complex goods through providing appropriate structures for individual interaction in order to integrate diffused and diverse knowledge and utilize it. This indicator is determined by the diversity of products produced by each country as well as the number of countries that can produce that product (ubiquity).
In this way, according to Schumpeter’s and Helpman's different views about the impact of intellectual property rights on innovation, this paper try to answer these questions: Is there any relationship between protecting intellectual property rights and innovation? If so, how is this relationship?
Methodology
This paper examines the factors affecting innovation emphasizing intellectual property rights over the period of 1976-2010. Since, according to theoretical foundations, the relationship between innovation and intellectual property rights can be different in countries with high and low per capita income, in this paper, countries where research variables data was available for them are divided into two groups: upper-middle per capita income and lower-middle per capita income countries. Therefore, the present study has two main objectives: First, the study of the factors affecting innovation, and secondly, the impact of intellectual property rights on innovation in countries with upper and lower-middle per capita income.
After collecting data about the variables of the research, for the analysis of data and examining the effect of independent variables on the dependent variable, innovation, the generalized method of moment (GMM) has been used in the form of dynamic panel data model. One of the advantages of dynamic panel data is that it allows a better understanding of dynamic adjustment for the researcher. These dynamic relationships are distinguished from other panel data models by using the dependent variable as one of the explanatory variables.
Research variables are including: innovation (ECI), intellectual property rights (IPR), foreign direct investment (FDI), financial development (FD), human capital (HC), trade openness (TO), and population (POP).
Results and Discussion
The results of the model estimation in upper-middle per capita income countries show that there is a positive and significant relationship between intellectual property rights and innovation. This confirms Schumpeter's creative destruction theory. In this way, by protecting intellectual property rights, the innovator has acquired monopoly rights and others have no right to imitate his/her innovation. This will increase the incentive of others to innovate more and more, and thus innovation will increase in the process of creative destruction. But the results of the model estimation in the group of countries with lower-middle per capita income indicate that protection of intellectual property rights have not any significant effect on innovation in these countries. The production of complex goods, on the one hand, requires the cheap access of innovators to previous technologies and, on the other hand, requires material incentives and economic benefits in the production of these goods. So, the increase in the security of intellectual property rights, on the one hand, makes it difficult for innovators in lower-middle per capita income countries in access to previous technologies but on the other hand, it raises material incentives for producing sophisticated products. Since these two effects are in the opposite direction, in the studied countries none of the two effects have overcome the other, and thus, it is observed that the consolidation of intellectual property rights does not have a significant effect on innovation.
Also, the results of the econometric model show that in upper-middle per capita income countries, foreign direct investment has a negative and significant effect on innovation and variables of financial development, population and trade openness have a positive and significant effect on innovation. Human capital also does not have a significant effect on innovation in these countries. In lower-middle per capita income countries, foreign direct investment has a negative and significant effect on innovation and human capital has a positive and significant effect on innovation. Other research variables have no meaningful effect on innovation.
Conclusion
In this paper, the relationship between intellectual property rights and innovation has been investigated in two groups of countries with upper-middle per capita income and lower-middle per capita income for the period 1976-2010, which is divided into seven five-year periods, in format of a dynamic econometric model and by using the generalized method of moment. Unlike recent studies, in this paper, the representative variable for innovation is the economic complexity index, which in some ways is preferred to the indicators that have been used for innovation so far.
The obtained results show that the protection of intellectual property rights affects innovation only in upper-middle per capita income countries. This result suggests that innovation simultaneously is the result of two processes: invention and imitation. Although these two processes exist in both groups of countries, the role of imitation is bigger in lower-middle per capita income countries and the role of the invention is more pronounced in upper-middle per capita income countries. The imitation process suffers from guaranteeing intellectual property rights and the invention process benefits from the assurance of intellectual property rights. For this reason, the positive effect of increasing the protection of intellectual property rights on innovation is lower in countries with lower-middle per capita income. Therefore, Iran, as a low per capita income country, should support a degree of intellectual property rights that does not stop the imitation process.
The foreign direct investment variable in both groups of countries has a negative effect on innovation. It can be explained that a significant part of foreign direct investment is allocated to the production of primary goods and services. The service sector is not considered in the economic complexity index, and the production of primary goods also reduces the economic complexity. Human capital has a positive effect on innovation in the group of countries with lower-middle per capita income; and in upper-middle per capita income countries, there is no significant effect on innovation. Variables of financial development, population, and trade openness have a positive effect on innovation only in countries with upper-middle per capita income.
