不均质后发大国知识产权保护政策困境

知识产权保护制度并非仅有利而无弊,也决非越严越好,取决于经济、技术发展水平的适度知识产权保护将能够更好地为国家利益服务.中国作为一个后发大国,要求知识产权保护在鼓励自主创新、吸引FDI与促进国际技术扩散中权衡,并且经济、技术发展不平衡的各区域也要求不同的知识产权保护水平.适度知识产权保护如何与目前多边性、双边性国际知识产权协议相适应、又与各区域经济发展水平和技术能力相适应是不均质后发大国知识产权保护政策选择和运行所面临的多重困境.     

Does good governance matter for FDI inflows? Evidence from Asian economies

This paper examines the effects of the six components of good governance on foreign direct investment (FDI) inflows in 15 Asian economies for the period 1996–2007 using a fixed effect model for panel data with heteroskedasticity corrected standard errors. The study also employs the feasible general least square (FGLS) and Prais-Winstein panel estimation methods in order to check the consistency of the results with the fixed effect model. The empirical results reveal that of the six components of good governance, political stability and absence of violence, government effectiveness, rule of law, and control of corruption are the key determinants of FDI inflows, as they exhibit consistent results under different models. However, the study finds no significant evidence with voice and accountability and regulatory quality in FDI inflows. The study reveals that human capital, infrastructure, lending rate, and GDP growth rate also have a significant influence on FDI inflows. We conclude that a country which can enhance its governance environment in general is likely to attract more foreign direct investment despite offsetting deficiencies in other dimensions of good governance such as voice and accountability and regulatory quality.     

Intellectual property rights,FDI, and technological development

This paper presents two simultaneous trade-offs faced by a developing country in protecting intellectual property rights (IPRs), namely (1) between attracting foreign direct investment and deterring international technology spillovers, and (2) between encouraging domestic innovation and suppressing technology diffusion. The optimal level of IPR protection depends on the technological capability of the host country. In less developed countries, IPRs should be just strong enough to induce FDI since international technology spillovers are the dominant source of technological development. A stronger level of IPR protection is instead recommended for more advanced emerging economies as a tool to exploit the potential of their domestic innovators. The results cast doubt on the adequacy of globally harmonized IPR standards that do not consider the level of development.     

Quid pro quo and the enforcement of intellectual property rights protection: A bargaining approach

This article models a North–South negotiation where the North provides a quid pro quo in exchange for the strengthening of the enforcement of intellectual property rights (IPR) protection in the South. We show that when Northern and Southern firms compete on quantity in the Southern market, the South's optimal choice is either complete protection or complete violation, irrespective of different levels of IPR protection being available. We show this to depend on the Southern government's valuation of the quid pro quo and the Northern firm's level of technology.     

The impact of regulatory quality on intra-foreign direct investment flows in the ASEAN markets

Using a panel data set containing information on FDI flows from home to host countries, this paper examines the impact of changes in the quality of government regulatory effectiveness and governance practices upon the direction of outward FDI flows between five ASEAN economies of Indonesia, Malaysia, Philippines, Singapore, and Thailand. The results show that a deterioration in the effectiveness and enforcement of investment regulations (such as price controls and excessive regulation in foreign trade and business development) have an adverse effect upon intra-ASEAN FDI, and are significant factors in explaining the recent downward trend in ASEAN FDI flows. These results are robust to changes in a number of controlling variables for various economic conditions that the extant FDI literature consider. Also, these results have several significant implications for future policy makers in recommending means to revitalize intra-ASEAN investment.     

Causes of Financial FDI Inflows into Sub‐Saharan Africa (SSA): Evidence from Ghana

The main aim of this article is to examine the factors that influence the inflow of financial foreign direct investment (FDI) into SSA and to understand foreign investors’ perceptions of the role of institutional factors in facilitating financial FDI inflows and the extent to which the postreform business environment has been successful in attracting financial FDI inflows into SSA. An in‐depth qualitative study was adopted for the research. Using two financial multinational corporations as case studies, the environmental factors that influenced their decision to choose Ghana as an investment destination are examined, as well as the institutional and regulatory factors that affect their current operations and future investment decisions. © 2014 Wiley Periodicals, Inc.     

中国对外直接投资能否提升区域绿色创新效率——基于知识产权保护视角

文章基于中国2004~2017年省际面板数据,实证考察了知识产权保护对OFDI驱动区域两阶段绿色创新的异质调节影响。研究发现:中国OFDI显著提高了区域绿色技术研发效率和绿色成果转化效率,且对后者的促进作用大于前者;知识产权保护对OFDI逆向绿色创新溢出具有显著的调节作用,在绿色技术研发阶段和绿色成果转化阶段分别呈现正向边际效率递增和正向倒"U"型动态特征,在两阶段应分别实施更为严厉和强度适中的知识产权保护调节策略;知识产权保护对OFDI逆向绿色创新溢出的动态调节效应存在显著的空间差异,在两阶段绿色创新过程中,东部地区均应比中、西部地区实施更为严厉的知识产权保护策略。     

Trade Protection During the Crisis: Does it Deter Foreign Direct Investment?

This paper looks empirically at the implications that protectionist measures implemented during the current crisis may have had for a country’s ability to attract foreign direct investment. The research utilises data on such measures that are available from Global Trade Alert, combined with bilateral FDI data between OECD countries and a large number of partner countries for 2006 to 2009. This allows us to examine the short‐run effect that protectionist measures may have had on bilateral FDI flows. The verdict from this analysis is clear: a country that implements new protectionist measures may expect that this may result in lower foreign direct investment inflows into the economy. The point estimates from our preferred specifications suggest that, depending on the empirical model, the implementation of a trade protection measure is associated with about 40 to 80 per cent lower FDI inflows. Trade protection does not appear to have any implications for the country’s FDI outflows, however. The negative effect on FDI inflows does not appear to be due to direct investment measures but rather to actions related to intellectual property rights protection and other more trade‐related measures.     

How do country regulations and business environment impact foreign direct investment (FDI) inflows?

How do multinationals choose which countries to invest in? This study addresses the essential question of the impact of regulatory variables in attracting or deterring foreign direct investment (FDI). We separate regulatory variables based on different stages of a firm’s life-cycle. Using World Bank data for 189 economies, we examine which host country regulatory factors influence inward FDI. We find that countries with stronger contract enforcement and more efficient international trade regulations attract more FDI. The interaction terms suggest that multinational companies are willing to trade-off a country's poorer institutional variable in return for another where the institutional variable is stronger. For example, multinationals are willing to invest in countries with less efficient entry and exit regulations in exchange for stronger contract enforcement. These results also have important implications for government policy reform.     

FDI,Growth and the Asian Financial Crisis: The Experience of Selected Asian Countries

This paper studies the trends in foreign direct investment (FDI) flows into selected South‐East Asian and East Asian economies after the Asian crisis. Empirical evidence indicates that South‐East and East Asian economies are recovering from the Asian crisis with strong output growth driven largely by export growth. However, output growth in the post‐crisis period is also accompanied by rising unemployment rates, growing government deficits, and declining FDI inflows into the South‐East Asian region. The declining FDI inflows into South‐East Asia after the crisis is of concern, as our empirical results show that FDI is important for output growth in the region. Our results also suggest that there might have been structural changes in the regional economies that could have led to a downward shift in the output growth of Asian economies in the post‐crisis period. This raises the issue of the sustainability of their output growth in the post‐crisis period.     

State policies and the challenges in attracting foreign direct investment: A review of the Ghana experience

Foreign direct investment (FDI) to low‐income countries has not only received much publicity in the past two decades due to its economic importance, but its overall flow to these countries has also significantly increased in both relative and absolute terms. However, only a few sub‐Saharan African countries have been successful in attracting significant FDI flows. This article examines Ghana's experience in attracting FDI. Thus, the main thrust of this article is threefold. First, it evaluates the main economic policy adopted by the government from 1981 to 2002 to reverse the post‐independence economic decline. Second, it examines how the policies facilitated the attraction of FDI inflows to Ghana. Finally, it reviews some of the problems that impede the attraction of value‐added FDI inflows to Ghana. Qualitative analysis of available evidence reveals that the implementation of the Structural Adjustment Program (SAP), the main economic reform policy, has led to an increase in the number of multinationals investing in Ghana. This article argues that Ghana's SAP has had some degree of success in many areas, including the lowering of inflation; promotion of an environment of financial stability; elimination of the licensing requirement; the opening of previously closed sectors; removal of tariff barriers that prohibit FDI inflows; abolishing exchange controls; and reducing opportunities for the foreign exchange black market. In spite of the developments, there are still serious challenges that hamper the attraction of FDI inflows into the country. This article contends that there is the need for urgent action to tackle these challenges. © 2004 Wiley Periodicals, Inc.     

Intellectual property rights and foreign direct investment

This paper develops a product cycle model with endogenous innovation, imitation, and foreign direct investment (FDI). We use this model to determine how stronger intellectual property rights (IPR) protection in the South affects innovation, imitation and FDI. We find that stronger IPR protection keeps multinationals safer from imitation, but no more so than Northern firms. Instead, the increased difficulty of imitation generates resource wasting and imitation disincentive effects that reduce both FDI and innovation. The greater resources absorbed in imitation crowd out FDI. Reduced FDI then transmits resource scarcity in the South back to the North and consequently contracts innovation.     

Does the Quality of Investment Protection Affect FDI Flows to Developing Countries? Evidence from Latin America

Studies on the impact of international investment agreements (IIAs), including bilateral investment treaties (BITs), on foreign direct investment (FDI) inflows have been inconclusive. This paper contributes to the debate about the effectiveness of IIAs using an original database that differentiates between investment agreements according to the quality of investor protection, and which covers a wide variety of trade and investment agreements signed and ratified in the Americas. We find evidence that in the least likely case of south–south FDI flows, high‐quality international investment treaties have a demonstrable effect on foreign direct investment inflows. Moreover, international investment agreements appear to be most effective in a context of deeper economic integration. That is, they work better when they provide higher quality protection to investors and when they are combined with other preferential economic integration agreements, such as trade agreements.     

The impact of civil war on foreign direct investment flows to developing countries

We investigate the impact of civil war on foreign direct investment (FDI) flows to developing countries. We employ a new data-set that disaggregates FDI inflows to primary, secondary and tertiary sectors. Second, we control for a richer set of economic and institutional variables that could determine FDI inflows including population, gross domestic product (GDP) per capita, the degree of trade openness, exchange rate variability, inflation, the governance structure of the host country using International Country Risk Guide data and its regime type using the POLITY autocracy–democracy data. We also address the reverse causality between FDI and conflict and the potential endogeneity of explanatory variables by employing dynamic system generalised method of moments (GMM) techniques in estimation. Our results indicate that primary sector FDI flows to developing countries are not significantly affected by civil war, whereas secondary and tertiary sectors FDI are more sensitive to such outbreak, potentially leading to reversals of existing FDI. Among institutional variables, government stability and control of corruption are more significant compared to regime type, law and order, and bureaucratic quality.     

入世十年与中国网络知识产权法制建设

现实世界中,知识产权的立法和保护已经在WTO成员域内得到普遍遵守,知识产权的执法问题也得到高度重视和关注。网络环境下,知识产权问题呈现出加强合作和注重技术等新特点。入世十年来,中国已经制定和完善了相关知识产权法律法规,特别是网络环境的知识产权保护。在国际层面逐步加强网络环境中的知识产权执法已经是势不可挡,中国对此依然面临着巨大挑战。     

Analysis of government policies,institutions, and inward foreign direct investment: Evidence from sub‐Saharan Africa

This article examines the effects of government policies and institutions on foreign direct investment (FDI) inflows in sub‐Saharan African context using both quantitative and qualitative approaches. On the quantitative approach, we analyzed the effects of institutions on FDI using two statistical techniques—canonical cointegration regression (CCR) and fully modified ordinary least square (FMOLS)—over the period of 1984–2012. We find that political instability, democratic accountability, and investment risk have significant impact on inward FDI in Nigeria. Using a trend analysis, our results provide evidence to suggest that liberal government investment policies have positive influence on FDI inflows. Our qualitative analysis over the 1962–2012 period supports the results of the quantitative analysis.     

中国是否应该继续大量引进FDI——多重视角下FDI对中国经济的影响分析

随着中国经济的发展和改革开放的深入,在经济全球化的推动下,FDI源源不断地流入中国,文章着重分析了FDI流入中国的产业经济学基础,同时对FDI对中国经济的影响做了分析。中国在国际贸易中的位置和全球要素禀赋结构的变化决定了即便在几十年后仍然会有大量FDI流入中国。流入中国的FDI可分为港澳台外资企业和其他外资企业,因为这两种FDI的战略定位不同,对中国经济的影响也存在差异。“增量改革”使得中国区域间和产业间发展极不平衡,各产业和各地区之间的情况差异也很大,两种FDI对中国经济的影响也需要分情况研究。文章把中国分为东部中部西部三个区域进行了分区域分析,又把工业行业分成四组分别进行了分行业分析,得到了较为具体的分区域分行业分析结果,同时针对中国的具体情况给出了政策建议,并认为在引进FDI时应针对不同的FDI采取不同的策略,同时积极培育具有国际竞争力的本土企业才是保证中国经济长久稳定增长的关键。     

Foreign direct investment and wages: a cross-country analysis

While globalization has led to overall economic growth in a number of countries, questions abound on its distributional effects, especially on rising wage inequality across nations. The main objective of this study is to investigate empirically the effects of foreign direct investment (FDI) on wages in a cross-country setting. We investigate the general equilibrium propositions that capital inflows (outflows) increase (lower) wages in host (home) countries due to the change in relative factor endowments. We also explore whether capital inflows have differential impacts on skilled and unskilled wages in developing economies. Time-series data on 26 countries, 15 developed and 11 developing, are used to fit the labour share equation derived from a translog GNP function with net FDI stock as one of its arguments. Results confirm that capital movement brings about a cross-country convergence of wages. However, there is some evidence that inward FDI flows increase the wage gap between skilled and unskilled workers in developing countries.     

Institutional determinants of inward FDI: Evidence from Pakistan

FDI has been growing at a spectacular pace all over the world and emerging countries have been successful in attracting more FDI compared to developed countries. Institutional factors are becoming more important as determinants of inward FDI for emerging markets. However, research in this area is inadequate and also incosnsistent in terms of findings. In this paper, we have examined the institutional determinants of Pakistani FDI inflows and also examined the relative importance of those factors. The paper has found that certain institutional determinants such as size of the government, legal structure and strong property rights, freedom to trade and civil liberty have strong positive effect on FDI inflows. Among the institutional variables, regulation has been found to be most important to influence inward FDI flow to Pakistan. The paper has also found evidence that there was a structural break in FDI flows in Pakistan which coincides with market liberalization programme in early 1990s. This confirms the effectiveness of conducive institutional environment to attract foreign investment. Moreover, we have found that military government is more successful in attracting FDI compared to democratic government in Pakistan.     

Exchange Rates and Competition for FDI in Asia

This paper argues that relative exchange rates between the host countries of foreign direct investment affect their competition for FDI. Specifically, if the host country currency appreciates against the source country's currency more than that of its rival, FDI inflows of the host country will decrease, while FDI inflows increase in the rival country. Using the data of Japanese FDI in nine Asian manufacturing sectors from 1981 to 2002, the paper examines the hypothesis in the context of the competition between China and ASEAN‐4 (Indonesia, Malaysia, the Philippines and Thailand). Empirical results show that the relative exchange rate is a statistically significant factor that determines the relative inflows of Japanese FDI for manufacturing as a whole, and for such sub‐sectors as textiles, food, electronics, transportation equipment, and others. Exchange rate policies of China and ASEAN‐4 played a critical role in dynamically reshaping the geographic distribution of Japanese FDI in Asia.