论新商标法中的驰名商标的修改

驰名商标具有无形的财产价值,它所蕴涵的内在经济价值是不可预估的。世界各国对于驰名商标都给予了特殊的保护,将其用法律的方法保护。相对于普通商标而言,驰名商标能获得的保护更多。驰名商标的保护是商标法保护的核心,由于其巨大的经济效益导致其被盗用或模仿的可能性比普通商标更高,因此对其保护更加周密严格。驰名商标可以获得跨类商品等较高的保护水平,较之于普通商标还拥有一些特殊的权利,我国现行的《商标法》建立了比较完善的驰名商标保护制度,但是仍有不足之处,故针对这些不足之处提出一些意见。     

TRADEMARK SALES,ENTRY, AND THE VALUE OF REPUTATION*

We develop an infinite‐horizon, overlapping‐generations model of reputation in which consumers base willingness to pay for agent services on past performance summarized by a trademark. We show that when trademarks can be sold, successful firms capture the full value of their reputations upon sale but receive smaller premia for good performance while active as service providers. With discounting, all agents are worse off with trademark trade. Taking entry cost into account, we show that trademark trade typically reduces entry. When entry costs are high, welfare is increased by prohibiting such trade.     

论商标权的原始取得

就商标权原始取得而言,商标注册和使用都具有重要意义。绝对的使用取得模式符合商标权的产生机理,但有违效率原则;纯粹的注册制度满足效率上的要求,却可能导致注册权利与市场实际相脱节,并引发商标抢注。只有兼顾注册与使用效力的商标确权制度才能确保效率与公正,这也正是各国商标法孜孜以求的目标。就此而言,我国商标法应在完善商标注册制度的同时,进一步强化对未注册商标的保护。     

Estimating the bilateral impact of nontariff measures on trade

This paper seeks to estimate how the impact of nontariff measures (NTMs) on trade can vary across exporter–importer pairs. Covering data for the early 2000s, regressions are run at a disaggregate tariff line level and the estimated results are converted into ad valorem equivalents (AVEs). The results underline the importance of conditioning conclusions on trading partners and products and demonstrate that the same NTM can have different—even opposite—effects across exporting countries. One general pattern that emerges is that low‐income importers impose more restrictive NTMs, but that the capacity for exporting countries to address NTMs increases with GDP per capita.     

Globalization of technology: Network analysis of global patents and trademarks

This study explored how the structure of globalization of technology via intellectual property networks has changed longitudinally, and compares the structures of global trademarks and patents. It suggests that network analysis provides useful tools for describing recent trends in the globalization of technology. Network analyses describe which countries have higher technological capabilities, and also how countries are mutually connected for technological collaboration or transfer. In addition, network analysis confirmed that both the trademark and patent networks have become decentralized over time.     

Measuring Variety and Quality of Products with Trademarks

Abstract

The variety and quality of products has a great importance in the analysis of international trade flows. Several theoretical models show that larger and richer economies produce and export goods characterized by higher variety and quality. Accordingly, empirical studies have tried to quantify this relationship by investigating directly the composition of trade. In this paper we propose the use of trademarks to estimate the variety and quality of goods and services. We consider the Community trademark applications filed by 120 countries and distinguish the variety of the underlying products across classes (extensive margin) from the variety within classes (intensive margin). Then we estimate the quality of a country's goods and services observing how much its trademarks are extended on multiple classes (quality margin). The empirical analysis consists of simple cross-sections of the ‘applicant’ countries. The extensive margin is found to account for about 40% of the higher number of entries of larger and richer economies, while differences in quality seem to explain about 10% of national differences in trademark applications. These findings partially confirm those of previous empirical studies, although the nature of the data and the methods of classification lead to some quantitative discrepancies and to a different interpretation of the results.     

Equity-settled share-based payments and their (strategic) use under asymmetric information

Share-based payments are of widespread use in today's economy. Consulting firms are increasingly accepting equity compensation for their services (particularly from startups) and many governments provide fiscal incentives to support this choice. Likewise, profit-sharing licensing is an on-trend business practice by innovative firms and patent holders when transferring their technology to interested adopters. This paper unveils strategic considerations according to which an agent/seller designs its optimal policy in regard to the equity share to request in exchange for its service, technology, or trademark. The model assumes a fringe of interested users/customers differentiated by both the support they need from the seller and the value of the underlying relationship; and also holding an informational disadvantage on their own type. Given the seller's cost configuration, equilibrium outcomes entail entering a profit-sharing relationship either with the high-type customers only or with all customers. Yet, in this case, equity-based payment claims are —for rent extraction purposes— common (i.e., not differentiated) across types.     

Sectoral patterns of firm exit in Italian provinces

There is considerable variation in the firm exit rate across the 103 provinces in Italy. This paper investigates a range of determinants of the exit rate for twelve different sectors in the Italian provinces for a period of eleven years. The analysis shows that the exit rate is positively affected by entry in the previous year (displacement) in the same sector. Previous exit has a different effect for the manufacturing industry as compared to the business services. More specifically, exit persists in manufacturing while in the business services it is rather exit in related sectors in the same province that leads to increased exit, probably due to the loss of clients or suppliers. The presence of industrial districts diminishes exit, especially in two manufacturing sectors (Food and Clothing), Commerce and Transport. Provinces with strong trademark activity appear to have lower exit rates.     

COPYRIGHT AND BRANDS IN THE DIGITAL AGE: INTERNALIZING THE EXTERNALITIES OF MEANING

The adoption of binary code as the universal standard for globalized communications generates highly positive externalities of the kind often referred to as “network effects.” But what about meaning? What are the externalities associated with the formatting and circulation of meaning, and are they all positive? Within the digital paradigm, is it really possible to separate the notion of expression—covered by copyright—from the meanings conveyed? Isn't meaning closely related to the concept of brand? And on that assumption, how do copyright and trademark institutions work together to stimulate and promote the generation of meaningful information? To answer these questions, we will look at how the meaningful forms of expression—the “works”—that have historically been covered by copyright generate specific types of externality, both positive and negative, giving rise to both incentive and censorship mechanisms. We will then show how the institutions of copyright and author's rights that allow the appropriation of a meaning‐dependent good also confer a brand on it by identifying its sources. This leads to cross‐externalities between works of expression and publishing brands, with the result that copyright and trademark institutions cannot be completely separated from each other. (JEL K11, L5, L82, B25)     

The multinational corporation vis-à-vis societies in transformation: The case for intermediate technology in the developing countries

There are preciously few problems, no matter how intricate, which—when perceived form more different angles and over more time—do not grow in complexity. Perhaps the most complicated problem that crossed this author's path is the development of Asia, Latin America and Africa.Development to what? As a Dutch economist who sees himself preferably as a socioeconomist, I perceive development as a level of human dignity that requires, a priori, employment. For to be unemployed is to be outside society and to lose face, self-respect and income.As a regional planner for a large multinational corporation—CPC International, Inc.—I have studied in some depth what comes first: education or employment; resources or employment; consumption or production; food or productivity; agriculture or industry; growth or distribution. Having been exposed to these problems in various continents, I have reached the conclusion that employment is, on balance, the number one priority.That priority calls for a highly labor-intensive technology, which in this article is termed “intermediate technology”. It constitutes one phase of development that can create rock-bottom employment, a meager but sure and growing income, and human dignity for one billion marginated people in three continents. That objective requires ingenuous technological forecasting for vital social change.     

Revisiting the welfare effects of eliminating business cycles

We investigate the welfare effects of eliminating business cycles in a model with substantial consumer heterogeneity. The heterogeneity arises from uninsurable and idiosyncratic uncertainty in preferences and employment status. We calibrate the model to match the distribution of wealth in U.S. data and features of transitions between employment and unemployment. In comparison with much of the literature, we find rather large effects. For our benchmark model, we find welfare effects that, on average across all consumers, are of a bit more than one order of magnitude larger than those computed by Lucas [Lucas Jr., R.E., 1987. Models of Business Cycles. Basil Blackwell, New York]. When we distinguish long- from short-term unemployment, long-term unemployment being distinguished by poor (and highly procyclical) employment prospects and low unemployment compensation, the average gain from eliminating cycles is as much as 1% in consumption equivalents. In addition, in both models, there are large differences across groups: very poor consumers gain a lot when cycles are removed (the long-term unemployed as much as around 30%), as do very rich consumers, whereas the majority of consumers—the “middle class”—sees much smaller gains from removing cycles. Inequality also rises substantially upon removing cycles.     

TESTING THE BAUMOL–NORDHAUS MODEL WITH EU KLEMS DATA

Baumol's (1967 ) seminal model of structural change predicts that large service industries financed mainly through taxes and social contributions—like health care and education, for instance—will acquire ever‐larger shares of total expenditures and that, concomitantly, overall productivity growth will decline. Applying a new testing strategy for Baumol's model, Nordhaus (2008 ) finds strong evidence in favor of the “cost and growth diseases” in U.S. GDP‐by‐industry data (published by the Department of Commerce's Bureau of Economic Analysis). The aim of the present paper is twofold. The first is to check whether Nordhaus's results can be reproduced using U.S. industry data from the EU KLEMS database. Second, Nordhaus's testing methodology is applied to European Union data from the same database. The results suggest that—although there are differences vis‐à‐vis the U.S.—the EU also shows symptoms of “Baumol's diseases.”     

论证明商标

证明商标与集体商标的所有人均为某一集体组织，但二者在构成条件，功能，转让，使用管理以及对所有人的要求等方面都有所不同，与相关法律规定的保护原产地名称的方法相比较，证明商标是保护原产地名称的最有效手段，证明商标作为一种特殊的商标，其使用管理必须遵循特殊的规则和办法。     

Endogenous trade policy in general equilibrium: An interaction of redistribution rule,trade openness,and labor market condition

Using a general equilibrium framework, the paper derives trade policy endogenously for a small country. It shows that, contrary to the existing literature, a lobbying industry is not guaranteed trade protection; it may even face trade taxes. Besides lobbying, trade policy depends on other factors such as the trade revenue distribution rule, income distribution across groups, trade openness, factor substitutability in production, industry employment size, and labor market flexibility. The paper also shows that the observed phenomenon of government preference for import tariffs over export subsidies—a long overdue puzzle—is an inherent outcome of lobbying equilibrium. It also shows that trade policies such as import tariffs and export taxes that have the same impact on economic market—Lerner symmetry (1936)—are driven by the same forces in the political market.     

Polarization patterns in economic development and innovation

This paper examines the polarization of economic development in African economies. Based on nonparametric and bipolarization frameworks, we find that countries tend to cluster in two classes, and that bipolarization has been accelerating over the period 1966–2008. We relate the evolution of income bipolarization to specialization in a country. The main sectors that tend to reduce income bipolarization are mining and services. We also study the effects of innovation on income polarization. In particular, we analyze short-run and long-run effects of innovation and their inter-relationship with income polarization. We show that the impact of innovation differs depending on its origin and its type. If innovation is resident, then trademarks outweigh patents. On the contrary, if the origin of innovation is non resident, then patents have a greater effect. Moreover, there is an adjustment process between trademarks residents and patents residents. In the short-run, when trademarks residents are too high, they quickly fall back toward patents residents level. We do not observe such adjustments between trademarks non residents and patents non residents. Last, unexpected shocks that affect patents (res. trademarks) have a permanent (res. transitory) effects on income polarization.     

企业商号与商标一体化策略研究

鉴于我国商号和商标法律制度不够完善,企业实行商号与商标一体化战略有利于其商号与商标的保护.企业实行商号与商标一体化策略不仅必要,而且因为商号与商标在特征、功能、构成要素上有类同、重合等之处,所以也可行.企业实行商号与商标一体化战略的具体方案有二:一是把商号注册为商标;二是把商标登记注册为商号.     

Does income inequality sand or grease the wheels of entrepreneurial activity? International evidence

Using a large panel of countries, this research examines the influence of income inequality on entrepreneurship. The impact of income disparities on entrepreneurship is not clear a priori—with a positive effect when inequality encourages entrepreneurship (“greasing effect”) or a negative effect when entrepreneurship discourages entrepreneurship (“sanding effect”). Our findings, across alternative measures of income inequality and even allowing for simultaneity, are consistent with the motivation or greasing effect. An equally insightful finding is that the effect of inequality switches across the prevalence of entrepreneurship—the sanding effect exists in nations with a low prevalence of entrepreneurship, and switches to a greasing effect as the prevalence of entrepreneurship increases. This is suggestive of positive network externalities from entrepreneurship—it takes a threshold level of entrepreneurship in a nation for greasing from income inequality to take hold.     

农业品牌化和地理标识保护策略——以“麻阳柑桔”注册商标为例

文章通过对麻阳县柑桔协会注册管理"麻阳柑桔"证明商标及其成效的分析,提出协会注册商标是我国提高农民组织化、推进农业品牌化和加强地理标识保护的一个路径,并就如何鼓励协会注册商标提出了相应的对策建议。     

驰名商标权人责任承担的法经济学浅探--由雀巢事件谈起

与普通品牌相比，驰名品牌在市场占有率、信誉、影响力等方面占据优势，因此它所造成的损害后果就更严重。雀巢等事件的发生，在一定程度上显示了驰名商标特殊保护的背后忽视了其所产生的负面影响，忽视了制度设计的平衡——权利的扩张与限制、权利的配置与利益的均衡。为保证权利义务的一致性，立法上应规定驰名商标权人应对自身的产品承担比普通商标权人更多的义务和更大的责任来保证其超额权利的获得。