Self-employment: the role of intellectual property right laws

Little is known about the impact of intellectual property rights (IPRs) on typically imitative self-employment. IPR laws have contrasting dual innovation creation and access effects on self-employment activity. The first effect is positive where strong IPR laws promote innovation and so create new opportunities for self-employment. The second effect is negative where strong IPR laws restrict access to innovation and technology used as inputs to self-employed businesses. Using a 33-country dataset over the period 1995?C2000, we estimate the impact of IPR laws on self-employment, helping to fill the vacuum of empirical evidence that has plagued policy decision making in this area. We find that patent activity has a negative effect on self-employment. However, overall, we find that more extensive and strong IPR laws have a net positive effect on self-employment activity.     

完善知识产权保护体系促进对外贸易健康发展

作为世贸组织三大支柱之一的与贸易有关的知识产权,正越来越多地成为国际贸易摩擦的焦点。为履行加入世贸的义务,中国正在逐步加大知识产权保护的力度,但同时,中国也面临着前所未有、来势汹涌的知识产权维权浪潮。毋庸质疑,知识产权是一把双刃剑。中国的企业只有经历它所带来的磨砺和阵痛,才能明白自我约束和自我保护的益处,也只有这样,中国的企业才能适应和学会在国际市场上用规则对话。     

De-internationalization through the lens of intellectual property rights

Many studies have focused on internationalization, with few shedding light on de-internationalization. In this article, we contended that de-internationalization is common in a world of matured globalization, yet it remains underexplored. We sought to build on the seminal articles on de-internationalization by extending our understanding of the concept from a voluntary to an involuntary perspective. In particular, we used intellectual property rights as an institutional coercive dimension and set theory as a discerning mechanism to enrich our understanding of de-internationalization. Our article, which demonstrates the multi-faceted conditions of de-internationalization, should benefit formal institutions and policy makers in developing a greater understanding of the relationship between public policies and focal firms' decisions to de-internationalize. We also hope that our article will contribute to greater visibility of de-internationalization and make the concept more approachable to our international business audience.     

国有中小企业产权制度改革的会计制度设计

金融危机对实体经济的影响使国有中小企业产权制度改革变得更为重要.本文以金融危机为背景,从国有中小企业产权制度的现状入手,分析国有中小企业产权制度存在的会计漏洞,进而从会计防范的角度探讨国有中小企业产权制度设计的思路     

Protecting corporate intellectual property: Legal and technical approaches

The recent FBI v. Apple case has the potential to turn a 227-year-old statute law into a tool for government agencies to gain access to personal and corporate information. Recent events such as ‘Petraeus-gate,’ hacked nude celebrity photos in the cloud, and the use of a search and seizure warrant in the United States seeking customer email contents on an extraterritorial server raise important issues for the supposedly safe storage of data on the World Wide Web. Not only may there be nowhere to hide in cyberspace but nothing in cyberspace may be private. This article explores the legal and technical issues raised by these matters, with emphasis on the court decision In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation and the subsequent upholding of that decision.     

Development of intellectual property laws for the Russian Federation

In most industrialized nations, the concept and body of intellectual property laws is well into its third century of development and testing. The Russian Federation, however, has created and implemented an entirely new body of intellectual property law since the collapse of the Soviet Union in 1992. As American and other western firms work with the Russian Federation as a supplier and customer, they must recognize that the new nation has abandoned a legal philosophy denying the existence of intellectual property in favor of intellectual property laws recognizing and favoring private development and ownership of such property. This paper examines the Russian intellectual property laws and points out adaptations that western nations should make when dealing with similar entities in the Russian Federation. The study assumes familiarity with Russian history, language, and geography. A caution to domestic firms is that they should retain experienced legal counsel to deal with negotiations and contracts with Russian business interests.     

浅析我国的知识产权法律保护

本文总结了我国知识产权法律保护制度的现状,并分析了我国知识产权法律保护制度存在的问题.     

浅析我国的知识产权法律保护

本文总结了我国知识产权法律保护制度的现状,并分析了我国知识产权法律保护制度存在的问题.     

Innovation and intellectual property protection: : The software industry perspective

Digital commerce does not yet exist in a widely available, commercially viable form. Substantial amounts of innovation will be required to improve and customize existing technology and to create necessary new technologies for the digital marketplace. Recent months have witnessed the establishment of a broad array of new enterprises, joint ventures and business alliances aimed at preparing for a digital future. Driven by consumer demand, this trend will accelerate over the coming years. The author points out that a number of factors will be critical, however, in order for electronically harnessed information to become an established norm. For the software industry, the most important factor is strong protection of intellectual property rights. This is essential to the promotion and development of new applications and services. The author views the emergence of a digital marketplace as dependent on the combined advancements in technological safeguards and encryption techniques, and strong national and international legal safeguards for copyrighted materials.     

International diffusion and intellectual property rights: An empirical analysis

Does a stronger intellectual property rights regime lead to the faster diffusion of new products and technology? While there is a presumption that this is the case, our analysis of data on the international release patterns of Hollywood movies suggests a more complex story: although moderate standards of IPR encourage the spread of movies, either very weak or very strong property rights tend to slow the speed with which American movies are released abroad. This empirical finding is robust to a wide variety of specifications. Overall, it appears that while some recognition of IPR may encourage diffusion, very strong IPR may actually retard the speed of diffusion.     

Trends in worldwide intellectual property protection: The case of the pharmaceutical patent

The protection of intellectual property is of growing concern as an issue in international trade. Both the NAFTA and the TRIPS provide chapters on intellectual property, a subject matter included in multilateral trade agreements for the first time. These provisions were designed to reassure owners of such property that their rights would be protected in participating countries. Few industries are as dependent on adequate protection than the patent protected segment of the pharmaceutical industry. It is only through enforceable patent policies that drug companies can generate sufficient revenues to undertake the costly research and development that make the introduction of new products possible. This article examines recent trends in intellectual property protection on a global basis, focusing on differences and similarities within the pharmaceutical industry both in the European Community and the United States. Despite the focus on the pharmaceutical industry, the trends discussed should be of interest to any firm that utilizes intellectual property in its overseas activities. © 1995 John Wiley & Sons, Inc.     

利用国外资金为企业提供智力支持--机电商会"国际项目管理高级经理培训班"首战告捷

2004年11月15~13日机电商会组织5名优秀学员赴德进行了为期8天的项目管理实地考察,至此,机电商会首次利用国外资金为会员企业举办的"国际项目管理高级经理培训班"全部圆满结束。此次包括授课、考试和实地考察在内的项目管理培训受到了企业学员的广泛好评并获得了欧盟有关方面的充分肯定。     

如何保护工艺品出口知识产权

近年来,我国外贸遭遇了一次又一次的知识产权争端。进出口企业在遇到知识产权纠纷时,普遍认为这是国际市场通过滥用知识产权保护规则,构筑起新的贸易壁垒。然而从自身角度看,     

Preserving intellectual property rights: Managerial insight into the escalating counterfeit market quandary

The U.S. Customs and Border Protection reports that counterfeit goods seizures were up 83% in 2006. While a plethora of anti-counterfeiting strategies target distribution channels, international organizations, pirates, and company-based initiatives, few reports debate the effectiveness of these distinct anti-counterfeiting tactics to curb the problem. For this study we conducted in-depth interviews with United States managers to gauge the efficacy of various anti-counterfeiting tactics to preserve intellectual property rights. The results indicate that corporate managers find the practice of encouraging distributors to notify the manufacturer about counterfeits, as well as educating both employees and channel members about the counterfeit problem, to be some of the most effective ways to fight pirates. However, the managers report many other tactics are futile, including providing financial incentives for distributors to reject counterfeits and stressing the harmful effects of fake goods in advertising. We recommend a specific program that firms can employ to deter counterfeiting, including managing the registration of all trademarks and patents in key markets, establishing a company-based enforcement team, monitoring the growth of fakes through a central information repository, developing a muti-pronged action plan, and preparing to fight pirates through investigative work in conjunction with local law enforcement.     

Click here to agree: Managing intellectual property when crowdsourcing solutions

Tapping into the creativity of a crowd can provide a highly efficient and effective means of acquiring ideas, work, and content to solve problems. But crowdsourcing solutions can also come with risks, including the legal risks associated with intellectual property. Therefore, we raise and address a two-part question: Why—and how—should organizations deal with intellectual property issues when engaging in the crowdsourcing of solutions? The answers lie in understanding the approaches for acquiring sufficient intellectual property from a crowd and limiting the risks of using that intellectual property. Herein, we discuss the hazards of not considering these legal issues and explain how managers can use appropriate terms and conditions to balance and mitigate the risks associated with soliciting solutions from a crowd. Based on differences in how organizations acquire intellectual property and limit associated risks, we identify and illustrate with examples four approaches for managing intellectual property (passive, possessive, persuasive, and prudent) when crowdsourcing solutions. We conclude with recommendations for how organizations should use and tailor the approaches in our framework to source intellectual property from a crowd.     

中国知识产权制度日臻完善

随着我国加入 WTO,企业走向国际市场的高新技术产品逐渐增多,涉及到知识产权的贸易纠纷也随之出现。如何运用知识产权法律保护企业的劳动成果,维护市场有序竞争,是企业极为关心的问题。从本期开始经典案例栏目将视角转向知识产权方面,陆续刊登有关案例分析。此文作开篇,以普法形式先将我国知识产权制度介绍给企业。     

The critical role of timing in managing intellectual property

In today's environment, timing is a critical part of business strategy. Nowhere is this truer than as regards managing intellectual property in an increasingly global marketplace. The creation and protection of intellectual property assets often depends on consistently taking the right legal action at the right time. The consequences of failing to do so can be disastrous but may only be felt at a later time or in other markets. The difficulty for business people lies in the fact that the time-sensitive aspects of intellectual property cannot be managed effectively by relying on intuition or resolving to see a lawyer when the need arises. This article provides a basic primer on the critical role of timing in identifying, creating, and protecting intellectual property assets. It discusses the most common types of intellectual property—patents, copyrights, trademarks, and trade secrets—and compares the role of timing in the creation and protection of each asset type. Most importantly, it summarizes the key issues of timing in the creation and protection of intellectual property.     

How SMEs exploit their intellectual property assets: evidence from survey data

This paper seeks to understand how motives to patent affect the use of the patent portfolio with a particular focus on motives aimed at the monetization of intellectual property. The analysis relies on data from an international survey conducted by the European Patent Office. There are three main results. First, small- and medium-sized enterprises (SMEs) exhibit a much stronger reliance on ??monetary patents?? than large companies and nearly half of the SMEs in the sample patent for monetary reasons. Second, SMEs tend to use their patents more actively than large firms. Third, smaller companies generally have a higher proportion of their portfolio that is licensed, but the licensing rate is significantly higher in the USA. An American SME is twice as likely as a European SME to have a high share of its portfolio that is actually licensed, witnessing a fragmented market for technology in Europe.     

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.