商业秘密制度的法经济学分析

在经济学和法经济学领域,对商业秘密制度的研究要明显少于对版权、专利权等知识产权制度的其他形式的研究。与消费者直接相关的信息和知识不应属于企业的隐私,消费者有权知道消费品的全部真相,而保护强度超过版权和专利权的"超级专利权"的商业秘密制度大幅度地降低了消费者及整个社会的福利水平。     

Patent protection and foreign direct investment

The importance of development and use of products embodying intellectual property rights has increased dramatically. The growing share of knowledge‐intensive products in worldwide trade, together with the increase in international technological competition, has magnified the importance of patents and other forms of intellectual property. The objective of this study is to examine the effect of patent protection on inward foreign direct investment (FDI). It also examines the relative importance of other variables such as market size, trade orientation, unemployment rates, and so on. The findings are supportive of the fact that the level of patent protection is a strong determinant of investment flows. A proper understanding of this relationship will help firms and governments devise appropriate intellectual property policy to encourage the growth and expansion of FDI. © 2006 Wiley Periodicals, Inc.     

双向知识产权保护与企业出口动态

本文将产品质量引入多产品企业模型,构建双向知识产权保护影响企业出口动态的微观机制。理论分析发现,国内知识产权保护会通过创新激励效应促进本国企业出口产品质量提升,并促进企业出口产品种类和出口总量增加;国外知识产权保护会通过质量选择效应导致本国出口产品质量被动提升,进而降低本国企业出口总量,加速低质量产品退出。通过中国企业微观数据检验发现,国内和国外知识产权保护都会提升企业出口产品质量,并且国内知识产权保护增强会促进企业出口总量和出口产品种类增加,而国外知识产权保护增强会降低企业出口总量,对企业出口产品种类影响不显著,但是会加速企业旧产品退出;中介效应检验发现,国内和国外知识产权保护都存在创新激励效应,并且国内知识产权保护的创新激励效应更大,国外知识产权保护同时存在明显的质量选择效应。异质性考察发现,与总体回归相比,当国内知识产权保护强于国外时,国外知识产权保护增强会促进企业出口总量和出口种类增加;而国内知识产权保护水平弱于国外时,国外知识产权保护增强会降低企业出口总量和出口种类。     

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.     

Entrepreneurship,export orientation,and economic growth

In this paper the relationship between a country’s prevalence of new ventures and its rate of economic growth is investigated, while taking into account new ventures’ export orientation. It is generally acknowledged that new venture creation as well as export activity may both be important strategies for achieving national economic growth. However, to our knowledge no attempt has been made to investigate empirically the role of export-driven new ventures in economic growth. We focus on the national level and use data for a sample of 34 countries over the period 2002–2008. Our results suggest that, on top of a positive relation between entrepreneurial activity in general and subsequent macroeconomic growth, there is an additional positive effect of export-oriented early-stage entrepreneurship in higher-income countries. However, there is no such additional effect in lower-income countries.     

双向知识产权保护对中国出口三元边际的影响

理论分析了双向知识产权保护对出口国出口三元边际的影响,并选取2005—2015年中国出口到世界65个国家的HS-6位贸易数据,构建引力模型进行了实证验证。主要结论是,国内加强知识产权保护可以提升中国的出口种类和数量,贸易伙伴国加强知识产权保护可以提升中国的出口种类;没有证据表明,国内或国外知识产权保护水平的提升会影响中国的出口价格;当国内知识产权保护更强时,双向知识产权保护对中国出口种类的促进作用都有所增强,反之则二者作用都不显著;分国家类型的研究表明,双向知识产权保护的同时加强更有益于中国向发展中国家出口产品种类的扩张,但对发达国家则不显著。     

TRIPS_递增扩张及其在《反假冒贸易协定》中的生长

后TRIPS时代,递增获得了广泛的扩张,并对发展中国家的知识产权保护提出了严峻的挑战。而《反假冒贸易协定》更将知识产权的保护标准提升到一全新高度,进一步彰显了TRIPS_递增的生长趋势,必将对中国等发展中国家产生重大影响。在此背景下,把握TRIPS_递增及其在《反假冒贸易协议》中的特性,探析积极的应对措施乃本文目的所在。     

There will be exports and licensing: The effects of patent rights and innovation on firm sales

Previous work has focused on how intellectual property rights affect inward technology transfer. This paper is among the first to study whether patent rights contribute to outward technology transfers. Patent protection can affect the ability of firms to be sources of technology through its effects on innovation and commercialization. Using micro data, this paper finds that patent rights and innovation are positively associated with the exporting and licensing of firms, controlling for other determinants of technological capacity, although the effect is not symmetric across firms in all countries. Patent rights have a strong impact on the export and licensing activities of firms in developed countries, and only on the licensing activities of firms in developing countries. Moreover, transfers of technology develop sequentially – namely, exporting before licensing – due to the differing sunk costs of each type of entry. The results have implications for how innovation policies and activities contribute to the outward orientation of firms.     

Intellectual property: America's competitive advantage in the 21st century

Three forces reshaped the U.S. economy during the 1980s—globalization, the creation and application of new technologies, and the shift to a knowledge-based economy. By looking at the historic role of intellectual property rights in U.S. economic growth, one can see not only that an ability to create and adapt has always been the driving force in the U.S. economy, but that it will continue to be its strength in the future. This historical perspective leads to a fundamental conclusion: In the next century, U.S. economic growth and competitiveness will largely be determined by the extent to which the United States creates, owns, preserves and protects its intellectual property, and the extent to which the federal government can foster economic growth by creating incentives for private sector investment in research and development, promoting stronger intellectual property protection abroad, reducing barriers to trade and serving U.S. business interests throughout the world.     

Comment on Acs and Varga: Entrepreneurship, agglomeration and technological change

Acs and Varga (Small Bus Econ 24:323–334, 2005) employ GEM cross-national, industrial-level data for nine selected European countries in order to investigate the link between entrepreneurship, agglomeration and technological growth. Testing the knowledge production function in the spirit of Jones (J Polit Econ 103:759–784, 1995), they find that both agglomeration and entrepreneurship exhibit a statistically significantly positive effect on technological change. This comment mainly argues that this investigation only focuses on the growth rates but leaves out the effects induced by agglomeration and entrepreneurship on the level of knowledge. This might lead to biased estimates.     

商业方法专利战略研究

随着网络技术和电子商务的迅猛发展 ,出现了一种全新的在网络中进行商业活动的商业方法专利。对于企业来说 ,谁制订了有效的商业方法专利战略 ,谁就能在激烈的市场竞争中处于优势地位。取得商业方法专利会获得丰富的利润回报。企业在制订有效的商业方法专利战略时应着重考虑专利保护、撰写专利权利要求书应注意的事项等问题 ,以使自己在网络环境下的商战中立于不败之地     

知识产权保护与我国利用外资的相关性分析

伴随着经济全球化的不断深化和知识经济的兴起,知识产权保护对国际直接投资的影响备受关注。知识产权保护状况不仅影响一国利用外资的流量,而且在一定程度上影响利用外资的质量,直接关系到外商直接投资形式及进行技术转让的程度。文章在对相关理论回顾的基础上,从定性和定量两个方面,分析知识产权保护对我国利用外资的影响。     

论不动产税制改革与产权保护

从实质看,不动产税是对不动产产权的征税,产权保护是不动产税制良好运行的法律基础,上述结论在世界主要转轨国家的不动产税制改革过程中得到印证。而我国目前不动产产权格局是城乡二元结构、房地二元结构和城市多种产权性质的房产并立。如何在产权极其复杂的基础上开征不动产税,这是不动产税制改革要解决的首要难题。可以预见,不动产税的开征是产权保护工作中的推进器,而产权保护则为不动产税的开征奠定了良好的法律基础环境。     

国外专利权保护与出口——基于中国电子信息业的实证研究

文章采用双边贸易引力模型,基于三个细分电子信息业的数据对国外专利权保护与中国出口之间的关系进行了实证研究。结果发现,总体上,国外专利权保护会通过市场扩张效应促进中国电子信息业出口,但这种积极的贸易效应主要存在于经济发达或模仿能力强的进口国,而在欠发达或模仿能力弱的进口国,专利权保护则通过市场势力效应对中国电子信息业出口产生消极影响。另外,国外专利权保护对中国电子信息业出口的贸易效应会随时间发展而趋于明显。     

An absorptive capacity theory of knowledge spillover entrepreneurship

The knowledge spillover theory of entrepreneurship identifies new knowledge as a source of entrepreneurial opportunities, and suggests that entrepreneurs play an important role in commercializing new knowledge developed in large incumbent firms or research institutions. This paper argues that, knowledge spillover entrepreneurship depends not only on new knowledge but more importantly on entrepreneurial absorptive capacity that allows entrepreneurs to understand new knowledge, recognize its value, and commercialize it by creating a firm. This absorptive capacity theory of knowledge spillover entrepreneurship is tested using data based on U.S. metropolitan areas.     

Scientific Paradigms,Entrepreneurial Opportunities and Cycles in Economic Growth

In this paper I present a model of economic growth that combines insights from endogenous growth theory, the field of entrepreneurship research and the philosophy and economics of science. The model is built on three relatively standard assumptions and a Kuhnian approach to scientific knowledge accumulation. I assume that innovation generates economic growth, that opportunity driven entrepreneurship is an important source of innovation, that entrepreneurial opportunities increasingly arise out of scientific knowledge creation and that science follows Kuhnian paradigm shifting dynamics. The model then generates opportunity driven cycles in entrepreneurial activity that in turn cause waves of innovation and cycles in economic growth. This result is highly relevant and fills a gap in all three literatures as ‚traditional’ endogenous growth models typically generate constant growth rates in the steady state, entrepreneurship research keeps the origin of entrepreneurial opportunity exogenous and the literatures on the philosophy and economics of science ignore the important downstream economic implications of the non-profit driven institutional framework that governs scientific knowledge accumulation. This paper contributes by identifying scientific institutions and entrepreneurial activity as prerequisites for economic growth and it offers a tentative explanation for the rise and fall in the levels of scientific, entrepreneurial and economic activity over the Kondratieff-cycle.      

Exploiting Entrepreneurial Opportunities: The Impact of Entrepreneurship on Growth

Knowledge is recognized as an important ingredient for economic growth in addition to physical capital and labor. While transforming knowledge into products and processes it is exploited commercially. Nevertheless, the existing knowledge stock and the absorptive capacity of actors like employees at firms and researchers at universities and research institutions are conditional for the ability to produce, identify, and exploit knowledge. Since incumbent firms do not exploit new knowledge to the full extent, realized entrepreneurial opportunities may arise. This paper tests the hypothesis whether or not entrepreneurship is an important vehicle for knowledge flows and economic growth. The empirical results indicate that an increase in innovative start-up activity is more effective than an increase in general entrepreneurship for economic growth.      

Parent inheritance,founder expertise,and venture strategy: Determinants of new venture knowledge impact

A genealogical theory of new venture creation posits that “parent” firm routines are transferred to “progeny” ventures founded by the former employees of these parents. This study examines how the knowledge available to a venture from its parent firms and individual founders, as well as its initial technological direction, influences its own creation of impactful knowledge. We argue that new knowledge creation involves the recombination of underlying knowledge elements and hypothesize that the degree to which the venture's knowledge domain overlaps with the parents' knowledge has positive, but diminishing effects on the impact of knowledge created by the venture. We also predict that the breadth of founders' personal knowledge has a positive effect, but that the divergence between individual founders' and parent firm's knowledge domains has a negative effect on the creation of impactful knowledge by the venture. We test our predictions using a sample of 219 biotechnology ventures founded over the eleven year period 1990–2000 and tracked through 2010. Our results contribute to the entrepreneurship, knowledge creation, and genealogical literatures.     

Josh Lerner: recipient of the 2010 Global Award for Entrepreneurship Research

This article describes the academic contributions of the 2010 recipient of the Global Award for Entrepreneurship Research, Professor Josh Lerner of the Harvard Business School. Lerner’s empirical research on the inter-relationship between venture capital, innovation and entrepreneurship has greatly extended and improved our understanding of one of the major drivers of growth in modern economies. The first part of this article explains Lerner’s contributions as regards the structure and organization of the venture capital industry. Later, his most important publications on entrepreneurship, innovation and intellectual property rights are surveyed. Several aspects of Lerner’s policy-oriented work are then outlined, before the article closes with a brief conclusion.     

Crime,community social capital and entrepreneurship: Evidence from Australian communities

Crime is an anti-social blight on communities that increases the cost of doing business, including for entrepreneurs. Drawing on Australian longitudinal data, this study examines the links between crime rates and the propensity for entrepreneurship within communities. We do so by matching propensity for entrepreneurship with types of crime found at the community level where crime occurs. We find that higher total crime rates, crimes against the person and property crime, significantly lower the propensity for entrepreneurship in communities. We also show that the core facets of community social capital – trust, membership in voluntary organizations and support and cooperation – mediate this relationship.Executive summaryWe comprehensively examine whether higher community crime rates – crime on people and crime on property – cause lower rates of entrepreneurship. Entrepreneurship research extensively examines how gaining social capital, defined as the social resources one gains within one's community, promotes entrepreneurship. This study considers whether a pervasive community dynamic in crime impedes entrepreneurship. Specifically, we show that the two main kinds of crime – people and property – inhibit entrepreneurship.We show the facets of community social capital that mediate the relationship between crime and entrepreneurship. We inform the role of community-based social capital in promoting entrepreneurship (Kwon et al., 2013) by considering how higher crime lowers social capital and in turn entrepreneurship. We show that core facets of relational social capital – trust, voluntary membership in community bodies, support, and cooperation – mediate the relationship between crime and entrepreneurship. Likewise, communities with more robust reserves of social capital are better able to withstand crime and promote entrepreneurship.Examining the link between crime and entrepreneurship allows us to contribute to the literature on entrepreneurship and social capital. We discuss the various ways in which crime diminishes social capital to shape entrepreneurship. In our framework that is predicated on theory on community social capital, crime creates distrust because it causes citizens to be wearier and more suspicious of each other, impeding sharing of ideas and knowledge for ventures. Crime impedes the efficacy and membership of community-based organizations that allow entrepreneurs to network. Crime reduces the support available for founders to start and sustain businesses in focal communities, as individuals seek opportunities and resources outside their communities. Crime diminishes the extent to which people take pride in and identify with their communities, as evidenced by voluntary membership in community organizations. Crime reduces collaboration because it leads to self-protective behaviors, including flight from high-crime communities, that hinder norms of reciprocity. Crime reduces cooperation as criminals are more likely to resort to coercion, as enforced by monitoring and violence, to solve business problems.Findings rely on a comprehensive database of crime rates across Australian postcodes. Crime is typically a localized phenomenon – it affects business outcomes in local communities. We obtain community-level crime rates from each Australian state and territory police force or relevant government agencies and match these data with entrepreneurship rates by postcode. Our primary identification strategy follows Dustmann and Fasani (2016), who estimate the effect of local area crime on mental health in the United Kingdom (UK). This identification strategy removes the effects of residential sorting and correlates crime with time-varying unobserved entrepreneurship determinants if there is no endogenous migration from local crime. The main findings are robust to instrumenting for local area crime to which movers are exposed and for historical abortion rates in the state or territory where the individual lives, as well as a number of other approaches to obtaining causal inference.The article holds considerable practical relevance for policymakers seeking to promote community entrepreneurship. Our study is highly relevant to community leaders and policymakers working to boost local entrepreneurship. Findings strongly suggest that efforts to reduce crime are a primary mechanism to protect social capital within communities and, therefore, entrepreneurship. Policy initiatives dedicated to creating and expanding social ventures would a) boost entrepreneurship and social capital and b) mitigate the detrimental effects of crime on entrepreneurship (Wry and York, 2017).