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,     

有关知识产权保护的新思考

知识产权的制度经济学派从不同角度论证了知识产权保护可以提高资源配置效率.知识产权应该保护毋庸置疑,但是知识财产本身的特性决定了知识产权保护具有两面性.     

Winning intellectual property rights lawsuits in China

What influences foreign plaintiffs’ likelihood of winning intellectual property rights (IPR) lawsuits in an emerging economy such as China? From an institution-based view, prior scholarly debate presents two competing perspectives on the evolving IPR regime in China, focusing on the incentives of internal development and the pressures of external legitimacy respectively. We integrate these two perspectives to examine the effects of regional research and development (R&D) investment on the likelihood of foreign plaintiffs winning IPR lawsuits. We identify a direct effect reflecting the evolving economic incentives of host regions, and two mediating pathways that correspond to the legal strategies employed by foreign plaintiffs to apply external legitimacy pressure on host region legal institutions. Our analyses of a sample of 1103 IPR disputes between foreign plaintiffs and local defendants in Chinese courts from 2008 to 2017 provide support to our arguments.     

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.     

The North’s intellectual property rights standard for the South?

We build a multi-sectoral North-South trade model to analyze international intellectual property rights (IPR) protection. By comparing the Nash equilibrium IPR protection standard of the South (the developing countries) with that of the North (the developed countries), we find that the former is naturally weaker than the latter. Moreover, we show that both regions can gain from an agreement that requires the South to harmonize its IPR standards with those of the North, and the North to liberalize its traditional goods market. This demonstrates the merits of multi-sectoral negotiations in the GATT/WTO.     

入世后的知识产权纷争

加入世界贸易组织给中国带来了机遇和新的问题.其中大规模的"知识产权"纷争已经拉开序幕,其必将影响到中国经济的一系列领域.     

Chinese intellectual property rights? Know before you go

China's membership in the World Trade Organization further encourages foreign direct investment. Organizations establishing a multinational enterprise in China, and intending to utilize their intellectual property rights as a method of conducting their business enterprise, must be familiar with the current laws and developments regarding their protection and enforcement. This article focuses on Chinese intellectual property laws with examples of both infringements and enforcements. © 2007 Wiley Periodicals, Inc.     

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.     

从谷歌事件谈起浅析我国网络知识产权的未来走向

本文通过对谷歌退出中国大陆事件关于知识产权方面原因的分析,围绕我国网络知识产权的现状,提出关于现有存在的问题,提出应该改进的方面和未来的走向,以期我国知识产权尤其是网络知识产权更好的发展。     

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.     

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.     

Bilateral intra-industry trade flows and intellectual property rights protections: further evidence from the United Kingdom

This paper investigates the relationship between the United Kingdom's (hereafter referred as UK) bilateral intra-industry trade (IIT) and foreign intellectual property rights (IPRs) protections. The empirical investigation is based on pooled UK data and benefits from the theoretical distinction between horizontal and vertical IIT. It also estimates a gravity equation for international trade using both fixed and random effects models. We then extend the analysis by employing the GMM system for dynamic panel models. The principal findings suggest that the UK's IIT is stimulated when the level of a trading partner's IPRs and its imitative ability are considered jointly. However, when IPRs and imitation abilities are considered separately, their disparate effects are not an important factor in determining UK IIT flows.     

Foreign direct investment and intellectual property rights: evidence from Hollywood's global distribution of movies and videos

Traditional thinking about intellectual property rights (IPR) suggests that as a country strengthens its IPR standards, firms will move their governance structures away from equity based institutions such as foreign direct investment (FDI) towards more market-based relations such as licensing agreements. This hypothesis is explored by examining the behavior of Hollywood studios in both the feature film and video markets in 40 foreign countries. The analysis reveals that the behavior of Hollywood studios is more complex than this: although moderate IPRs are associated with a high degree of licensing, both high and low standards of IPR encourage more integrated governance structures.     

The characteristics of intellectual property rights regimes: How formal and informal institutions affect outward FDI location

This study examines the institutional arrangements that define the characteristics of national legal systems that are used to protect intellectual property (IP) assets embedded in outward FDI. The focus of the study is on how the institutional underpinnings of IPR regimes affect the costs and risk of using legal arenas to enable effective use of IP assets. Following a property rights approach it is postulated that formal and informal institutional arrangements influence how IP regimes affect the transaction costs and risk associated with converting ownership rights over IP into economic rights. Informal institutions are considered to affect the behaviour of agents involved in enforcing legal rights. This behaviour influences how IP law is implemented in legal arenas and thereby impacts on the efficacy of IPR regimes to help secure economic rights from the use of IP assets. Using data on outward FDI from the USA to 42 host countries the results find that the strength of informal institutions connected to the enforcement of IP in a country directly affects outcomes and positively moderates the effect of formal legal aspects of IP law on FDI flows. The results highlight the importance of informal institutional aspects connected to the behaviour of enforcement agents when using national legal systems to protect IP rights in cross-frontier transactions.     

Intellectual property rights and trade expansion

With the passing of the North American Free Trade Agreement, it is expected that there will be increasing interest in expanding this association throughout the Western hemisphere. One of the major obstacles to this expansion, however, is the relative lack of protection for patents, copyrights, and trademarks in some of the Caribbean and Latin American countries. By means of a survey of the Executive Directors of the American Chambers of Commerce in these countries, the study attempts to determine whether the countries would be willing to provide reasonable protection for intellectual property rights in return for acceptance into the enlarged free trade area. The response of the Executive Directors indicates that there is a reasonable probability that many of these countries would indeed strengthen their intellectual property protection for this trade opportunity.     

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.     

Trade and the enforcement of environmental property rights

Abstract

This paper explores the relationship between trade and the regulation of what are otherwise open-access resources when enforcement of property rights is costly. When enforcement costs are significant, environmental property rights are only adopted and enforced when the potential resource rents exceed the regulatory cost. Since trade affects the magnitude of these rents, trade can affect the willingness to regulate. One of the most striking consequences of the presence of an enforcement cost is that the decision to liberalize trade, even at autarkic prices, can result in a switch in the regulatory regime and potentially reduce economic welfare.     

Intellectual property rights protection and total factor productivity

This study examines the role of intellectual property rights (IPR) protection in total factor productivity (TFP) in countries developed at different levels. By undertaking two tests using data of 1,696 observations across 95 countries during 2001–2018 and data of 906 observations covering 87 countries in the 1965–2015 period, we find that the linkage of IPR protection to TFP is negative in least-developed countries while inverted U-shaped in developing and developed countries. In addition, developed countries have the strongest IPR protection and least-developed countries offer the weakest protection, and the optimal IPR protection level for TFP in developed countries is greater than that in developing countries. This study enriches our knowledge of both antecedents of TFP and implications of IPR protection. It provides empirical support for the institution-based view of IPR history and extends the view to the context of developed countries. This study also informs policymakers the proper level of IPR protection if the goal is to promote TFP.