Innovation, Ethics, and Entrepreneurship

This paper is a response to Ray's (2004) recent proposal that the intellectual property rights (IPR) attached to potentially life saving/life sustaining innovations should become public goods in cases where markets are either unable or unwilling to pay for the creation of the intellectual property. Using a free market approach to innovation based on Western moral philosophy, we suggest that treating intellectually protected life saving/life sustaining innovations as public goods will likely reduce social welfare over the long term.     

奥运会营销中的知识产权保护与特许权运用

现代奥运会营销的成功得力于对奥林匹克知识产权的保护和市场化运作,其中完整的知识产权体系的建立和日趋完备的法律保护,为国际奥委会和各组办国以特许经营的形式运用奥林匹克知识产权,提高现代奥运会的经济价值和社会价值发挥了重要作用,对促进特许经营在我国的健康发展也具有重要的意义。     

中美经贸协议背景下电商知识产权保护优化路径研究

中美经贸协议中约定了我国在"打击网络侵权"和"主要电子商务平台上的侵权"方面的知识产权保护义务与责任,且高于我国现行法律对电商平台知识产权的保护标准。本文在梳理背景并对照分析具体条款的基础上,得出我国的电商立法规范有待完善、行政执法队伍有待扩充的困境。结合国内外电商法律保护需求与规制形势,提出了应从保护标准、处罚标准、行政管制等角度构建电商平台知识产权保护制度优化体系的五点建议,并需注重社会效应与实践效果,引导跨境电商的多方主体积极合作。     

Intellectual Property Rights in China: The Changing Political Economy of Chinese–American Interests

We review the evolution of modern Chinese intellectual property right (IPR) laws and enforcement and explore economic and political forces involved in international conflicts over Chinese IPR protection. Our analysis considers why the US and China moved from conflict to cooperation over intellectual property rights. Structural and institutional aspects of the political economy of IPRs within each country are considered, and data on Chinese‐US trade in intellectual property‐intensive goods are examined. We conclude that although enforcement of IPRs within China continues to be relatively weak, Chinese IPR institutions are converging on those in the OECD nations.     

基于区块链技术的知识产权治理:困惑与应对

区块链(Block Chain)技术的发展为知识产权保护提供了有力武器,在知识产权溯源治理、登记确权、侵权存证、产权交易、知识产权金融等领域提供了新的可能。研究区块链技术在知识产权确权、维权以及溯源治理方面的法律机制,有助于知识产权法律体系的更新迭代,也有助于国家知识产权战略的推进。     

Intrinsic limitations of property rights

Many people take for granted an absolute conception of property rights. According to this conception, if I own a piece of property I have a moral right to do with it as I please, irrespective of the needs of others.This paper articulates an argument against this conception of property rights. First, it shows that there are many possible conceptions of property rights, and that there are significant differences among the models of ownership which have prevailed in different societies. Then, it argues that there are decisive grounds to refuse to grant that property owners have a moral right to exercise absolute control over their property, and that ownership implies not only rights but also duties and limits.J. M. Elegido is Head of the Department of Business Ethics in the Lagos Business School. He has a doctorate in Law and has published numerous articles on social and legal philosophy and on legal issues in professional and academic journals. He has just published a book on Jurisprudence.     

Business Ethics in India

Unethical business in India became a recognized phenomenon during the second World War. Academic/journalistic/legal concern with ethics has become visible only during the nineties. Corruption-of-the-poor and corruption-of-the-rich need to be distinguished – especially in the context of globalization. The danger of attributing unethical practices to system failure is recognized. It is also important to bring to bear on intellectual property rights the more fundamental principle of natural property rights. Consciousness ethics will be more crucial than just intellectual ethics.     

传统知识的知识产权化理论困境与反思

用激励创新、先占原则、劳动理论论证传统知识的知识产权保护难度较大,鼓励商业化、侵占、不当得利、精神权利保护等理论则有一定的说服力,而商标侵权和商标淡化只适用于极少数案例。传统知识虽与知识产权有较大区别,但是它总体上也属于知识产权、财产,现有的财产权理论支持传统知识中性保护而不是强保护。     

Individual Differences in the Acceptability of Unethical Information Technology Practices: The Case of Machiavellianism and Ethical Ideology

While information technologies present organizations with opportunities to become more competitive, unsettled social norms and lagging legislation guiding the use of these technologies present organizations and individuals with ethical dilemmas. This paper presents two studies investigating the relationship between intellectual property and privacy attitudes, Machiavellianism and Ethical Ideology, and working in R&D and computer literacy in the form of programming experience. In Study 1, Machiavellians believed it was more acceptable to ignore the intellectual property and privacy rights of others. Programmers and R&D workers considered violating intellectual property rights more acceptable. Programmers did not consider violating privacy rights more acceptable, but R&D workers did. Finally, there was an interaction between Machiavellianism, programming and R&D. Machiavellians who also had programming experience or worked in R&D found violations of intellectual property much more acceptable. The effect of Machiavellianism on attitudes toward violations of privacy was enhanced by working in R&D, but not by programming experience. In Study 2, idealists believed it was less acceptable to ignore the intellectual property and privacy rights of others. Relativists found it more acceptable to violate intellectual property rights, though they did not consider it more acceptable to violate privacy rights. Those with programming experience were more accepting of intellectual property rights violations, but not of privacy violations. Finally, programming experience moderated the relationship between idealism, relativism and attitudes toward these unethical information practices. Implications for diminishing unethical behavior among Machiavellians, Relativists, programmers and those in R&D are discussed.     

自由贸易的新障碍:知识产权壁垒

近年来，随着知识产权保护水平的不断提高，出现了一种新形式的非关税壁垒一知识产权壁垒。它在知识产权保护的名义下，比传统的非关税壁垒更具隐蔽性、歧视性和报复性，对国际贸易的影响日益加深，因此应引起有关国家的高度关注。像中国这样的发展中国家应深入了解研究WTO规则，加强自主知识产权的开发，完善国内立法，以更好地应对国际知识产权壁垒。     

构建海峡西岸经济区自主知识产权体系

自主知识产权拥有的数量和质量是一个国家、地区综合实力的反映，是一个企业核心竞争力的体现，是推动经济发展和社会进步不可缺少的重要因素，对海峡西岸经济区的建设至关重要。本文通过分析海峡西岸经济区自主知识产权发展的现状，指出其存在的不足之处，进而提出构建海峡西岸经济区自主知识产权体系的对策。     

粤港澳知识产权法律制度研究比较

当前中国特别是珠三角地区面临产业结构优化升级,可以预见粤港澳以往"前店后厂"的合作模式将会发生嬗变,这也就意味着粤港澳地区面临着一次总体产业结构升级。知识产权作为知识经济的重要部分,在社会经济生活中意义重大。在粤港澳未来合作发展中知识产权也将是一个有待深入发展和潜力巨大的合作领域。因此,探寻粤港澳地区知识产权制度的差异,在发展中消除障碍,在实践中建立有效沟通机制意义重大。     

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。     

总结知识产权法的新视野——从科技进步与知识产权法的时代对应谈起

在法律制度体系中,知识产权法与科技、经济有着特殊的联系,它是近代商品经济与科学技术发展的产物。知识产权制度的构建,出于知识财产化与产权制度化的合理要求,是一个科技创新与制度创新的过程。知识产权与科技进步具有时代对应性,知识产权是伴随着科技的发展而产生发展的,科技的进步同样需要知识产权的保驾护航。知识产权在世界范围内不断升值,并日益呈现出保护的范围不断扩大,保护的力度相对提高的国际趋势。     

东道国知识产权保护、外商技术投入与贸易福利的门槛效应——来自中国的经验证据

加强知识产权保护是中国扩大对外开放过程中的必然要求。从社会总体福利角度分类型分析知识产权保护的贸易福利效应具有理论创新和经验检验价值。本文以投资东道国为视角,将知识产权保护、技术投入和贸易福利置于同一分析框架,理论及实证研究结果显示知识产权保护强度可通过改变海外企业技术投入决策,从消费者效用和企业收益两方面进一步影响贸易福利。虽然中国知识产权保护对贸易福利的影响存在门槛效应,且影响效果随产品类别和贸易形势的不同而存在显著差异,但中国仍具有进一步加强知识产权保护的制度空间。协调统筹涉外知识产权事宜,灵活把握知识产权保护力度,积极探索新兴领域知识产权保护规则是未来知识产权保护体系构建过程中的重点任务。     

Regional institutional development,political connections,and entrepreneurial performance in China’s transition economy

While previous research emphasizes the role of political connections in facilitating entrepreneurial performance during China’s early reform period (1978–1999), this study argues that regional institutions were increasingly conducive to entrepreneurial activities and, thus, also played a key role in China’s entrepreneurial success during that period. The purpose of this study is twofold. First, it aims to demonstrate how regional institutional development facilitated entrepreneurial performance in China. Second, it aims to understand how formal institutional development among Chinese regions affected the role of political connections. Using a two-level hierarchical dataset on Chinese private enterprises, this study finds that not only legal protection of property rights but also the development of market systems mattered for entrepreneurial performance. In addition, it shows that political connections played a diminishing role during regional institutional development in China.     

Social rights, essential services, and political mobilization in post-apartheid South Africa

This paper discusses movements that organize constituencies in order to allow them access to the consumption of goods and services, while rejecting at the same time their identity as consumers. Instead, they base their claims on people’s identities as citizens of the state and members of communities. Putting forward the notion of social rights, the paper examines how movements operating among marginalized communities in the post-colonial world work to define rights and entitlements, and use these to mobilize for enhancing the delivery of social services. In particular, the focus is on rights to land and to public utilities (water and electricity) in post-apartheid South Africa. Examining these in the context of political transition, the paper looks at different legal and political strategies, and the ways in which they draw on and shape discourses of power, rights, and social consumption. It concludes that meaningful social change and effective service delivery require a combined strategy, working with the courts and legal professionals, together with popular constituencies, the media, civil society organizations, academics, and state officials.     

The Ancients against the Moderns: Focusing on the Character of Corporate Leaders

When a series of corporate scandals erupted soon after the collapse of the 1990s bull market in equities, policy makers and reformers chiefly responded by augmenting and refining the checks and balances surrounding publicly traded corporations. Through measures such as the Sarbanes-Oxley Act of 2002, securities regulations were intensified and corporate governance was tightened. In essence, reformers followed the tradition of modern political philosophy, developed in the 17th and 18th centuries, in its insistence that pro-social outcomes are best produced through institutional mechanisms that harness self-interest. The empirical evidence, however, suggests the institutional approach will do little to prevent future ethical breakdowns. To corroborate this finding, we survey the literature on board composition, auditor consulting practices, shareholder activism, and executive compensation. Consequently, we look to another stream of political philosophy, the ancient tradition comprising Plato and Aristotle, which argues that social groupings, such as corporations, work best when led by individuals of good character. Applying the ancient view to modern commercial realities, the paper concludes that Benjamin Franklin’s attempt to connect virtuous character with enlightened self-interest offers a compelling ethic for corporate leaders. George Bragues is head of the Media Studies program and teaches philosophy, politics, and economics at the University of Guelph-Humber in Toronto, Canada. He is an occasional contributor to the National Post in Canada, writing op-ed pieces on financial and economic topics for that paper’s financial section. His academic articles have been published previously in the Journal of Business Ethics, as well as the Independent Review and in Business Ethics Quarterly.     

Standards and Technological Innovation The Intellectual Challenge of the Nineties

At the final Business Performance Lecture, George Fisher, CEO of Motorola, spoke of the importance of standards and intellectual property rights in the emerging global consumer society. Such standards should not create barriers but must facilitate the free flow of information, goods and services. Without this, wealth creation will slow and social and political problems will increase.     

Positioning Business Ethics in Relation to Management and Political Philosophy

This paper attempts to mediate between the extremes of a managerial conception of business ethics which subordinates it to management and a political conception which subordinates it to political philosophy. The mediated position arrived at sees the central focus of business ethics in the intersection of micro-managerial concerns with macro-political ones provided by the task of determining morally optimum forms of business. Involvement with the macro rules out subordination to management while, conversely, involvement with the micro rules out subordination to political philosophy. Moreover, such is the (increasing) social importance of business, that business ethics can have at least co-equal explanatory status with political philosophy as a discipline.