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.     

Reduce product counterfeiting: An integrated approach

There is substantial interconnection between the reduction of product counterfeiting and quality management. This article seeks to demonstrate how integrating anti-counterfeiting initiatives into quality management strategies can reduce risk in the supply chain. We explore issues pertaining to product counterfeiting, the practical application and constraints of anti-counterfeiting initiatives within the supply chain, and the intersection of anti-counterfeiting initiatives with quality management programs. Gaps in current management strategies to address these issues are identified, and a potential remedy to address these deficiencies is proposed. Practical suggestions regarding the application of quality principles to offset counterfeiting should reduce risk in the supply chain.     

Changing levels of intellectual property rights protection for global firms: A synopsis of recent U.S. and EU trade enforcement strategies

According to the International Anti-Counterfeiting Coalition (IACC), approximately $350 billion in counterfeit goods is traded annually in the world economy. Additionally, the European Commission of Taxation and Customs Union reported that 100 million fake items were seized in 2004, a 900% increase over a 4-year period. Recent trade initiatives, such as the U.S. Strategy Targeting Organized Piracy (STOP!) and the EU Intellectual Property Rights Enforcement Directive, target both organized pirates and consumers in effort to bolster the protection of intellectual property rights. Understanding these innovative trade initiatives will assist managers to better deal with anti-counterfeiting tactics.     

我国对外贸易中知识产权纠纷的特点、原因和对策研究

目前我国已进入涉外知识产权纠纷高发期,这成为制约我国国际贸易发展的瓶颈因素。文章较为系统地分析了对外贸易中知识产权纠纷的特点,并深入分析其背后的原因,提出了政府宏观层面和企业微观层面化解涉外知识产权纠纷的对策。     

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.     

WTO知识产权争端解决实践十三年:回顾与评述

WTO成立后,其争端解决机制获得普遍赞扬,也因此掩盖了一些内在问题。对WTO知识产权争端的实证研究表明,至少在本领域,权力导向仍在起作用。作为乌拉圭回合产生的新协定,《TRIPS协定》并不完备,在非违反之诉的适用、WTO与WIPO的合作与协调等体制性问题上,仍有很大的不确定性。知识产权问题本身的敏感性和复杂性,也彰显了WTO争端解决机制中普遍存在的参与问题。     

我国知识产权贸易竞争力分析及发展对策

知识产权贸易研究与商品及服务贸易研究相比寥若晨星,国内研究文献基本局限于定性的描述,缺乏对知识产权贸易内容的严格界定和定量分析。本文界定狭义知识产权贸易为专利许可服务贸易、商标许可贸易以及版权贸易,利用TC指数进行知识产权贸易竞争优势的国际比较,并在竞争优势框架内探讨我国知识产权贸易的发展。     

对我国知识产权边境保护制度的法律思考

知识产权边境保护是世贸组织法律制度中关于知识产权保护的一项极为重要的法律措施。我国现行的《知识产权海关保护条例》存在着诸多不足;理论界对于我国知识产权边境保护范围、反担保制度仍然存在一些疑问和争议。应借鉴欧美国家立法、结合我国实际,修改和完善相关规定,以维护公平竞争的社会经济秩序。     

Trade in tourism services: Explaining tourism trade and the impact of the general agreement on trade in services on the gains from trade

The article addresses two questions related with tourism as a service trade. Can tourism be explained as other export activities? Does service liberalisation have a positive or negative impact on tourism receipts in destination countries? Previous research has either focused on the demand side factors (i.e. factors of demand in the origin countries) or on tourism as a long-run factor of economic growth. The research shows that a complementary perspective such as that offered by trade in a supply side perspective can render additional insights towards understanding tourism. This approach can explain why countries have absolute and comparative advantage. Another finding is that tourism as an export can be explained by some of the same destination factors that explain other service exports. Using different panel estimators the importance of supply side factors that are to some extent exclusive to tourism are demonstrated: the general price competitiveness of the destination, tourism infrastructure and the provision of safety. The econometric models also confirm the relevance of other conventional explanatory factors of trade in services such as GDP per capita and internet usage. The last part of the article analyses the welfare gains from trade under the general agreement on trade in services (GATS). The revenue (tourism receipt) effect is decomposed into a volume (arrival) and price effect. Results suggest that liberalisers under the GATS gained especially from a volume effect with average higher growth rates in the number of arrivals. There is also found to be a positive effect on the average income earned per tourist from being a liberaliser.     

中澳两国产业内贸易的实证研究——基于1997-2007年进出口贸易数据

本文首先通过理论和实证比较选取Aquino指数对中澳两国产业内贸易状况进行了测度,然后利用GHM法将产业内贸易细分为垂直型和水平型,从更深层次研究中澳两国产业内贸易现状和发展趋势,结果发现:中澳两国初级产品产业内贸易整体水平较低,但Aquino指数呈现上升趋势,产业内贸易水平有进一步提升的空间;中澳两国制成品产业内贸易整体水平明显高于初级产品,但无论是资本、技术密集型产业还是劳动密集型产业,中国都不具有优势,中国劳动密集型制成品没有表现出预想优势,贸易条件持续恶化,资本或技术密集型制成品与澳大利亚有较大差距,但差距呈现缩小趋势。     

《物权法》:国家、公民财产权利保障书

《中华人民共和国物权法》是一部明确物的归属、保护物权、充分发挥物的效用、维护市场经济秩序、维护国家基本经济制度、关系人民群众切身利益的民事基本法律,是法律体系中起支架作用的重要法典。它的作用:一是定分止争,通过确认物的归属,加强对物权的保护,达到维护社会正常秩序的目的。它与社会公众的衣食住行和生老病死等切身利益息息相关,密不可分,被称为"公民财产权利保障书"。二是促进物尽其用,通过规范物权人的权利义务,为物权人充分利用财产提供良好的法制环境,鼓励权利人创造财富,积累财富,扩展物业。它在总结我国民事立法和司法活动长期积累的经验基础上,结合中国的实际情况,设计出了一整套体系完备的物权法律规则,是一部保障安居乐业法,也是一部促进经济发展、构建和谐社会法。     

A study of the impact of Corporate Social Responsibility and price image on retailer personality and consumers' reactions (satisfaction,trust and loyalty to the retailer)

This study investigates the impact of a retailer's Corporate Social Responsibility (CSR) policy and its price image on retailer personality, along with the impact of these two variables on the consequences of retailer personality: consumers' satisfaction, trust and loyalty toward the retailer (measured by their attitude and future behavioral intentions). Data were collected on a convenience sample of 352 consumers of a French grocery retailer. Using Partial Least Squares analysis (PLS), we show that perceived Corporate Social Responsibility and price image have a significant positive/negative influence on retailer personality traits (“agreeableness” and “conscientiousness”/“disingenuousness”) and that Corporate Social Responsibility has also a significant positive influence on the “sophistication” personality trait. For the consequences examined (satisfaction, trust and loyalty to the retailer), we show that Corporate Social Responsibility, price image and retailer personality have a direct or indirect impact on these dependent variables.     

Patents,Copyrights, and Trademarks in the Early Twenty-First Century: The New Relevance of Some Old Concepts of Intellectual Property Rights

SUMMARY

After laying an historical foundation of the concept of “promonopoly” legislation in the face of a U. S. public policy devoted, since 1890, to a generally antimonopoly position, this paper examines the relevance of recent changes in the three types of domestic promonopoly law: patent law, copyright law, and trademark law. During the last thirty years of the twentieth century, and especially during the last decade of that period, all three aspects of American promonopoly legislation were strengthened. The term of copyright was extended from a maximum of fifty-six years to the lifetime of the last-living author of a work plus seventy years and coverage was broadened to extend to recordings-by a number of means-of performances; patents were lengthened in duration from seventeen years to twenty; and the law of trademarks was modified to include protection for trademark holders against “dilution,” or loss of value of trademarks due to the acts of noncompetitors. The implications and rationales of these changes are examined in the context of their effect on business life at the beginning of the third millennium. While it is too soon since the majority of these changes in law went into effect to draw definitive conclusions concerning their ultimate consequences, it does appear that, in general, their thrust is to increase the value of intellectual property to its proprietors.     

Effects of wars and boycotts on international trade: Evidence from the late Ottoman Empire

Abstract

Between 1830 and 1913, the Ottoman Empire was involved in destructive wars with its trading partners. Boycotts were organized against Bulgaria and Austria-Hungary. The effects of wars and boycotts are a topic of debate among historians. This article examines whether wars and boycotts were associated with how the Ottoman Empire traded with its trading partners from 1830 to 1913. The findings indicate a decrease in trade with its adversaries during the Russo-Turkish War of 1877–78, the Crimean War, and the Balkan Wars. In addition, there was a statistically significant reduction in trade with Austria-Hungary due to the boycott.     

Chinese FDI in the French and Australian Wine Industries: Liabilities of Foreignness and Country of Origin Effects

This paper explores the recent evolution of Chinese investment in the wine industries in the Bordeaux region of France and Western Australia (WA). The study identifies variations in the nature of the investments undertaken, which are not always consistent with existing theory. We explore how these differences impact on the liability of foreignness (LOF) experienced (Eden and Miller, 2004; Zaheer, 1995). We find evidence of all three of the categories of hazards identified by Eden and Miller (2004), with unfamiliarity being particularly significant, especially for wholly owned investments. We postulate that differences in context between home and host countries are a key factor explaining both the observed difficulties and the differences in experiences. The findings of our work on LOF, in terms of its nature and mitigating strategies, resonate well with existing theory, although we also find evidence of a Country of Origin (COO) effect, both in terms of Liability of Origin (LOR) and Assets of Foreignness (AOF). The variations in entry mode and LOF, however, are less consistent with existing research and pose questions in relation to the interaction between the home and host contexts, company strategy and LOF.     

A longitudinal meta-analysis of corruption in international business and trade: Bridging the isolated themes

ABSTRACT

This article chronicles the academic debate on corruption in international business and trade. It identifies three themes: contributing factors, consequences, and combating corruption. We found convergence in the literature and that authors tend to remain loyal to their chosen theme. As a result, we found a distressing dearth of research that transcends, integrates, or validates the interrelationships between them. Through our work, we propose the bridging of themes, demonstrating how they interrelate, thereby validating their interdependencies and the broader lens needed through which to observe corruption in international business.     

国际贸易中知识产权滥用的概念及判定标准分析——以美国判例、立法及TRIPS为背景

知识产权滥用的判定标准一直是一个极具争议的问题。美国相关判例及立法对于知识产权滥用的判定标准也是非常不确定的,目前在分析知识产权滥用时朝着融合反托拉斯法的标准上发展。TRIPS协议则对于国际贸易领域知识产权滥用做出了规定,我们可以合理地推导出它对于滥用的三项判定标准。在此基础上,本文提出国际贸易中的知识产权滥用应该是指在国际贸易中,拥有市场优势地位的知识产权人在行使其权利时故意超越法律所允许的范围或者正当的界限,限制或妨碍自由公平竞争,损害他人以及社会公共利益的不正当行为,为此提出了作为判定标准的四项构成要件。     

新时期内外贸一体化发展策略研究

内贸和外贸都是一国经济发展的重要动力,二者具有相互支撑、相互促进的作用。长期以来,中国一直实行内贸和外贸两条线管理模式,已经无法满足市场经济和贸易发展的客观要求。在当前全球经济下行贸易摩擦加剧、内外贸都面临着转型、出口消费投资在拉动经济增长中需要进一步协调配合的情况下,必须通过着力打造更加自由便利的国内营商环境、加快构建全国统一大市场大流通体系、大力发展跨境电子商务、扩大服务贸易规模提升发展水平等举措,切实推动中国内外贸一体化发展,为经济增长注入新活力。     

江苏对外经贸发展的政策调整与法制建设思考

我国加入WTO之后,江苏对外经贸发展获得了良好的外部环境,但还存在着促进性制度供给不足、产品缺乏自主知识产权、外贸依存度增长过快、环境整治中庸保守等问题。在我国加入WTO过渡期即将结束,省域经济持续发展的今天,亟需适当调整江苏的对外经贸政策,建立促进对外经贸发展的制度体系,强化企业知识产权创造价值,降低外贸依存度过高之风险。