Patents and trademarks in pharmaceuticals

While the role of patents and trademarks in reinforcing the market power of TNCs operating in the pharmaceutical industry is beyond doubt, the possibilities of reducing such market power through public policies dealing with industrial property in developing countries are less clear. Evidence on policies aimed at eliminating or weakening patent rights, and/or at promoting the use of generic names instead of trademarks for pharmaceuticals is examined. It is concluded that these policies are a necessary but not a sufficient condition for modifying the current market structure of the pharmaceutical industry in developing countries.     

Foreign trademarks in developing countries

Foreign trademarks are used in some cases to cover imported goods and generally products made in the host countries by foreign manufacturing subsidiaries and licensees. This industrial property right is a major source of market power for those subsidiaries making consumer goods. Domestic enterprises making similar goods must either accept a reduced share of the market or must enter into trademark license agreements. But even in those cases, although licensees of foreign-owned trademarks receive a current profit out of the licence, they cannot enjoy the result of the goodwill development.Although the advertising expenditures are borne by the consumers of the developing countries, the accrual in goodwill is for the benefit of non-resident owners of this intangible asset. These private benefits — mostly appropriated by the foreign trademark owner — can be considered as net social costs to the recipient country.     

The economic benefits and costs of trademarks: Lessons for the developing countries

Trademarks may be credited with social benefits to the extent they identify quality for consumers. In particular, trademarks may reduce purchase errors and the costs people bear when attempting to avoid errors. However, several forms of social costs are associated with trademarks when trademarks (and the persuasive advertising promoting them) provide the sole or major source of quality identification for the product, and when grants of exclusive use to particular product sources protect the goodwill (or monopoly) rents that attach to trademarks. To maximize benefits and minimize costs, it is suggested that identification of quality and source be separated wherever possible.     

Main issues in the regulation of licence arrangements on foreign trademarks: The Latin American experience

The licensing of foreign trademarks has become an issue of concern for a majority of Latin American governments during the last decade. The impact of such arrangements on the balance of payments, the growing dependence of licensees vis-à-vis the licensor, and the risks involved in the development of new markets through the use of licensed trademarks have, among other reasons of public policy, led to the adoption of a number of regulatory measures. These range from the control of restrictive practices, the price and duration of such arrangements, to the direct limitation of the use of foreign trademarks. The implementation of these measures, however, has encountered serious obstacles and, in some cases, has not achieved their declared aims. Therefore, the appropriate regulation of licensing on foreign trademarks is, to a great extent, still an unresolved issue.     

The need to establish a policy restricting the use of foreign trademarks in developing countries: The case of Mexico

The paper shows some of the negative effects of the use of foreign trademarks in the developing countries, taking into account the experience in Mexico. It also refers to the enactment of the new Law on Inventions and Trademarks as a response to the problems arising from that use. It contains statistical data concerning the licensing agreements registered in the Mexican Registry for the Transfer of Technology, which demonstrate the importance of the use of foreign trademarks, its cost and the type of restrictive business clauses that those agreements include.     

传统文化的反思与私人财产权利的法律保护

君主专制制度下,家族本位吞并个人本位的传 统文化,导致我国对私人财产权利保护的先天不足。现行宪法和民事法律对私人财产权的保护仍存在不少缺陷,并带来了严重危害。因此,应在树立权利本位的基础上,对宪法制度和民事法律制度进行改革。     

The progress of school education in India

This paper provides an overview of school education in India.First, it places India's educational achievements in internationalperspective, particularly against countries with which it isnow increasingly compared, especially China. Second, the paperexamines schooling access in terms of enrolment and school attendancerates, and schooling quality in terms of literacy rates, learningachievement levels, school resources, and teacher inputs. Third,the paper investigates the role of private schooling in India,examining the extent of growth of private schooling and surveyingevidence on the relative effectiveness and unit costs of privateand public schools. Last, the paper discusses some major publiceducation initiatives. The concluding section suggests a futureresearch agenda and appeals for rigorous evaluation of the impactsand costs of the numerous existing educational interventions,in order to learn about their relative cost-effectiveness forevidence-based policy-making.     

法律在构建和谐社会中的作用

构建和谐社会是人类的美好理想.只有社会主义制度的确立才为构建和谐社会提供了根本制度保障.构建社会主义和谐社会离不开法律的支持,它能够维护人与自然关系的和谐,能够维护社会关系的和谐,能够维护人际关系的和谐.     

The pattern and causes of economic growth in India

This paper presents the broad macro parameters of the growthof the Indian economy since the nation's independence and across-country evaluation of where India stands, drawing outthe patterns discernible in these aggregative statistics. Thepaper gives an overview of the on-going debate on the componentsof the Indian growth and the relative importance of the differentpolicies in the 1980s and 1990s. It contributes to this debateby identifying the landmark years, and analysing the politicsbehind some of the economics. The paper also analyses the factorsbehind the changes in India's savings rate and the relationbetween growth and development, on the one hand, and the natureof labour market regulation, on the other.     

涉外民事侵权行为法律适用的新发展——兼评我国民法典草案之相关规定

一、侵权行为法律适用的新发展随着国际民商事交往范围扩大,涉外侵权领域的法律问题发生了一系列的变化,主要表现为:首先,现代科学技术的发展和国际交往关系的日益频繁与复杂,使得法律领域除了传统的侵权行为以外,还出现了大量新的特殊的涉外侵权行为,如产品责任、核侵权、环境     

公司法与近代商号的出现

中国近代商号的产生有三条途径：有时它是中央政府企业私营化的结果；有时它是从家庭商号建立起来的；在较少数情况下，它来自地区合作发展的努力。本文追溯中国近代商号出现的历史，剖析了中国近代商号产生与制度环境，尤其是公司法之间的关系。     

The next paradigm shift in China and India?

China and India were relatively unscathed by the global financial and economic crisis: after a brief downturn, stellar economic growth is back on track. New global and regional economic and political orders are also emerging in the post‐crisis period with both nations playing a prominent role. There is heightened attention being given to the nature of their development paradigm and related matters such as governance. This paper begins with a brief introduction to the subject. Second, China and India's paradigms for development progress are outlined. Third, the key current and emerging risks and challenges facing these nations are discussed. Fourth, their respective fault lines are exposed. Fifth, some final thoughts are offered on the possible shape of the next development paradigm shift. I conclude by suggesting that the next paradigm shift in China and India will likely successfully tackle some of the unresolved developmental problems that these nations face.