From Walled Garden to the Digital Silk Road

Closing the global vaccine equity gap: equitably distributed manufacturing

During the pandemic, companies were collapsing like sand. The fate of different industries slipped despite the efforts of owners and CEO. The Tech industry was one of the few that thrived during the pandemic as every business was gradually moving on to the digital platform. Even in the tech industry, only the big companies that already had a massive footprint before the pandemic, like Apple, Google, Netflix, Facebook, and Amazon, bloomed. Many medium-sized and small-sized tech organizations also struggled during the pandemic. The tech companies associated with the travel and tourism industry like Uber, Airbnb, Trip Advisor, etc. couldn’t find any customers due to lockdown. This created an imbalance in different sectors like recruitment, employee retention, etc. Due to this imbalance and lack of cash flow, small tech companies were laying off jobs to survive while the big tech giants were recruiting more employees to thrive. This imbalance in recruitment and lay off created fear of losing or retaining a job in many tech employees whether they were skilled professionals or fresh graduates. This paper focuses on and compares these effects on big tech companies and small tech companies. This paper also suggests steps and solutions for small tech companies to maintain themselves during the pandemic and regain their market position after the new normal.

The article is devoted to the study of the activity of the People's Republic of China (China) in the world market. The purpose of this study is to study the international interaction of Chinese state-owned oil companies and identify the specifics of their behavior strategy in the Kazakhstan market. The subject of the research is the strategy of internationalization; the subject of the research is the Chinese state oil companies. As a methodology for this study, comparative analysis, the method of analysis and synthesis of information about the object of research, methods of analysis of statistical and expert data are used. Based on the research, the author concludes that expansion is used. Chinese state-owned oil companies strive to develop international cooperation, primarily based on historically established partnerships. The internationalization strategy prevailing in Chinese companies has its own characteristics depending on the partner country. Over twenty years, Chinese companies have confidently consolidated their positions in the oil and gas industry of Kazakhstan thanks to initial investments in the assets of Kazakhstani companies, in joint projects to develop new and modernize old fields, and to build new plants.

Digitalization opens up new opportunities in the collection, analysis, and presentation of data which can contribute to the achievement of the 2030 Agenda and its Sustainable Development Goals (SDGs). In particular, the access to and control of environmental and geospatial data is fundamental to identify and understand global issues and trends. Also immediate crises such as the COVID-19 pandemic demonstrate the importance of accurate health data such as infection statistics and the relevance of digital tools like video conferencing platforms. However, today much of the data is collected and processed by private actors. Thus, governments and researchers depend on data platforms and proprietary systems of big tech companies such as Google or Microsoft. The market capitalization of the seven largest US and Chinese big tech companies has grown to 8.7tn USD in recent years, about twice the size of Germany’s gross domestic product (GDP). Therefore, their market power is enormous, allowing them to dictate many rules of the digital space and even interfere with legislations. Based on a literature review and nine expert interviews this study presents a framework that identifies the risks and consequences along the workflow of collecting, processing, storing, using of data. It also includes solutions that governmental and multilateral actors can strive for to alleviate the risks. Fundamental to this framework is the novel concept of “data colonialism” which describes today’s trend of private companies appropriating the digital sphere. Historically, colonial nations used to grab indigenous land and exploit the cheap labor of slave workers. In a similar way, today’s big tech corporations use cheap data of their users to produce valuable services and thus create enormous market power. The major dilemma is that many of the technically sophisticated services offered by big tech companies are very cheap or even seemingly free. Through their huge hyperscale data centers and with their highly skilled workforce, they are able to provide high-end information communication technology (ICT) infrastructure as well as advanced user-friendly computing services at a very low or no price. However, not only the big tech corporations, also smaller but focused software vendors create dependence of governmental actors and thus increase the growing asymmetry of knowledge and digital skills between the private and the public sector. The interviews in this report show that Western countries and also developing countries today depend heavily on digital products and services from large and medium-sized IT enterprises, mostly located in the US and China. The powerful position of such companies leads to a weak negotiating position of public actors and thus often to an uncritical use of convenient digital services without further reflection on the long-term consequences. The situation resembles a seemingly relaxed existence inside a gilded cage controlled by powerful tech corporations. This report summarizes historical as well as current academic and practitioner-oriented literature regarding the problem of data colonialism and the loss of digital sovereignty. The analysis of nine expert interviews from Swiss government, UN organizations, NGOs and academics draws a comprehensive picture of key issues facing society in the digital space today and in future. Besides elaborating the problem of IT provider dependence and illustrating current cases of data colonialism, this report also highlights solutions regarding data sovereignty and draws a path towards digital sustainability of the future virtual space. Several examples in the interviews show how governmental actors and academics are able to regain control of their data and infrastructure when they invest into government controlled data analytics platforms, and build up common standards, data repositories, software and computing sites. One key element is supporting and relying on collaborative digital platforms such as the openly licensed, crowd-sourced global geographical information data community OpenStreetMap or the governmental and scientific driven environmental monitoring infrastructure Swiss Data Cube. Therefore, the authors of this report recommend that professional IT users like governmental bodies and researchers become aware of the long-term problems of relying on data analytics, software development and IT infrastructure provided by private corporations. Consequently, the solutions include recommendations such as using, investing into and releasing open source software and publicly owned IT infrastructure. Also, governments should increase their employer appeal to attract young data science and software developer talent.

The devolution of Chinese port governance since 1990s has resulted in not only private sectors’ involvement in Chinese port investment and development but also allowing local port groups and terminal operators to implement international strategies to expand their business. This paper overviews current implementation on foreign ports investment of these two types of Chinese port-related companies. Analysing 39 foreign port investment cases, this paper finds the Belt and Road Initiative (BRI) may promote China's investment in foreign ports. Four main investment modalities are adopted i.e. acquisition, joint venture, concession and build-operate-transfer (BOT). The companies mainly form a partnership for investment, and some of the investment projects involve an integration of development of ports, industrial parks and cities. Of notice is that some investment projects are through a public-private partnership (PPP) model, i.e. Chinese companies as private entities and public sectors in the host countries.

Under the Belt and Road Initiative, China's new energy vehicle (NEV) industry faces a complex and dynamic legal and intellectual property (IP) protection environment in international cooperation. This study explores the impact of industrial policies and legal frameworks in Belt and Road countries on the IP protection of Chinese NEV companies, focusing on core technologies such as electronic control systems. Through a literature review, case studies, surveys, and expert interviews, the study identifies key IP risks faced by Chinese companies in international cooperation and outlines response strategies. It also compares IP protection laws in key Belt and Road countries, including Indonesia, Egypt, Brazil, and Italy. The findings highlight that IP protection is critical in technology transfer, market competition, and cross-border cooperation, and strengthening legal frameworks and international collaboration is essential for managing IP risks. Based on the research results, the study proposes practical and forward-looking IP protection strategies to support Chinese companies' cooperation and development in Belt and Road countries, offering theoretical and practical guidance for policymakers and industry associations.

The article is devoted to a comprehensive study of the legal regime governing intellectual property (IP) rights management in the domain of international space activities, with a particular emphasis on the framework of transnational consortia. It presents an interdisciplinary analysis that integrates legal, institutional-economic, and political dimensions of regulating the circulation of IP objects within cooperative space projects involving both public and private actors. The paper argues that, with the intensification of space commercialization, the growing involvement of non-state participants, and the acceleration of technology transfer, IP rights are acquiring not only a technical-legal character but also a strategic function. It is established that traditional national mechanisms for the protection and enforcement of IP rights are insufficient to address emerging challenges in this field, especially concerning objects created in outer space or within international research and technology initiatives. The author substantiates the need to construct a hybrid legal regime for IP governance that would combine the norms of international space law, national legislation, contractual instruments, public law provisions (notably export control), as well as the internal regulations and policies of consortia. Particular attention is given to the transnational space consortium as a novel form of global governance, distinct from the classical transnational corporation, yet fulfilling functions of coordination, institutionalization, and formalization of joint activities among public and private entities. It is emphasized that the establishment of an effective IP governance regime is contingent upon the institutionalization of ex ante licensing procedures, the creation of internal IP management bodies within consortia, and the development of algorithms for the equitable allocation of rights to the results of joint endeavors. The article also highlights potential risks of fragmentation of the international legal order stemming from the increasing autonomy of transnational consortia and the emergence of semi-autonomous normative regimes. In this context, the necessity of modernizing international space law is underlined, with the aim of ensuring a balance between the interests of private innovative development and the principle of equitable access to outer space.

For more than ten years the courts and Congress have grappled with the issue of subjecting states to suit in federal court for intellectual property infringement. Under the Supreme Court's Florida Prepaid decisions, states and state entities are currently insulated from suit by private entities in federal court for intellectual property infringement under the sovereign immunity preserved by the Eleventh Amendment. This holding has far-reaching effects on the ability of private parties to enforce their intellectual property rights because federal court is the preferred and, often, the only venue available for enforcing such rights. Furthermore, this state of the law is of increasing importance in view of the growing role that many states and state entities are taking in the intellectual property arena. Since the Florida Prepaid decisions, several different legislative remedies have been proposed in Congress, but none have yet been enacted into law. Congress has also commissioned a study by the General Accounting Office to gather statistics and opinions concerning the involvement of states in intellectual property law and the effect of the immunity from suit they currently enjoy in federal court. The results of this study, made available this past year, will impact the scope of the proposed legislation and whether, assuming it is enacted, the legislation survives judicial review.

Business of Big Tech companies in financial area is recently accelerated by such methods as sales and brokerage services of insurance products through online platforms, etc. Digital platform phenomenon next to Pin Tech is expected to play positive functions to enhance competitiveness of financial business by increasing efficiency and capacity of finance, reducing consumers’ searching costs, and expanding options. However, on the other hand, such a phenomenon may cause problems in consumer protection because financial stability is reduced and identification of responsible entities due to complex digital transactions. Especially, as financial business gives large influence to national economy and launch and operation of financial business is strictly regulated in the aspect of public character of financial business, if Big Tech companies launch their business in financial business through cooperation with general financial companies, they may avoid regulation and supervision of financial business and reverse discrimination of existing financial companies may be caused. Therefore, it is required to provide a frame of regulation for transactions of insurance products of Big Tech platform companies.
 A solution to such issues is rational regulation with establishment of the standard on application of Insurance Business Act in relation to operation of insurance business of Big Tech companies.
 Whether an action of a Big Tech company belongs to advertisement of products only or belongs to brokerage or sale of insurance products should be individually and concretely judged and, furthermore, should be judged based on recognition levels of consumers. If advertisement by a Big Tech company is not limited to simple advertisement but actively participates in brokerage including comparison of insurance products and, if consumers trust the Big Tech company and consider such action as brokerage or sale of insurance products, responsibility under Insurance Business Act may be imposed on such company. Also, although it is asserted that the commissions received by a Big Tech company are simple advertisement costs, if brokerage is done through participation of Big Tech at certain level, such action may be considered as brokerage and application of Insurance Business Act is possible. That is, regulations on mediation, brokerage, agency of insurance products under Insurance Business Act should be applied to advertisement of insurance by Big Tech companies depending on level of participation.

Editor’s Note

Many foreign investors in biotechnology favour China because of its inexpensivenskilled labour and large market population. However, the emerging ChinesenBiotech/Bioterials industry is being affected today by breaches of intellectual property (IP)nrights, creating a risky investment environment. It has been asserted in the popular andnacademic press {Electronic Business, 2004, 30) that this is due to1) the poor IP laws in China,2) the rapid turnover of technical staff, and3) reliance on casual staff.It is also commonly asserted that casual staff may breach IP rights when they go tonanother company. Breaches of IP rights are costly, due to the loss of competitivenadvantage and the costs when one company sues another. Hence, to attract more foreignninvestors, Chinese companies and the Chinese government need to address thisncommonly reported leakage of IP.The present study uses data from the literature to demonstrate that there is a positivencorrelation between the number of patents granted and the increase GDP growth in China.nHistorical evidence was examined, to demonstrate how patents have allowed firms toncapitalise on even the smallest of innovations to maximise profits. It is suggested, on thenbasis of this data that a stronger IP protection system will further enhance the growth ofnGDP and boost the economy of China. The presentation of this data and my research onnIP leakage might encourage the Chinese government to introduce new IPR protectionnlaws to protect the welfare of the bioterials or Biotechnology industry.My aims in this research were1) to identify and determine the extent of IP leakage in China and2) to identify methods to prevent or reduce technology loss through rapid turnovernof technical and casual staff.These aims were addressed in the following three ways.First, a literature review of articles on IP related issues was used to determine thenextent of the problems and secondly a literature review and a survey was undertaken tonidentify possible strategies to deal with them. The methods noted in the literature reviewninclude 1) good personnel management to reduce the problem of technology leakage andn2) a closed innovation 'black box' operation in a joint venture. Finally a research surveynwas used to identify commonly used solutions for this problem.Several theories were identified as being relevant to the present study. These are:nthe value concept , scarcity concept theory , human resource management theory, innovation process model theory , cost-benefit analysis , and free riderntheory.Two other approaches were followed to discover the strategies that Chinesencompanies are using to combat IP leakage. The first approach was to collect andnanalyse case studies on companies using different strategies to combat IP leakage. Thensecond was to do an email survey of 30 Biotech/Bioterials companies to review theirnstrategies.The literature review identified a large number of IP breaches by technical and/or ncasual staff. It also identified strategies that companies have used to prevent IP violations,nstressing the importance of patents, and recommending joint ventures, effective personnelnmanagement and the reviewing of innovation processes.Importantly, it was also found that a majority of biotechnology firms, when lookingnto form a joint venture in China, tended to overlook the risk of IP leakage in theirncost-benefit analysis. n n n

For most of the history of space exploration, governmental agencics havc dictated the scope and objectives of research missions. Because of this limited involvement, there was little effort expended on protecting intellectual property. As space commercialization develops, private entities will be entering this environment for the purpose of research and development leading to the creation of new products and services. A review of current literature shows that most working agreements between governments and the private sector center on technology developed on Earth and then flown in space. The intellectual property laws of the respective countries preside in this case, subject to terms agreed upon in international treaties. As it becomes possible for a private party to launch and operate its own laboratory, whether it be in space or on an extraterrestrial surface, questions arise concerning the intellectual property and proprietaly information rights of private entities. By examining the current body of patent law and the appropriate international agreements and treaties, the rights of private entities in space based ventures are outlined and future considerations are identified.

Intellectual Property and Horticultural Science: The Path from Idea, Technology Development, Commercialization, and Impact

At first blush, major state universities and colleges appear to be well-balanced with their private counterparts: Each contains strong academic programs with Nobel Laureates and other notable scholars in their research labs and lecture halls; each fields large numbers of strong sports teams; and each benefits from the current federal intellectual property rights regime, whereby valuable patents, copyrights, and trademarks have been claimed. Despite this apparent parity, however, state universities have a surprising economic advantage over private universities—state universities can profit from their Eleventh Amendment immunity against damage claims for intellectual property infringement. Private institutions are not similarly immune. This disparate treatment of intellectual property rights is particularly important because of several recent cases involving universities (both public and private) against private entities. Two noteworthy examples include litigation by the University of Rochester against G.D. Searle & Co. (Pharmacia) for the alleged infringement of the University’s patent on the Cox-2 enzyme and John Madey’s claim against Duke University concerning the alleged infringement of his patents

As big tech companies are entering new industrial sectors, an open question concerns the drivers of their expansionary strategies. This paper proposes that these companies are currently entering sectors based on their data-driven intellectual monopoly power, thereby complementing the preliminary answer provided by political economy research which has argued that expansion is driven by their infrastructural power. This approach is developed through a historical analysis of tech giants as companies that systematically turn knowledge and data into intangible assets, showing their expansionary strategies in the healthcare sector to be mainly driven by insights obtained from those intangible assets (a monopolized intangibles driver) and by a quest for conquering new knowledge and data to perpetuate their intellectual monopolies (an intangibles prospecting driver). The paper further illustrates its arguments through a case study of Google’s expansionary strategy and its prioritized incursion into healthcare.