Levels Of Intellectual Property Protection Research Articles

Can regional innovation policies promote corporate digital transformation? Empirical evidence from China’s national innovation demonstration zones

ABSTRACT Using a sample of A-share listed companies in Shanghai and Shenzhen from 2007 to 2022, this study constructs a multi-period difference-in-differences model with the establishment of national innovation demonstration zones (NIDZs) as a quasi-natural experiment to investigate the effect of a regional innovation policy on corporate digital transformation. The study finds that the government’s NIDZ policy has significantly promoted the digital transformation of enterprises. The policy effect is mainly reflected in promoting the application of the underlying digitalization technology. An analysis of the influence mechanism shows that NIDZs promote corporate digital transformation through innovation-driven government support and financing optimization effects. To promote corporate digital transformation and enhance enterprise value, NIDZs require relatively perfect digital infrastructure, a high level of intellectual property protection, non-state-owned enterprises, low management myopia, and manufacturing enterprises. The government can set up NIDZs and actively use regional innovation policies to promote the digital transformation of enterprises, explicitly solving the challenging issues that enterprises face in the transformation process.

The Impact of Digital Economy on Green Technology Innovation and Its Mechanism: Evidence from 274 Cities in China

ABSTRACT The digital economy is gradually emerging as a new driving force and engine for high-quality economic development. In the context of reaching carbon peak and carbon neutrality, can the digital economy empower the development of urban green technology innovation? Based on the panel data of 274 cities in China from 2011 to 2019, this paper measures the development level of digital economy at the city level and employs the two-way fixed effect model to empirically analyze the impact of digital economy on urban green technology innovation. The results indicate that: (1) Digital economy development exert a significant positive impact on urban green technology innovation. This conclusion still holds after a series of robustness tests. (2) Digital economy enhances urban green technology innovation by optimizing human capital structure, enhancing the level of financial and credit investment, and strengthening public environmental concern. (3) Heterogeneity analyses show that the digital economy has a greater positive effect on green technology innovation in the eastern region and non-resource cities. The higher the level of intellectual property protection and the better the development of the factor market, and the lower the intensity of environmental regulation, the greater the positive effect of the digital economy on urban green technology innovation. These findings are not only of great practical significance for accelerating the development of green technology innovation in China, but also serve as a reference for other developing countries to utilize the digital economy to empower the development of green technology innovation.

How does transition finance influence green innovation of high-polluting and high-energy-consuming enterprises? Evidence from China.

Under the impact of "double-carbon" target, transition finance has an important impact on green innovation of Chinese double-high enterprises. Using a sample of 4270 high-polluting and high-energy-consumption listed enterprises (referred to as double-high enterprises) in China from 2012 to 2021, this paper empirically examines the impact of transition finance on the green innovation of China's double-high enterprises by using a fixed-effects model. The study finds that transition finance can have a facilitating effect on green innovation in double-high enterprises. The intermediary mechanism test shows that transition finance can promote green innovation of double-high enterprises through alleviating financing constraints, increasing the level of green management, and enhancing the policy orientation effect. The heterogeneity test finds that transition finance promotes green innovation more significantly for the double-high enterprises that are state-owned, large-scale, and located in regions with high levels of intellectual property protection. Further research finds that the role of transition finance in promoting green innovation in double-high enterprises helps to promote the achievement of green development of double-high enterprises.

Determinants of Green Technology Diffusion and Green Trade

Purpose - This study aims to explore the factors that contribute to the international diffusion of green technology and further analyze the relationship between green technology diffusion and green trade. Previous studies and theoretical foundations suggest that economic, technological, and institutional environments are important factors influencing the diffusion of green technology among countries. For this study, trade openness, intellectual property protection, the level of development of information and communication technology (ICT), research and development (R&D) investment, environmental regulations, and environmental norms were used as the key factors in the diffusion of green technology. In addition, a comparative analysis of OECD and non-OECD countries is conducted.
 Design/methodology - Panel data were collected from 58 countries for the period 2007-2019. The empirical analysis consists of two parts, first exploring the drivers of green technology diffusion using the feasible generalized least squares (FGLS) method, and then analyzing the linkage between green technology diffusion and green trade using the two-stage least squares (2SLS) model. The demand for green technology is expected to vary among countries because of their different economic development levels and goals. A comparative analysis was conducted based on the classification of countries by the level of economic development.
 Findings - We found that the level of intellectual property protection, R&D investment and environmental norms contribute positively to the diffusion of green technology. However, there is a negative correlation between trade openness, environmental regulations and green technology diffusion. Green technology diffusion positively affects green trade. Moreover, the positive impact of green technology diffusion on green trade is more pronounced in non-OECD countries than in OECD countries.
 Originality/value - Previous studies have focused on technology transfer and green technology innovation at the firm level; however, research on green technology diffusion is insufficient. This study investigated the determinants of green technology diffusion at the national level. The study also explored the relationship between green technology diffusion and green trade. It helps to fill the gap in the literature on green technology diffusion and provides a reference for future studies. Additionally, our findings offer valuable guidance for government and corporate decision-makers in formulating strategies for the transfer of green technologies and sustainable development initiatives.

Research on the influence mechanism of intellectual property protection on China's digital economy

In the context of accelerating the construction of the digital economy, it is of great practical significance to study the degree of intellectual property protection to improve the development of the digital economy to help the high-quality development of China's digital economy. The data of 273 cities in China from 2012 to 2021 were selected as samples, and the level of intellectual property protection was measured by the number of intellectual property cases, and the development of the digital economy was measured by the Internet infrastructure, Internet-related output, and digital financial inclusion. It is found that 1) The protection of intellectual property rights has significantly improved the level of development of the digital economy. 2) Intellectual property protection can promote the development of the digital economy by increasing the activity of innovation. 3) The impact of intellectual property protection on the digital economy is verified from the levels of different regions, city sizes and local financial resources, and it is found that the positive effect of intellectual property protection on the digital economy in the eastern region, Type II large cities and cities with high local financial resources is greater.

Can patentee preference in patent infringement dispute resolution impact innovation?

Evaluating the impact of intellectual property protection on innovation should include multiple perspectives, of which the impact of patent infringement remedies is an indispensable perspective. The two options for resolving patent infringement disputes in China include civil litigation (CL) and administrative adjudication (AA). Despite the fact that the judicial system has been emphasized as playing the leading role in intellectual property protection, patentees have shown a strong preference for AA since 2015. The general application of AA had been criticized by scholars. Does the patentee's preference bring inappropriate protection and stifled innovation? This study used regression models and 2008–2020 data on the choice of patent dispute resolution mode in China. The number of invention patent applications was the dependent variable, and choices for CL or AA were the independent variables. The choice of AA and the invention patent application were found to have a significant and positive association, implying that AA provides an appropriate level of intellectual property protection to incentivize innovation. Characteristics derived from AA should be valued and used as a reference to improve innovation policies.

The impact of technological transformation on basic research results: The moderating effect of intellectual property protection

This study creatively investigates the strategic and substantive innovation transformation of basic research results from the perspective of intellectual property protection. Using Chinese provincial panel data from 2001 to 2018, the relevant empirical research findings are threefold. First, basic research results have a significant role in promoting strategic and substantive innovation, and the level of intellectual property protection has a significant regulatory role. Improved intellectual property protection will weaken the strategic innovation transformation of basic research results and strengthen substantive innovation transformation and a variety of robustness tests support these conclusions. Second, a regional heterogeneity test demonstrates that intellectual property protection has the most significant impact on the technological transformation of basic research results in the eastern region. Third, an industrial heterogeneity test indicates that intellectual property protection significantly enhances the substantive innovation transformation of high-tech enterprises, and the impact on general industrial enterprises is insignificant. The research findings provide a theoretical foundation and empirical evidence for China to improve its intellectual property protection system to facilitate basic research innovation transformation efficiency while comprehensively considering regional and industrial differentiation.

To Me My X-Men: An Analysis of the European Union’s Engagement with International Intellectual Property Law Through the Prism of a Trade Agreement with the Mutant Nation of Krakoa

The purpose of this Article is to examine the European Union’s external relations with the hypothetical mutant nation of Krakoa through the perspective of intellectual property and human rights filtered through a trade agreement between the parties. In doing so, the potential trade agreement with Krakoa allows for the critical reflection of the scope and application of international intellectual property protection, enforcement, and development but also allows for challenges to this existing standard that are not possible elsewhere due to broader economic and political reasons. It discusses the progressive inclusion of TRIPS-Plus provisions in EU international agreements and how this sets the stage for this trade agreement. This paper identifies the extent to which the EU is seeking higher levels of intellectual property protection in the global sphere and discusses to what extent the use of TRIPS-Plus provisions has clashed with the objective of the promotion and protection of human rights in the EU external action. In essence, what can be learned from a trade agreement between the EU and Krakoa, and how this can be applied to future negotiations of the EU and its trading partners at the international level.

Comparative Analysis of Pharmaceutical Industry of Russia and China. Prospects for Cooperation

The purpose of the study is to determine the prospects for cooperation between Russia and China in the development of the pharmaceutical industry based on a comparative analysis of pharmaceutical markets, healthcare systems, regulations, as well as the specifics of the production of pharmaceuticals. Russia and China have similar pharmaceutical markets characterized by the dominance of local companies, low pricing, and high state intervention. However, China's pharmaceutical market is more developed, larger, and more diversified than Russia's. China has a better-funded healthcare system, more favorable regulations, and higher intellectual property protection. China's research and development capabilities are also more advanced, with a higher number of clinical trials, patents, and scientific publications. Russia and China have similar pharmaceutical markets characterized by dominance by local companies, low prices and high levels of government intervention. The Chinese market is much larger, more developed and diversified than the Russian one. And while it continues to face uncertainty amid drug pricing issues and low levels of intellectual property protection, China continues to be one of the most attractive investment destinations in the Asia-Pacific region. However, Russia has a more stable political environment, a well-developed scientific base and highly qualified personnel. The Russian Federation also has a favorable geographical position for logistics and exports. In recent years, the pharmaceutical industry in Russia and China has undergone significant changes, which has led to an increase in global competitiveness. The article analyzes the current state of the pharmaceutical industry of the two countries, highlights the key trends and prospects for cooperation in the future. While both countries have growth potential, there are notable differences in their strengths and weaknesses that may influence future market strategies. In general, the potential for cooperation between Russia and China is great, especially given the current opportunities for expanding international trade and investment.

ФІНАНСОВА БЕЗПЕКА УКРАЇНИ ТА ОСОБЛИВОСТІ ЇЇ ІНСТИТУЦІЙНИХ ДЕФОРМАЦІЙ

The article examines the peculiarities of institutional deformations of the financial security of Ukraine. It was established that the functioning of the national economy of Ukraine in the conditions of the Russian-Ukrainian war creates additional risks of the negative impact of macroeconomic, financial and social factors on the economic security of the country. It was determined that the main institutional threats to the financial security of Ukraine in modern conditions are the shadow economy, corruption, raiding and unproductive capital outflow. First of all, the shadow economy is considered as an economic activity that is not taken into account, not controlled and not taxed by the state, aimed at obtaining income by violating the legislation of Ukraine. In Ukraine, the shadow economy accounts for almost a third of the produced GDP, and in 2010–2022 its size varies between 28–36 %. The calculation of the integral indicator of shadowing of the economy is calculated with the help of various methods: energy (level of electricity consumption), monetary (demand and supply of cash), estimation of population expenditure / retail turnover and unprofitability of enterprises. It was established that among the factors restraining the processes of detinization of the national economy are a low level of property rights protection, an insufficient level of intellectual property protection, a low level of stock market liquidity, the protection of investors’ rights and the inability of the regulator to counter abuses of money, etc. Secondly, it was established that the anti-corruption rating for 2022 has worsened, the country received 33 points out of 100 possible in the Corruption Promotion Index. It was determined that the dynamics of this indicator is improving, but there has been a certain “stagnation” in the fight against corruption in recent years. Thirdly, it was established that raiding complicates doing business and worsens investment attractiveness, and in conditions of martial law, increases the risk of illegal seizure of other people’s property. Raiding is not only a threatening institutional deformation, but also the most acute business problem. The problems of raiding are solved by tracking registration actions that are carried out with immovable property. It has been established that unproductive capital outflow is an illegal and inefficient operation of capital withdrawal abroad. Since the beginning of 2022, the Russian-Ukrainian war has significantly affected investor confidence and caused capital outflows, which has jeopardized the country’s economic and financial stability. Key words: shadow economy, raiding, corruption, unproductive capital outflow, financial security.

Does social insurance stimulate business creation? Evidence from China

This study investigates the causal effects of social health insurance on business creation. Since 2007, China has launched a health insurance program for urban residents without formal employment, i.e., the Urban Resident Basic Medical Insurance (URBMI). By exploiting the natural experiment, we conduct a staggered difference-in-differences to show that URBMI significantly enhances new firm creation. Results are robust after addressing endogeneity and using alternative dataset. The above effect is particularly pronounced in regions with high level of intellectual property protection, financial development, human capital, and social trust. Finally, risk taking is a plausible mechanism through which health insurance affects entrepreneurship.

Конкурентоспроможність національної економіки в умовах структурних змін

The article researches the competitiveness of the national economy in conditions of structural changes, the article’s further aim is to define the strengths and weaknesses of the national economy. Based on the carried out analysis of the Global competitiveness index, it is determined that in 2021, in terms of global competitiveness, Ukraine returned to the level of 2013 and took the 54th position among 64 countries. During the period of 2015–2018, the relative stability of Ukraine’s position at the 59th place is observed, in 2019 and 2021 the country demonstrates an increase in rating positions. The analysis of the rating’s components of the ranking indicates that Ukraine’s low position in the global competitiveness ranking in 2021 is due to insufficient economic development. After all, Ukraine occupies the 54th position according to the element «economic indicators». At this, the highest-rated indicator corresponds to the element «business efficiency» (the 50th position in the ranking). It should be noted that it was possible to improve the position regarding the element «infrastructure», according to which Ukraine took the 51st place, while in 2020 it was the 54th position. It is determined that the modern global environment is characterized by a significant level of digitization of all spheres of life activities. The analysis of the country’s competitiveness from the point of view of the use of information and communication technologies is carried out on the basis of the Index of digital competitiveness of countries, which consists of three sub-indices: knowledge; technologies; readiness for the future. It is revealed that for the period 2012–2021, Ukraine had the highest ranking position on the «knowledge» indicator compared to other components and in 2021 took the 37th position, thus improving its ranking compared to the previous period. At the same time, according to the components «technology» and «readiness for the future», the positions in the ranking are approximately the same. The weaknesses and strengths of Ukraine’s competitiveness are highlighted. Among the weaknesses that do not allow Ukraine to take a leading place in the international ranking of digital competitiveness are significant investment risks, an insufficient level of intellectual property protection and the present level of cyber security. Strengths include: providing opportunities to start and develop one’s own business, relatively high Internet speed, e-democracy and high quality of education.

지식재산권보호가 중국의 수출에 미치는 영향: 산업별⋅국가별 비교 분석

This paper analyze the impact of countries' intellectual property protections on China’s exports. We construct panel data of China's export and 120 countries’s intellectual property protection level during the period of 2012~2020. First, the entire industry was analyzed, and only high-tech industries which intellectual property rights are important were analyzed. And also compare whether there was a difference in the protection of intellectual property rights by dividing trade partners into OECD and non-OECD countries. As a result, the higher the level of intellectual property protection in the imported country, the more positive in China's total exports and the high-tech industrial exports, which can be seen that the market expansion of intellectual property protection is effective. In the case of non -OECD member countries, the level of intellectual property protection has been significantly affected by China's total exports, and when targeting the entire industry, the impact of intellectual property protection level is larger than the high–tech industry.

PRAWO DO SKORZYSTANIA Z PREFERENCYJNEJ STAWKI PODATKOWEJ IP BOX NA PODSTAWIE AUTORSKIEGO PRAWA DO PROGRAMU KOMPUTEROWEGO

Just as innovations contribute to building a competitive advantage, the level of intellectual property protection constitutes the international competitiveness of national economies and determines the market attractiveness for foreign direct investments. In this light, the paper analyses the impact of the amendment of February 13, 2020, to the Code of Civil Procedure Act and some other acts, introducing the so-called specific actions in cases related to intellectual property against the situation of innovators, including beneficiaries of the IP box relief, i.e. defence or preventive instruments in the event of a lawsuit or possible dispute. There is a risk of tax authorities questioning the legitimacy of the use of IP box based on qualified IP, i.e. copyright to a computer program. The potential dispute between the taxpayer and the tax authorities will primarily concern the resolution of what is a “computer program” under copyright law and the creative nature of the activity carried out by the taxpayer benefiting from the IP box relief. Effective from July 1, 2020, changes to the procedural proceedings in cases in the field of intellectual property introduced by the amendment to the Code of Civil Procedure protect the taxpayer’s interests using the IP box.

WTO체제하에서 강력한 지식재산권의 보호에 관한 연구

Purpose : This paper examines how The U.S has led to global intervention in the issue of intellectual property protection and proposes a multilateral approach to the demand for a strong level of intellectual property protection. Research design, data and methodology : This paper examines the WTO agreement specially Trade-Related Aspects of Intellectual Property Rights(TRIPS) and analyzes the relevant articles, the developing history of the United States relating IP regime and IPR protection modes. Results : When emerging economies such as China, Brazil, and India become strong and innovative countries, and these countries reflect the US IPR system as it is in creating their intellectual property systems, it may eventually lead to a dilemma. Conclusions : A lot of effort is still needed for WTO member states, except for developed countries, to meet the high-level IPR protection and implementation system that the US insists on. Therefore, it would be most exemplary if the current TRIPS improvement could escape the dilemma of focusing on strong IPR protection and implementation.

Intellectual Property Protection in Outer Space: Conflict in Theory and Application in Practice

The granting of intellectual property protection to space activities plays a significant role in promoting the sustainable development of space commercialization. However, the international intellectual property treaties have not explicitly stated in their provisions the issue of intellectual property protection in outer space, neither the provisions of the five outer space treaties explicitly address the legal issue. Such legal uncertainty may discourage States and non-governmental entities from actively participating in commercial space activities. One concerned rationale resulting in such legal status is the territoriality conflict in theory between the legal regimes of outer space and intellectual property. This article purports to illustrate territoriality conflict in theory between legal regimes of outer space and intellectual property. It then moves to argue that the conflict is proved to be a problem that exists purely in legal theory rather than legal practice because the legal value of Article VIII of the Outer Space Treaty elaborately reconciled the territoriality conflict in theory and offers a self-contained mechanism that would allow guaranteed levels of intellectual property protection in outer space. This mechanism employs space objects as a connecting factor to link space activities with the existing laws of the State of registry to realize the purpose of intellectual property protection in outer space.

Technological radicalness, R&D internationalization, and the moderating effect of intellectual property protection

Drawing on insights from the resource-based view of the firm, this paper examines the link between the radicalness of the firm's technologies and the extent of its exploitation and exploration R&D activities abroad, with an additional focus on the level of the host country's intellectual property (IP) protection as a force moderating this link. It uses information about greenfield foreign direct investment by 185 U.S. publicly-traded manufacturing firms in the period 2003–2013 to demonstrate that technological radicalness is positively associated with the number of exploration and exploitation R&D projects. While the level of IP protection is shown to have a moderating effect, this is nuanced: firms with more radical technologies pursue more exploration R&D projects in countries with stronger IP protection; in turn, the number of exploitation R&D projects is driven by those undertaken in countries with weaker IP protection. The findings have both managerial and policy implications.

Evolutionary Game Analysis of E-Commerce Intellectual Property Social Cogovernance with Collective Organizations

China’s E-commerce market is very active. Despite the impact of COVID-19, the market has ushered in major development opportunities. Alongside, the level of intellectual property protection in China is constantly improving. However, there are relatively few studies on intellectual property protection in the field of E-commerce. This study introduces the theory of social cogovernance and explores the construction of China’s E-commerce intellectual property protection system with the participation of collective organizations. Evolutionary game method is applied to model construction. Through numerical simulation, the study analyzes the evolution of E-commerce platform and collective organization strategic choice. The results depict that improving the open space provided by E-commerce platforms for collective organizations and strengthening their public service capabilities can promote the construction of social cogovernance systems. The establishment of reasonable reward and punishment mechanisms can increase cooperation enthusiasm. We also discuss the theoretical and practical implications for governments, E-commerce platforms, and collective organizations, to improve the level of intellectual property protection in E-commerce. This study can provide suggestions for China’s E-commerce intellectual property protection, improve the overall level of intellectual property protection in China, and provide a reference for global E-commerce intellectual property protection.

Basic Legal Analysis of Intellectual Property Protection in the Adjustment of Import Structure of Developing Countries

With the continuous development of social economy, knowledge has become an important driving force for modern economic growth, which is of critical value for the improvement of the comprehensive national strength of developing countries. In this case, developing countries should systematically judge the advantages and disadvantages of their own trade import structure, make full use of the value orientation of intellectual property protection, and actively take an effective measure to optimize the import structure to promote the sustainable development of national economy. In view of this, this paper expounds the actual situation of patent and trademark application acceptance and authorization in developing countries at this stage, analyzes the deep impact of intellectual property protection on the import structure of developing countries, summarizes and proposes effective plans to improve the level of intellectual property protection to optimize the import structure of developing countries, hoping to provide some effective reference.

Н. С. Педченко, Л. С. Франко ДЕРЖАВНА ПОЛІТИКА ЗАХИСТУ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ ЯК ІНСТРУМЕНТ СТИМУЛЮВАННЯ ІННОВАЦІЙНОГО РОЗВИТКУ НАЦІОНАЛЬНОЇ ЕКОНОМІКИ

The purpose of the article is to study the government policy of intellectual property protection as a tool to stimulate the innovative development of the national economy. Research methodology. The achievement of the purpose set in the article is carried out with the help of comparative analysis of the level of intellectual property protection of Ukraine and foreign countries; a retrospective analysis of the Intellectual Property Index of Ukraine. Findings. The article describes the meaning and the main characteristics of the concepts of "intellectual property", "intellectual property rights" and "state policy for the protection of intellectual property". The main tools for the protection of intellectual property are defined: patents, trademarks, trade secrets, author’s law and related rights. The research of modern trends in the protection of intellectual property in the world economy is carried out. Based on the analysis of Ukraine's place in the IP index (research by The U.S. Chamber of Commerce's Global Innovation Policy Center) and the IPRI index (Property Rights Alliance research), key gaps in state support for intellectual property protection in Ukraine were identified. Practical value. The results of clustering of the countries across the world according to IP and IPRI indices allowed to outline alternative options for improving the effectiveness of state support for Ukraine in the direction of harmonization of national legislation and procedures for the protection of intellectual property. The need for government support has been determined areas: for the provision of legal and technical assistance to owners of intellectual property rights; creating a favorable environment for the transfer of technologies in the host states; facilitating the resolution of private disputes regarding intellectual property; the development of information technologies for the storage, access and use of valuable information about intellectual property; regulation of effective mechanisms of public administration of the process of implementation of inventions; adoption the European experience in stimulating small and medium-sized enterprises that are innovators The proposed measures will help strengthen government support for the protection of intellectual property in Ukraine, improving the ability of innovators and inventors to protect their innovations.