Property Rights Research Articles

Research on Overseas Aid Mechanisms for Intellectual Property Rights

In order to solve the dilemma of information asymmetry in the international market of intellectual property rights, China needs to improve the corresponding overseas intellectual property rights protection assistance mechanism. At the present stage, China's governmental assistance in domestic intellectual property rights protection is relatively comprehensive, but there is a lack of unified legal norms, incomplete assistance measures, and irrational establishment of assistance organizations in overseas intellectual property rights protection assistance. Combined with the practice of the United States and other countries, it is recommended to formulate unified laws and regulations on the protection of intellectual property rights overseas, set up additional measures of insurance premiums for the protection of intellectual property rights overseas, and establish overseas branches of assistance organizations to improve the assistance mechanism and provide help to domestic enterprises.

Analysis of Green Intellectual Property Issues and Countermeasures from the Perspective of International Law

As an advanced form of productivity driven by green technological innovation, there exists a natural fit and close connection between new quality productivity and green intellectual property rights. Legal protection is the cornerstone of the development of new productivity, in which the comprehensive protection of intellectual property rights is particularly crucial: green intellectual property rights, as a key force to adhere to sustainable development and promote scientific and technological progress and economic growth, has a central role to play in incentivizing environmental protection as the core of independent innovation, thus becoming an indispensable institutional guarantee for the development of new productivity. This institutional guarantee ensures the legitimate rights and interests of innovation achievements, and is a powerful driving force and a long-term solution for the continuous progress of productive forces. At present, the field of intellectual property cooperation is encountering diversified challenges and problems: the unilateralization caused by some developed countries, the rigidity of international rules on intellectual property, the stagnation behind the digital age, and the imbalance in the distribution of existing international benefits of intellectual property, which should be paid close attention to. In order to effectively promote green technological innovation and escort the green intellectual property protection system to a stable and far-reaching future, countries and enterprises should face the current challenges rationally, correctly understand the differences and conflicts between green intellectual property rights and ordinary intellectual property rights, gain a deeper understanding of the existing relevant international law foundations, and promptly solve the green intellectual property rights issues, improve the relevant international conventions and treaties, strengthen the coordination and cooperation of international organizations, and establish a fair and reasonable green technology patent protection mechanism. fair and reasonable patent protection mechanism for green technology. Only when countries join hands to improve the green intellectual property protection mechanism, jointly combat transnational infringement and maintain a fair market competition environment can the legitimate rights and interests of innovators be safeguarded.

Does intellectual property rights protection help reduce carbon emissions?

Our study examines the relationship between intellectual property rights protection (IPRP) and carbon emissions (CE) using an unbalanced panel data set from 116 countries spanning 2008–2020. The analysis reveals a positive relationship between IPRP and CE. Mechanism tests and nonlinear analysis further elucidate this relationship. The mediation effect results indicated that IPRP indirectly fostered CE growth by inhibiting energy structure’s improvement, demonstrating that IPRP exacerbated the dependence on traditional high-carbon energy sources, hindering the transition to cleaner, more efficient energy systems. The analysis also revealed that IPRP indirectly promoted the increase of CE by promoting technological progress and economic growth. The moderation effect results suggest that political stability could mitigate the positive impact of IPRP on CE. Furthermore, the analysis reveals an inverted U-shaped relationship between IPRP and CE, indicating that while IPRP promotes an increase in CE in the initial stages, its intensification suppresses CE growth beyond a turning point. Hence, our study provides new theoretical and empirical evidence to understand the complex relationship between IPRP and CE. It also offers policy recommendations for effectively integrating global carbon reduction efforts with intellectual property policies.

A Judicial Case Study on Inheriting Membership Shares in Rural Collective Economic Organizations - An Empirical Analysis of 132 Judgment Documents

The government Decision on Several Major Issues Concerning Comprehensive Deepening of Reform stated that the shares of collective assets should have the right of inheritance, thus bringing the issue of inheritance of shares in rural collective economic organizations into public view. In 2016, the government issued the Opinion on Steadily Advancing the Reform of the Collective Property Rights System in Rural Areas, which encouraged localities to carry out practical exploration of inheritance of shares in rural collective economic organizations. Since then, numerous practical cases concerning inheritance of shares in rural collective economic organizations have emerged across the country, but because of the delay in legislation, different standards have been applied in handling related issues in different places, resulting in a large number of "same case but different judgments." Through a comparative study of rural collective economic organization theory and the collection of 132 civil judgments involving inheritance of shares in rural collective economic organizations from various places for empirical research, it was found that the scope of heirs was unclear, the proportion of non-collective members who could inherit was unclear, and the procedures for inheritance were unclear. Therefore, this study aims to provide judicial application suggestions for clarifying the scope of heirs, clarifying the proportion of non-collective members who could inherit, and clarifying the procedures for inheritance, in order to provide some reference for future judicial practice.

The capitalization of property rights to groundwater

AbstractThere is limited empirical evidence on the value of formal property rights to natural resources when they are not transferable, and there is regulatory uncertainty about enforcement. This paper takes a hedonic approach to understanding how three core features of groundwater property rights—access, allocation, and seniority—are capitalized into agricultural land values in the High Plains Aquifer region of Kansas. We find that groundwater access rights confer an average land value premium of 71%, or $1445/acre in 2019 dollars. Water rights having larger allocations and more seniority are more highly valued in the land market. The seniority effect is small but is consistent with more junior rights facing greater regulatory risk of curtailment. Taken together, these results suggest that the land market capitalizes constraints to groundwater pumping provided by groundwater property rights. We use our empirical estimates to quantify the distributional costs of modifying existing patterns of pumping, a common challenge of groundwater management organizations seeking to improve the sustainability of extraction.

The Effects of Foreign Direct Investment on Green Technology Innovation: New Evidence from China’s 278 Cities

ABSTRACT Foreign direct investment (FDI) has played a pivotal role in fostering economic development, and the FDI technology spillover effect is one of the core forces driving an open economy toward new green growth milestones. Evaluating the impact of FDI inflows on green innovation is essential for sustainable and environment-friendly city design. Based on the panel data of 278 cities in China from 2010–2019, we conducted an empirical analysis to test the impact and mechanisms of FDI on green technology innovation (GTI). The results demonstrate that FDI has a positive and highly significant effect on GTI. The channel analysis indicates that the FDI significantly stimulates urban GTI through two mechanisms: alleviating financing restraints and mitigating the risk of new GTI in the early stages. In the heterogeneity analysis, we find that the FDI effect is more pronounced in China’s resource-based regions with high levels of institutional and human capital and in regions with low-carbon pilot policies and good protection of intellectual property rights. Furthermore, the study shows FDI can affect GTI in neighboring areas through spatial spillover effects. Our findings underscore the importance of encouraging and sustaining internationalization in environmentally friendly sectors to foster green transformation. In essence, developing foreign investment policies and enhancing the green technology spillover effect of FDI are vital for strengthening GTI capacity.

Protecting Intellectual Property Rights in Civil Legislation: A Comparative Study Between French Civil Law and Iraqi Civil Law

This study deals with the protection of intellectual property rights in French and Iraqi civil law. This is because the literary and life creativity in Iraq is declining, it is difficult to invest money in new things, and the number of people who comply with the artificial laws made since 2003 is increasing, and secondly, another reason, people's ignorance of the existing laws in Iraq. Iraq, so it is necessary. In each legislation, legal mechanisms are used to promote media and life publishing and help people make money in the process of inventing literary and life works, which can be achieved by granting them a series of intellectual property rights that represent different privileges. From the fundamental rights of people, which are psychologically and morally valid at one or more points in time. This leads us to delve deeper into these rights, which have been incorporated into civil subjects since the creation of some of them through exchanges between authors and publishers or those who own innovative objects. This returns to the ownership model of the target company. In this way, we will mainly discuss the issue of intellectual property rights and carefully discuss the specific rights divided between the French Civil Code and the Civil Code, and then turn our attention to the two themes of law and incentives. The Civil Code collapses. This consists of comparing the independence of intellectual property rights, mainly regulated by French and Iraqi civil laws, and secondly with some provisions of the model.

Artificial Intelligence and Intellectual Property: Impact and Legal Implications

The rapid spread and development of artificial intelligence technologies has raised important questions that have an impact on laws and regulations related to intellectual property. In light of this, the research aims to explore the impact of artificial intelligence on intellectual property laws and regulations, and to examine the legal implications of the innovations generated by artificial intelligence on authorship, invention, ownership, infringement, and enforcement of intellectual property laws. In light of the great concerns about its impact on intellectual property laws and regulations and the uncertainty and ambiguity in the application of intellectual property laws, the researcher considered it a problem of the study as it leads to potential risks and challenges for creators, inventors, and intellectual property rights holders. The research followed the comparative approach to provide a view of the different approaches regarding this topic, and to help shed light on the main difficulties faced in applying the law in such an evolving context. The study reached many conclusions, but the most important of them is that artificial intelligence threatens office jobs due to its ability to generate high-quality content quickly and at a low cost, and intellectual property laws will continue to be breached, which necessitates the need for the law to adapt to establish rules of conduct and limits of human work, and recommends engaging in an international dialogue to unify laws and manage disputes related to intellectual property across borders.

Marriage as a hustle: The evolution of property law and the arrival of same‐sex marriage in Cuba

AbstractThis paper tells the coinciding stories of same‐sex marriage's arrival in Cuba and the evolution of Cuban property law. It argues that greater privatization in the Cuban system, including access to real estate ownership and small‐scale entrepreneurship, contributed to (did not solely determine) the advent of same‐sex marriage even though it was, practically speaking, wholly unnecessary to the goal of equalizing same‐sex couples with regard to property rights. Same‐sex marriage nonetheless scaled the priority list for advancing the interests of gays and lesbians in Cubans due, at least in part, to the discursive entwinement of marriage and property allocation including the “common sense” assumption that marriage is a regime of material benefits access to which determines whether gays and lesbians are being treated equally.

Business strategies, bureaucratic ties, and firms’ innovation novelty: insights from the World Bank enterprise survey

We draw intuitions from the systemic perspective of innovation to develop and test a conceptual model aimed at examining the various factors capable of influencing the novelty of innovations within firms in Visegrad countries. The empirical results based on the analyses of about 2,132 firms revealed that organisational strategies, external collaborations, engaging in research and development, and the legal status of firms marginally influence innovation novelties. Contrary to our expectations, we found that intellectual property rights and bureaucratic ties do not significantly influence innovation novelties. Business cities are also positively correlated with firms’ innovation novelties whilst legal status is not. The main practical implication of the research is that firm managers in the Visegrad Group aiming to improve and sustain the novelty of innovations should consider strengthening their external collaborations as well as having business strategies that must include innovations as well as research and development (R&D). We discuss some implications for theory and policy.

Генезис концепции злоупотребления правом: вещно-правовой аспект (на примере римской правовой традиции)

The concept of abuse of right is being adapted in many areas of private law, including property law. At the same time, such adaptation was not originally characteristic of the abstract institution of abuse of law but developed genetically. The beginnings of the concept of abuse of law can be traced in the Roman legal tradition, which became the cradle of all modern institutions of private law. On the basis of Roman legal tradition and the absolute nature of property rights, the situation of the irrelevance of the concept of abuse of rights is traced due to the lack of competition of owners in the slave-owning formation. The theorization of the sphere of property law gave an impetus to the development of the concept of abuse of property law.

Involving lead users in firm’s standardization strategy within action groups: evidence from smart robotics

PurposeThis research explores how firms manage the complex technologies standardization in action groups. It considers the strategic issues that technology producers face when involving lead users in architecture design. Drawing on the multi-mode standardization literature, this study addresses two dilemmas regarding value creation and appropriation by technology producers within coalitions. The first dilemma is how to create value by developing solutions in compliance with industry standards. The second one is how to appropriate value while ensuring the technology sharing with action groups. The answers to these two dilemmas contribute to filling the research gap on value creation and appropriation in multi-mode standardization.Design/methodology/approachThe research focuses on technology producers participating in action groups where lead users play a crucial role. We conducted a qualitative analysis based on the standardization experience of a Japanese company specializing in smart robotics. Data are collected through semi-structured interviews with key actors. Action groups are defined operationally as a set of stakeholders including competitors of the technology producers, component suppliers, end users, services providers, research centers and academia. The case study is suitable for highlighting specific aspects of the standardization process during its manifestation. It reveals how firms create and appropriate value, providing details about its standardization strategy.FindingsOur findings show that smart robotics standardization is drivn by collaborative models, where the two dilemmas of value creation and appropriation are evident. Firstly, the case revealed that standardization is lead users oriented. Secondly, lead users’ involvement is crucial to customize technologies. Thirdly, the firm’s position is to share a part of the value with the members. The IPR policy is a matter of interest within action groups, since the collaboration is based on open innovation models to share patents and licenses related knowledge.Research limitations/implicationsThis research has some limitations attributable to the limited generalizability of the results due to the qualitative analysis. In addition, this study considers the perspective of technology producers, but should also take into account the perspective of both collective actions itself and the lead users. Findings have some implications in the strategy negotiation. Participating in action groups is not enough to ensure a competitive advantage. Involving lead users is of strategic importance to acquire a competitive advantage. Lead users contribute to the producers’ technology design, helping firms to differentiate solutions from the industry standard and create value from customized technologies.Practical implicationsThis study helps practitioners understand the competitive side of collective actions, clarifying the value capture and appropriability in standardization. The research provides insights to policymakers and standard development organizations committees when they are called to harmonize standards considering the fallouts on the sector’s competitiveness. Findings suggest appropriate property rights policies to manage the issues related to the value appropriability and technology sharing, recognizing action groups members for their contribution in value creation.Originality/valueThis study shows how firms deal within action groups with the two dilemmas of variety versus technology conformity and property rights versus technology sharing. It fills the research gap in collective actions, emphasizing the perspective of the individual firm in the group rather than the coalition strategy itself. This topic highlights the crucial role of lead users within action groups in managing the two dilemmas, offering a new perspective for understanding critical issues of multi-mode standardization. Reflecting on mechanisms and tools to manage the two dilemmas allows firms to protect their competitive advantage in coalitions.

About Some Socio-economic Problems and Risks of Artificial Intelligence

Article analyses some socio-economic risks related to application of artificial intelligence (AI) in several fields of activity. Also, existing gaps in legal regulation of activities related to artificial intelligence are investigated. Article clarifies issues related to determining the division of liability for certain legal consequences resulting from artificial intelligence activity. Also, norms and principles to be adhered to in order to protect personal data during application of AI are demonstrated. As one of the concerns among people regarding artificial intelligence, article notes the importance of provision of transparence and accountability of this technology. Simultaneously, article interprets problems arising from relations of artificial intelligence and intellectual property, as well as recognition of property rights for intellectual products created via AI. Also, macro and micro-level impact of artificial intelligence on economy is analyzed. Attention is paid to issues such as productivity, competition, changes in the nature of the labor market, the increase in unemployment, and the deepening of social and digital inequality as a result of the application of this technology. Moreover, advantages and risks of human-robot collaboration are evaluated. Article demonstrates the biggest threats of artificial intelligence – creation of fake content, misinformation and hence, creation of significant problems. Prevention methods of those threats are interpreted on technological and legal planes. Also, risks of application of artificial intelligence in critical fields such as military and health are characterized.

‘Stable and Four-Square:’ A Colonial History of Property-Owning Democracy

ABSTRACT This paper explores the colonial history of the theory of ‘property-owning democracy.’ Focusing on R.R. Torrens’ title registration system, the paper links property-owning democracy to nineteenth-century debates on land rights and title registration. Instituted in South Australia in 1858, Torrens’ system linked the simplification of transactions in land to visions of a property-owning society. Seeking to replace complex land laws, Torrens’ system’s emphasis on speeding up land transactions appealed both to settler society and metropole. This transformation facilitated the dispossession of Indigenous lands and intertwined property law with colonial narratives of progress, liberty, and democracy. Ultimately, Torrens’ vision identified democracy with a new property regime securing the future of property title and political rights. Through a common engagement with nineteenth-century Britain’s ‘land question,’ Torrens’ project in South Australia is linked to the development of the twentieth-century political concept of property-owning democracy. The paper makes the case that exploring land registration debates reveals the importance of secure property rights and human capital in the history of ideas of property-owning democracy. Legal and bureaucratic innovations like the property register were considered to free individuals to invest in their own economic development and create the economic conditions for democracy.

Navigating Indigenous Data Sovereignty: A Decolonizing Approach to Understanding Opioid Use Amongst First Nations in Manitoba

First Nations (FN) and Indigenous Peoples around the world face significant challenges in navigating the complexities of Western research systems, particularly in the context of data sovereignty and research about their people and communities; the same can be said for Western researchers navigating Indigenous research space. We examine the intersection of Western research and FN data to explore opioid use amongst FN in Manitoba and highlight the ethical imperative of utilizing decolonizing frameworks when working with Indigenous data. Indigenous researchers led a retrospective cohort study linking the Manitoba FN research file to population-level data held at the Manitoba Centre for Health Policy. We centred Indigenous voices, knowledge, protocols, and contextually informed interpretation and fostered meaningful partnerships with academic researchers to ensure we utilized robust statistical methods while prioritizing community-driven questions, needs, and aspirations. Study period from 2015 to 2019 and included all Manitobans eligible for Manitoba Health Services. We found downward trends in opioid-related use, dispensation, hospitalization, and mortality rates for both FN and all other Manitobans (AOM), but a significant gap was found between FN and AOM for most indicators. Indigenous governance, ownership, engagement, collaboration, reciprocity, and respect for cultural and intellectual property rights are key concepts in ethical research practices that prioritize Indigenous self-determination and data sovereignty. We underscore the transformative potential of Indigenous-led research and use of decolonizing frameworks in fostering community empowerment to address opioid use in First Nation communities. We upheld the rights of Indigenous peoples to govern their data and undertake their own research.

From Edinburgh to Rome via The Hague: The International Appeal of the Trusts and Succession (Scotland) Act 2024

Abstract The Scottish legal system is independent of the English one. Two relevant differences are that the system of property rights in Scotland is based on Roman law, and equity is not a separate source of Scots law. Nonetheless, trusts have been known in Scotland since at least the 16th century. The Trusts and Succession (Scotland) Act 2024, which received Royal Assent last January, is an up-to-date piece of legislation that brings Scotland to the forefront of modern trust legislation. Many solutions that have been devised in leading offshore trust jurisdictions (non-charitable purpose trusts, protectors, etc.) are now fully regulated under Scots law.

The Role and Impact of Information Technology in the World of Education in Indonesia

Technological developments impact various sectors, one of which is the education sector. Information technology has an important role and greatly impacts education in Indonesia. This study aims to determine the role and impact of information technology in Indonesia’s education world. This study used a qualitative research method with a descriptive approach. At the same time, the data collection technique was carried out using a literature study through exploration of journals, books and other information relevant to the study. The results of the study show that the role of information technology in education is as a source of information, a substitute for the human role in task automation, a means of increasing competence, educational infrastructure, education management and a means of presenting ideas. Meanwhile, the impacts that information technology has on education in Indonesia include that the information needed will be more quickly and easily accessed for educational purposes, innovation in learning is growing, the development of virtual classes or teleconference-based classes does not require the educator and students to be in one room, the administrative system in an educational institution will be easier and smoother due to the application of information and communication technology systems. Meanwhile, information technology in education has negative impacts, including violations of Intellectual Property Rights, because easier access to data causes plagiarism to commit fraud.

Urban agrarian reform: opportunities and challenges for land rights among low-income communities

Agrarian reform has typically focused on the redistribution of land in rural areas, specifically targeting farmers and agricultural tracts of land. This study explores the potential for agrarian reform in urban settings and the challenges facing low-income individuals in acquiring land rights essential to adequate housing. Using statutory and theoretical perspectives demonstrates that ample opportunities still exist for urban agrarian reform to take hold via the expropriation of state-owned land and land whose rights have lapsed. Public land that has not been dedicated as a waqf or even recognized as government property and historic land rights where the building rights expired and without any application to extend those rights present empirical reform opportunities. Despite these opportunities, urban land rights remain a contested space. Many poor people live on untitled land because such a thing is considered disputed by public authorities. Conflicts arise from the physical duration of inhabitants' occupation, which is in severe contrast to claims found with entities holding either outdated or inadequate property documentation. The official bodies, particularly the Land Office, are hesitant to issue land certificates due to these conflicts. The uniqueness of this research lies in its focus on urban land reform and its implications for the poor, thus highlighting a gap in existing literature that focuses largely on rural settings. This important research study depends on the emerging need for appropriate and certain housing options in cities. The importance of this study to the discipline is that it fosters the application of national land law principles, namely equity, legal certainty, and practicality, to disputes over urban land, providing a framework for a fairer distribution of land rights.

Land certification, tenure security and off-farm employment: Evidence from China

China’s new round of nationwide land certification program (LCP) provides a good natural experiment to investigate whether land certification can promote rural labor off-farm employment. However, existing research overlooks that the new round of LCP is a re-certification program based on the previous round. This paper proposes that incorporating the ex-ante property rights of households is crucial. Using micro survey data from China, this paper empirically examined the impact of the new round of LCP on off-farm employment for households with different ex-ante property rights through a multi-period DID model. The results indicate that the new round of LCP significantly increased the off-farm employment size for households without old land certificates. However, there was no significant impact on households with old land certificates. The ambitious new round of land tenure reform can only enhance the tenure stability for those households that previously lacked land certificates.

The rise of data property rights in China: how does it compare with the EU data act and what does it mean for digital trade with China?

Abstract In 2022, China introduced a landmark Data Property Rights System, followed by implementation rules in 2023 and 2024. Concurrently, the EU enacted the groundbreaking Data Act. While both systems oppose granting exclusive data access rights, they differ in their approaches: China establishes new property rights for data processors, while the EU imposes obligations on them. By comparing China’s Data Property Rights System with the EU Data Act, this paper aims to elucidate the background, contents, and challenges of the Data Property Rights System in the context of digital trade. It argues that China will address the dilemmas of security risks versus data commercialization by implementing a national negative list for data outflows, qualified by green channels in selected industries. It urges China to adopt a more consistent national approach in implementing Data Intellectual Property Rights, resolve the classification and non-discrimination treatment issues in international trade, and draw lessons from the EU sui generis right. It also suggests that focusing on sharing non-personal data under the China Data Property Right System and the EU Data Act may reshape our understanding of governing non-personal data flows and non-consumer users of data products in Free Trade Agreements.