Protection Of Property Rights Research Articles

The judicial response to rent controls in Europe: Protecting property rights against state’s intervention?

AbstractThis essay examines, from a legal and economic perspective, the judicial response to rent controls in the EU focusing on three courts that operate at the fundamental rights and constitutional level: the European Court of Human Rights (ECtHR), the German Federal Constitutional Court (BVerfGE), and the Italian Constitutional Court. Based on an analysis of a sample of judicial decisions rendered over time, a convergent trend emerges: these Courts have recognized and effectively protected the landlord’s property rights against rent controls that were disproportionate and could not ensure a reasonable return on investment. This trend is prominent in the jurisprudence of the ECtHR: the Strasbourg Court has contributed to reshaping the distribution of power between tenants and landlords, encouraging the transition of Eastern and Southern European Countries to the common European housing market. In both upholding and striking down rent control measures, judges generally take market value and the comparative reference price as the preferred benchmarks for fair rent price. A consumption-based and financial characterization of housing, coupled with the fundamental right to derive economic benefits as core elements of the right to property, underpin the legal reasoning of the three Courts.

Assessing State Resilience: Lynching and Its Ramifications on State Credit in the United States

ABSTRACTThe importance of state capacity and institutional quality has received significant attention within the academic literature. This is especially true as it relates to the protection of property rights and, ultimately, the role it plays in economic development. This study adds to this literature by considering how lynching activity across US states impacts sovereign credit. Given that lynching tends to be associated with weak public‐sector institutions, limited‐access social orders, and the weak protection of individual and property rights, we posit that as lynchings increase so too will bond yields. The analysis covers the period 1883–1920 and find support that state borrowing costs rose as lynching activity increased. The results are robust to a number of specifications, demographic groups, and regions. Implications are discussed.

Intellectual property rights protection and sustainable innovation performance: The mediating role of technology spillover

AbstractDespite extensive research into the factors driving sustainable innovation, there remains a significant gap in understanding the impact of intellectual property rights (IPR) protection. This study delves into how IPR protection influences sustainable innovation performance and explores the mechanism of technology spillover and the condition of absorptive capacity. Analyzing data from 266 firms in Vietnam, our findings indicate a positive correlation between IPR protection and technology spillover. Additionally, we find that technology spillover mediates the relationship between IPR protection and sustainable innovation performance. Interestingly, we show that absorptive capacity bolsters the relationship between technology spillover and sustainable innovation performance. These insights offer valuable additions to the existing literature on IPR protection and sustainable innovation literature. Implications for both theory and practice are discussed in detail.

THE ROLE OF INTERNATIONAL ORGANIZATIONS IN ENSURING THE PROTECTION OF PROPERTY RIGHTS

This article is, dedicated to a comprehensive analysis of the role of international organizations in ensuring the protection of property rights. The paper examines the theoretical foundations of property rights in the context of international law and analyzes the functions and mechanisms of various international organizations in the field of property rights protection. Special attention is, paid to the activities of the UN, WTO, WIPO, and regional organizations in this area. The article also explores the problems and challenges faced by international organizations in ensuring the protection of property rights and suggests ways to improve the effectiveness of their activities in this field.

Intellectual property protection and total factor productivity of enterprises: A quasi-natural experiment of intellectual property courts

This study reveals that the establishment of intellectual property courts can significantly improve the TFP of enterprises. After a series of robustness tests, the conclusion is still valid. Mechanistic research finds that the establishment of intellectual property courts can promote TFP of enterprises by strengthening regional law enforcement, improving the quality of enterprise innovation, and enhancing the regional business environment. Intellectual property rights protection has heterogeneous effects on different ownership types, enterprise sizes, and product competitive position. Intellectual property protection is highly important for improving the total factor productivity of enterprises and achieving high-quality economic development.

Issues of property rights protection in criminal proceedings in the context of the right of access to justice

Issues of property rights protection in criminal proceedings in the context of the right of access to justice

Право на необходимую оборону при защите имущественных и личных неимущественных прав: иллюзорное или реальное

Introduction. By virtue of the provisions of Article 45 of the Constitution of the Russian Federation, everyone is guaranteed the right to defend personal rights and freedoms in all ways not prohibited by law. This fundamental constitutional principle is reflected in Article 37 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), which enshrines the right of any person to the necessary defence, that is, to harm (up to deprivation of life) an encroaching person while suppressing socially dangerous encroachments protecting oneself or other persons, the legally protected interests of society or the state. For a long time, the issue of the possibility of protecting property rights, including housing, within the framework of necessary defense remained debatable. Finally, in May 2022, amendments were made to the resolution of the Plenum of the Supreme Court of the Russian Federation dated 09/27/2012 Nº 19, enshrining the right for necessary defense in the event of expected changes that will empower citizens to serve as a basis for their revision. In this regard, it should be recognised as relevant to consider the issue of determining the limits of lawful infliction of harm in the suppression of encroachments related to illegal penetration of housing. Within the framework of this work, the authors also consider the issue of determining the limits of lawful infliction of harm in defence against encroachments on personal non-property rights, both associated and not associated with the use or threat of use of violence dangerous to the life of the defender. Research methods: theoretical, comparativelegal, method of formal logics, method of interpretation of legal norms. Due to the results of the research, the authors give a list of situations which were not taken into account by the judicial community including the right to defend the house, which should serve as a basis for legal review of the case. In addition, the authors point to the need to optimize Article 37 of the Criminal Code of the Russian Federation, the provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012 No. 19 in terms of expanding the right for necessary defense due to the possibility of suppressing administrative offenses within its framework and bringing it into line with Article 37 of the Criminal Code, as well as other circumstances excluding criminality acts, «special legislation» defining the procedure and grounds for the use of force and weapons by law enforcement officers.

Impact of Big Data on Carbon Emissions: Empirical Evidence from China’s National Big Data Comprehensive Pilot Zone

Big data is a pivotal factor in propelling the digital economy forward and emerges as a novel driver in realizing the goals of carbon peaking and carbon neutrality. This study focuses on a quasi-natural experiment, namely national big data comprehensive pilot zones (NBD-CPZs), and employs a multi-period difference-in-differences (DID) model to identify the influence of big data on carbon emissions. The findings of this study are as follows. Overall, big data significantly reduces carbon emissions within the pilot zones. Mechanism analysis shows that big data reduces urban carbon emissions by promoting green innovation, optimizing energy structure, mitigating capital mismatch and improving public awareness of environmental protection. Heterogeneity analysis shows that the carbon reduction effect of big data are more pronounced in cities with high levels of digital economy, non-resource-based cities, cities with strong intellectual property rights protection and the Guizhou Province. Spatial effect analysis indicates that within a radius of 400–500 km, the NBD-CPZ increases urban carbon emissions, signifying a significant siphoning effect; within a radius of 500–900 km, the NBD-CPZ reduces urban carbon emissions, signifying a significant spillover effect, and beyond a distance of 900 km, the spatial effect of the NBD-CPZ is not significant. Based on the above conclusions, this study puts forward several policy recommendations to effectively exert the carbon emission reduction effect of big data.

Property rights protection and intangible investment in the Sub-Saharan African non-financial firms

This empirical study examines the impact of property rights on intangible investments in sub-Saharan African (SSA) non-financial firms using firm-level data. The study employs a local projections methodology for twelve SSA countries over the period 1996–2020. Our empirical results show that property rights protection increases intangible investment in non-financial firms in the SSA region. This effect is significant for the SSA region in the long run.

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.

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.

Impact of geopolitical risk on green international technology spillovers: FDI and import channels

This study investigates the impact of geopolitical risk (GPR) on green international technology spillovers through foreign direct investment (FDI) and import channels. The research aims to understand how GPR influences the transfer of green technologies, which are crucial for sustainable development, particularly in developing countries. Utilizing data from 30 Chinese provinces from 2003 to 2019, our findings indicate that increased GPR significantly hinders green technology spillovers through both FDI and imports. Additionally, the research demonstrates that advancements in local green technology levels (GTL), marketization (Mark), and intellectual property rights protection (IPRP) can mitigate the adverse effects of GPR. These results underscore the critical importance of political stability and robust internal mechanisms in promoting international technological exchanges. This study contributes to the literature on the intersection of political risks and technological advancement and provides actionable insights for policymakers to enhance resilience against geopolitical uncertainties, thereby fostering sustainable economic development.

Does intellectual property rights protection matter for low-carbon transition? The role of institutional incentives

Intellectual Property Rights Protection (IPRP) can affect knowledge dissemination and talent flow. However, few studies have examined its effect on regional low-carbon transition and the low-carbon economy. Using carbon emission efficiency (CEE) to measure China's low-carbon transition, we consider the “National Intellectual Property Rights Demonstration Cities” policy as a quasi-experiment and apply a staggered difference-in-differences model to examine IPRP's effect on CEE. We find that IPRP boosts CEE through green innovation and energy intensity and is stronger in coastal, eastern, resourced-based, and big cities. Finally, the significantly positive spillover impact of IPRP boosts CEE in adjacent cities. This study highlights the critical role of the institutional environment in driving low-carbon transitions, offering a foundational framework for developing countries to promote IPRP.

Black-Box Modelling of Active Distribution Network Devices Based on Neural ODEs

Abstract The morphological structure and dynamic characteristics of power distribution systems are rapidly evolving due to the widespread application of distributed renewable energy and the rapid advancement of power electronics technology. The stability analysis of these complex new distribution systems depends on electromagnetic transient (EMT) simulation. However, the intellectual property rights protection by manufacturers leads to many distribution network devices that can only use black-box models with missing parameters, which challenges the simulation. This reduces the accuracy of the dynamic analysis of these new distribution systems. To address this problem, this paper proposes a black-box modelling method based on neural Ordinary Differential Equation (ODE) for active distribution equipment. The method uses port measurement data to construct a data-driven model that accurately captures the black-box device characteristics, transforming the uncertainties in the user-side black-box devices into observable, controllable, and analysable models. The paper also builds an IEEE-33 node system that includes the energy storage black-box model for validation, and the results confirm the accuracy of the model.

Gravity for cross‐border licensing and the impact of deep trade agreements: Theory and evidence

AbstractWe examine whether deep regional trade agreements facilitate cross‐border licensing. A micro‐founded gravity equation for each supply mode is derived from a model in which heterogeneous firms choose to supply their goods to foreign markets through export, foreign direct investment or licensing. We present several comparative statics results regarding the effects of changes in the fixed costs of serving the destination country, the freeness of trade, and the strength of intellectual property rights protection on bilateral flows of licensing revenues. We then empirically test our theoretical predictions using data on the cross‐border flows of royalties and licence fees for 49 countries in the period 1995–2012. In addition to variables that capture the impact of shallow and deep regional trade agreements, we construct dummy variables that represent subcategories of IP rights‐related provisions. Consistent with our theoretical predictions, we find that improved access to the destination market through a deep regional trade agreement and stronger IP rights protection through a regional trade agreement with legally enforceable IP rights and technology‐related provisions increase bilateral flows of licensing revenues. Among IP rights‐related provisions, the accession to or ratification of existing international IP agreements and the protection of trademarks, patents, or industrial designs are important for facilitating cross‐border licensing.

Differentials in Countries’ Total Factor Productivity and the Factors Influencing Them

The diminishing potential for enhancing productive resources in order to sustain economic growth demands greater emphasis on how efficiently they are used as measured by total factor productivity (TFP). Long-term trends, differences between countries, and macro-level factors were assessed using qualitative and quantitative analysis of economic and financial indicators for a sample of 74 countries from 1978 to 2022. The article confirms that Russia and most other countries have been experiencing a steady downturn in total factor productivity. In some cases, productivity has been falling since the 2008 global financial crisis because key factors changed in the post-crisis period. In particular, growth of TFP has become correlated with increasing fixed investment, a high level of domestic financial development and protection of property rights, and limitation of state intervention in the economy, as well as with following a model of capitalism that allows for a moderate level of state ownership. Those developing countries of Central and Eastern Europe that have consistently implemented market-oriented reforms have also been able to sustain growth. The increasing importance of highly country-specific variables suggests that countries are trying to make greater use of domestic economic policies to support TFP growth and thus counteract the global productivity decline observed by many economists. Although individual countries may succeed in maintaining their growth, such measures are not sufficient to prevent a global slowdown.

Copyright Protection in the Digital Age: Addressing Challenges and Finding Solutions in Indonesian Civil Law

This research aims to identify the challenges faced in enforcing such legal protection. In the current digital era, advances in information and communication technology have had a major impact on various aspects of life including the creation and dissemination of intellectual works, which opens up opportunities for copyright infringement. This research uses a normative juridical approach with a qualitative descriptive analysis method. Data is collected through literature study and analysis of laws and regulations related to copyright protection and intellectual property rights. Primary data based on Law Number 28 of 2014 on Copyright, and secondary data collected from previous related research journals and other official documents. The research found that the legal protection of copyright and intellectual property rights in the digital era in Indonesia still faces various challenges. These challenges include the speed and volume of digital content dissemination, anonymity and global jurisdiction, and the effectiveness of Digital Rights Management (DRM) technology. Although Law No. 28/2014 on Copyright has regulated the economic and moral rights of creators, law enforcement is still ineffective. To overcome these challenges, a comprehensive and collaborative approach is needed between the government, digital platforms, copyright owners, and the public. Some of the proposed solutions include improved automatic detection technology using artificial intelligence (AI) and machine learning, harmonization of international copyright law, DRM technology reform, simplification and transparency of the copyright infringement reporting process, and increased public awareness and education regarding the importance of copyright and intellectual property rights.

IPR Protection and Sustainable Economic Growth: Domestic R&D Level and International R&D Trade Cooperation Perspective

Based on theoretical analysis and research hypotheses, this study uses unbalanced panel data from 107 countries from 2008 to 2020 to empirically analyze the impact of intellectual property rights protection (IPRP) on sustainable economic growth (SEG). The results demonstrate that IPRP promotes SEG directly and indirectly by enhancing the accumulation of knowledge capital through domestic R&D and international R&D trade cooperation. Technological progress reduces the positive impact of IPRP on domestic R&D but amplifies the effect of domestic R&D on SEG. Furthermore, political stability enhances the positive effects of IPRP on international R&D trade cooperation and SEG. This research provides empirical evidence for the role of IPRP in sustainable development and offers policy insights for governments worldwide.

Can IP tribunals increase firm patent applications?—Empirical evidence from China

This paper aims to examine whether property rights protection can enhance firm innovation. To address the endogeneity problem and establish a causal relationship, we adopt the establishment of Intellectual Property Tribunals (IP Tribunals) in China as a natural experiment and employ the Difference-in-Differences (DiD) approach for estimation. By measuring firm innovation via patents and invention patent applications, we find that establishing IP Tribunals can significantly boost firm innovation. Furthermore, we investigate the heterogeneity of our baseline results and discover that privately-owned firms, smaller-sized firms, non-high-tech firms, and firms located in less marketized areas experience a larger improvement in innovation. This finding suggests that this institutional improvement provides greater protection to disadvantaged firms. Breaking regional protectionism and relaxing firm financing constraints are two possible mechanisms through which IP Tribunals can enhance firm innovation. Our results provide new evidence on how institutional change affects economic growth in China.

(IN)EQUALITY IN PROPERTY OWNERSHIP: THE RHETORIC OF HOMELESSNESS

Given South Africa’s shameful apartheid past, equality before the law should seep through every stratum of its society. Arguably, equality should be more of a consideration in areas where apartheid caused significant damage, such as in property relations. Yet, this is far from being the case. In this article, the authors contend that legal protection of certain categories of property is based on who the property owners are and on the value of the asset. This argument is based on a case study of the legal protection afforded to homeless people’s ownership of property.Property relations in capitalist “post”-apartheid South Africa operate and exist within a hierarchy of property interests, resulting in more protection being afforded to certain forms of property interests and less (and sometimes no) protection given to other forms of property interests. Thus, certain forms of property (“formal property”), such as immovable property, enjoy more protection than “informal property”, such as the makeshift homes of homeless people. This dichotomy is most evident in South Africa in light of the housing crisis. While the State focuses on preserving the free market, safeguarding rights over formal property, and minimising the existence of “nuisance” in urban areas, homeless people remain the most destitute people in the country. Hence, it is contended that property law does not protect homeless people and their belongings as informal property owners.Two chief arguments are made in this regard. First, it is asserted that there is an ordering of property rights protection in a capitalist society and a correlating hierarchy of property interests. Although informal property is property deserving of legal protection, it is generally deprived of such protection because it is perceived as less valuable. This article focuses primarily on homeless people’s belongings (informal property), which, it is emphasised constitutes “property” as envisaged under section 25(1) of the Constitution, and extends to the materials that shelter homeless people. Thus, law enforcement agencies’ appropriation of homeless people’s belongings constitutes an arbitrary deprivation of property. The authors posit that the tendency to prioritise “formal” property over “informal” property is arbitrary and unconstitutional.A second contention is that this difference in treatment of, and protection afforded to, informal property constitutes discrimination on the ground of poverty, which falls foul of the equality clause under section 9(3) of the Constitution, and of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA). The argument is made that the difference in treatment between legal protection afforded to certain property owners as opposed to others constitutes indirect unfair discrimination.