Protection Of Property Rights Research Articles

Binding Sale and Purchase Agreement and Power of Attorney Over Land in the Perspective of the Principle of Horizontal Separation

This study explores the application of the horizontal separation principle in land ownership and transfer in Indonesia, focusing on the Binding Sale and Purchase Agreement (PPJB) and the power of attorney in land transactions. The horizontal separation principle, derived from customary law, ensures that land ownership does not automatically include ownership of buildings or plants on the land. This research examines how this principle affects legal processes related to land rights transfers and the challenges it poses in the context of sale and purchase agreements. By analyzing legal documents, court rulings, and relevant literature, the study identifies key issues such as ambiguous ownership rights and procedural complications that arise from the separation principle. The findings highlight the need for legal clarity and reform to enhance property rights protection and dispute resolution effectiveness in Indonesia's land law system.

Intellectual property rights protection, trade, and GVC participation – an empirical analysis based on South Korean data

Intellectual property rights protection, trade, and GVC participation – an empirical analysis based on South Korean data

Analysis Of Land Ownership Disputes By Foreign Nationals Based On Wills: Case Study Of Supreme Court Decision No. 1134/Pdt/2009 In The Perspective Of International Civil Law

Land ownership in Indonesia is strictly regulated, especially for foreigners, through the Basic Agrarian Law (UUPA). This legal foundation limits the rights of foreigners in terms of land ownership, especially property rights, according to Article 21 of the UUPA. The case of Supreme Court Decision No. 1134/Pdt/2009 provides a clear example of how the recognition of inheritance rights for foreigners on land can lead to complicated legal issues. The method of this research is normative juridical with a statutory and case approach. This method focuses on the analysis of Supreme Court Decision No. 1134/PDT/2009 on land ownership disputes between citizens and foreigners based on wills. Primary data was obtained through court decisions and related laws and regulations, such as the UUPA, while secondary data was through legal literature, and legal periodicals In Supreme Court Decision No. 1134/Pdt/2009, legal considerations regarding land ownership by foreign nationals (WNA) based on wills are the basis of juridical considerations in the case. one of the basic principles that apply in international civil law is lex situs or the law that applies in the country where the land object is located. Based on the principle of lex situs, any breach or agreement relating to property must be subject to the law of the country where the property is located. According to an analysis of Supreme Court decision No. 1134/Pdt/2009, although foreign nationals can receive land through wills, Indonesian agrarian law explicitly prohibits foreigners from owning land. This creates a conflict between domestic law and the legal principles of international property rights protection. Decision No. 1134/Pdt/2009 became an important reference in Indonesian international civil and agrarian law.

Ict Sector Competitiveness: A Comparative Analysis Of Ukraine And Other 7 Eastern European Countries

Ukraine’s ICT sector remains one of the most promising industries in the country, as it continues to grow and develop despite difficult economic and political conditions. Through comparative analysis, this paper evaluates Ukraine's ICT sector performance and competitiveness within the region. The conducted research confirms the proper development of the ICT infrastructure, human capital and ICT services export by Ukraine’s ICT sector. However, there has been a decline in Ukraine's scientific and research activities, in particular, a reduction in the number of scientists and ICT patents issued, a decline in GERD as a % of GDP and the volume of high-tech exports. We noted that the main competitive disadvantage of Ukraine’s ICT sector is opaque and ineffective domestic legislation on the protection of property rights, combating corruption, ensuring economic freedoms, etc., which in turn prevents the ICT sector of Ukraine from strengthening its own competitive advantages and reduces its investment attractiveness. Finally, we emphasized the need for a multilateral approach to restructuring Ukraine’s ICT sector, taking into account domestic legislation update, strengthening security measures to protect the ICT infrastructure, and further development of highly qualified human capital for the ICT sector.

Transformation of intellectual property rights protection in the age of artificial intelligence: challenges for Ukrainian researchers and scientific institutions

Transformation of intellectual property rights protection in the age of artificial intelligence: challenges for Ukrainian researchers and scientific institutions

Women's property rights equality and entrepreneurial activity

AbstractEntrepreneurship is shaped by institutions. However, past research has largely assumed that everyone has equal property rights even though women often operate under a different property rights structure and have fewer legal rights than men. We fill a gap in the literature by examining how the property rights of women impacts female entrepreneurship in a panel countries using data on property rights from the Economic Freedom of the World dataset and data on entrepreneurship from the Global Entrepreneurship Monitor. We find that better protection of property rights for women is associated with more the female entrepreneurship relative to male entrepreneurship.

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 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.

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.

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

This 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.

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The article examines the problems of property rights protection, freedom of investment in the development and post-war revival of the country, and freedom from corruption - key components of integral economic freedom. These problems are mainly of an institutional (subjective) nature and can be overcome if, first of all, there is a united public and political will. Answers to painful questions are offered: why is the largest European country with rich human and natural resources so poor. From the practice of state building and combating raiding, recommendations have been developed that will help our country develop and revive for the sake of salvation and life. Practiceproven algorithms for the protection of economic freedom, in particular, property and investment rights, can be used by legal entities and individuals who are fighting for survival.

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.

The Collaborative Mechanism of Digital Property Rights Protection and Intellectual Property Rights Protection in the Economic Development of the Hainan Free Trade Port

As the Hainan Free Trade Port is vigorously promoted by the Chinese government as a new experimental zone for an open economy, aimed at establishing a high-standard free trade area, it is expected not only to become a significant commercial and trade hub in China and globally but also a crucial window for China's deepened reforms and expanded openness. This article comprehensively analyzes the issues of digital property rights protection and intellectual property rights protection in the economic development of the Hainan Free Trade Port, proposing a series of digital strategies and collaborative approaches to facilitate the efficient implementation of property rights and intellectual property rights protection.