Protection Of Property Rights Research Articles

Digital government and regional innovation

This study examines the effect of digital government policies on regional innovation levels. The findings indicate that implementing a digital government policy significantly boosts the number of patent applications per capita. Digital government policies are particularly effective in regions with advanced marketization, robust intellectual property rights protection, superior network infrastructure levels and supportive business credit conditions.

Business Innovations and Digital Transformation: Trend, Comparative and Bibliometric Analysis

The rapid development of digital technologies, digital transformation, business innovation, and the emergence of such technologies as artificial intelligence, blockchain, the Internet of Things provides significant potential for transforming business processes and creating new innovative models. The trend analysis conducted in this article (using the Google Trends tool) around the world for 2009-2023 showed that public interest in “business innovation” was almost constant until 2021 (according to the GT Scale, it ranged from 0.25 to 0.5). After 2021, it increased (according to the GT Scale, it was more than 0.5). At the same time, public interest in “digital transformation” has significantly increased since 2014, reaching almost maximum values in 2020-2023 (0.75 – 1.00 on the GT Scale). This confirms a growing need in society to acquire new knowledge related to the ability of businesses to adapt to digital transformation, including through creating innovative developments. Unlike trend analysis, bibliometric and comparative analyses identify trends in developing interest in this topic not among ordinary citizens – users of the Google search platform ‒ but among scientists who publish the results of their research either in monographs or in authoritative peer-reviewed scientific journals indexed by leading scientometric databases. The comparative analysis conducted in the article using the Google Books Ngram Viewer (Google) tool, which displays the frequency of references to relevant terms in English-language books for 2009-2019 worldwide, showed similar trends: the persistence of scholars’ attention to business innovation, while their interest in digital transformation is growing: in 2009-2013 – a slight increase, in 2013-2019 ‒ a significant increase. In the bibliometric analysis, a five-level mechanism for limiting the research sample was applied: only English-language and most recent (for 2018-2022) scientific articles indexed by the Scopus database in the subject area of Business, Management and Accounting were subject to analysis. Based on these limitations, the research sample for the keyword “digital transformation” was reduced from 12131 to 1700 papers, and for “business innovation” from 865 to 70. The analysis of the published articles, their views and citations, carried out using the SciVal tool, fully confirmed the conclusions drawn from the trend and comparative analysis results. In terms of digital transformation, the leaders in terms of the number of papers and the number of views are Germany, Italy, the UK and the US; in terms of citations – the UK, Germany, the US, and in terms of individual scientists – Brazil and Germany. As for the topic of business innovation, the United States is the undisputed leader in all these parameters, followed by China and the United Kingdom. Some scientists from Germany and Spain also attract the attention of the academic community (in terms of views and citations). Changes in trends and research priorities in each of the studied topics were identified and described using SciVal (analysis of the reference dynamics to the top 50 keywords in articles for 2018-2023). For example, in 2023, compared to 2022, scientific interest in issues related to “value creation” (+61.5%), “incumbents” (+66.7%), “service economy” (+83.3%), “digital marketing” (+75.0%), and “design thinking” (+150.0%) increased the most. VOSviewer software made it possible to cluster the scientific work by thematic areas. The largest cluster on digital transformation relates this concept to small and medium-sized businesses and technologies, and the largest cluster on business innovation relates it to the development of small and medium-sized enterprises and the protection of property rights.

Legal Systems, Property Rights, and Financial Development in Sub-Saharan Africa

The study aims to determine the effect of legal systems and property rights enforcement on developing financial markets, institutions, and overall financial development in Sub-Saharan Africa. Data for this study were extracted from the Financial Development Index of the World Bank Global financial database, the Economic Freedom database of the Fraiser Institute, and the World Bank Development Indicators database covering 41 Sub-Saharan African countries from 2000 to 2020. The models were estimated using the System GMM and the SURE model as robustness checks to address cross-equation correlations and linkages between financial markets and institutions. Results showed that legal systems and property rights enforcement have an effect on the growth of financial markets, institutions, and overall financial development, regardless of the measure of financial development used. Moreover, trade and GDP positively affect financial development and financial markets, while stringent regulatory trade barriers have a negative effect. The need for governments to prioritize strengthening legal systems and ensuring the enforcement of property rights protection to create a predictable and stable environment for businesses and investors is key. Reducing trade barriers and eliminating restrictions that may discourage foreign investment to increase trade volumes and capital inflows into SSA is also important. JEL Classification: F36; G20; G1, G10; K40; P26

Property rights protection, financing, and firm exports: the impact of China’s property law enactment

Chinese property law plays a significant role in the reforms of the Chinese economic system by establishing protective legal frameworks. This study utilizes the enactment of the Property Law in 2007 as a quasi-natural experiment and employs the difference-in-differences method to investigate the law’s impact on firm exports in China. The results indicate that firms’ exports experienced a significant increase after the law’s enactment. These findings remain robust after controlling for additional fixed effects, alternative subsamples, and measures of core variables. The law affects firm exports through two mechanisms: informal financial channels, such as trade credit with trading partners, and formal financial channels, such as borrowings from banks and other financial institutions. Heterogeneity analyses suggest that the export effect is positively related to firms that rely heavily on external financing and are not politically connected. Moreover, this correlation is accentuated in regions characterized by more conservative credit development and heightened efficiency in law enforcement. In addition, the promotional effect is more pronounced in firms exporting to high-income countries. These findings suggest that property rights protection in China significantly impacts trade and provides a comparative advantage to firms’ exports.

Controversial aspects of the modern national doctrine of property law

The article examines the basic controversial aspects of modern property law in the context of an overview of the Ukrainian legislation and highlights the main ideas of national civil law scholars on certain controversial issues. They consist in identifying the debatable components in the spectrum of research in the field of national property law, assessing further effective areas of scientific research and reviewing the main provisions of civil law on property rights. The author presents the main scientific views and contradictions, as well as the legislator’s views on the concept and features of real rights; reviews the points of view of understanding the grounds for the emergence of real rights and their generalisation and systematisation in the context of current legislation; demonstrates the problems of classification of objects of real rights; considers the problem of classification of real rights; reviews the content of basic legal categories related to the term “protection of real rights” and briefly highlights the approaches to classification of methods and forms of protection of real rights.
 It is noted that in general, the issues of property law of Ukraine are well studied, and only some issues need to be investigated in the context of detailing already known studies or solving specific practical legal problems, in particular, legal conflicts and selection of effective methods and forms of property rights protection in a particular case under a particular set of factors or parameters. The main core of the discussions on property law is whether the notion of “thing” belongs to a particular concept and whether a wide range of property relations exists in modern social, economic and legal relations. Therefore, first of all, there are discussions about the need to enshrine in the legislation a clear definition of the content of the category “real right”, to create a detailed classification of both real rights and their objects, as well as to select an effective remedy for violated rights in accordance with the existing parameters (components) of the legal situation, etc.

Peculiarities of property rights protection, their specific application to objects

The article examines the issue of the specifics of the protection of property rights, the specifics of their application to objects.
 Article 13 of the Constitution of Ukraine declares that the fundamental principle of in the field of protection of property rights there is a provision that the state provides equal protection of all subjects of property rights. In recent years, the question of protection of property rights has gained important theoretical and practical importance. The analysis of modern judicial practice shows that there is no unified position of judicial bodies on the resolution of disputes related to the violation of property rights. Courts of general jurisdiction and commercial courts, when considering disputes related to the protection of violated rights, ambiguously apply the norms of current legislation, therefore, the uncertainty of judicial authorities in the matter of the uniform application of the provisions of civil law to disputes of this category leads to the violation of the constitutional rights of owners.
 It is emphasized that the protection of property rights is a complex of civil legal means, which are aimed, on the one hand, at ensuring the normal economic use of property and maintaining property rights in an intact state, and, on the other hand, at restoring violated property relations, overcoming obstacles to their normal functioning and compensation for damages caused to the owner.
 As a conclusion, it is said that the protection of property rights acts as an independent subjective right that arises at the moment when there is a threat of its violation or dispute. This right includes powers, each of which involves the active implementation of positive actions.
 In the field of legal relations related to the protection of property rights, the objects of protection are directly the rights to certain objects. It is these rights that can be violated by other persons, and it is for their protection that the civil law provides for various means that a person can use to protect his violated or disputed rights, which are subject to protection by the law of interests.
 Subjects of legal relations related to the protection of property rights are, on the one hand, persons who have property rights to a specific object, and persons who retain property in accordance with relevant contracts or laws, and who, accordingly to legal norms, have the right to demand protection of their violated subjective rights. On the other hand, these are persons whose actions led to the unlawful violation of subjective rights to property objects.

Оn the question of protection of property rights and determination of subjects of property use: analysis of judicial practice

The article highlights the method of protecting the right of ownership and determining the subjects of use on the example of the analysis of judicial practice. The interrelationship of the right of ownership and the right of use, the order of following the main thing and the accessory thing are determined. Examples of a court case in terms of the court’s determination of the right of ownership and subjects of the right of use are given. The issue of property rights is analyzed in the context of a key aspect of social relations between subjects of civil law. The provision that the state’s attitude to the issue of property rights determines the features of the ruling regime in the country and testifies to the development of civil society has been updated. The inviolability of the right to property and the level of its protection is a kind of litmus test that determines the level of democratic society and the state’s attitude to basic human and citizen rights. Thus, Part 1 of Article 4 of the Civil Code of Ukraine stipulates that every person has the right, in accordance with the procedure established by this Code, to apply to the court for the protection of his violated, unrecognized or disputed rights, freedoms or legitimate interests. According to Part 1 of Article 16 of the Civil Code of Ukraine, every person has the right to apply to the court for the protection of his personal non-property or property right and interest. According to Article 41 of the Constitution of Ukraine, everyone has the right, in particular, to own, use and dispose of their property; the right to private property is acquired in accordance with the procedure established by law; no one can be unlawfully deprived of the right to property, the right to private property is inviolable (parts one, two, four). Analysis of court practice shows that consideration and resolution of civil cases in the field of violation of property rights is complicated by the imperfection of the legal system, the need to improve and change the existing legislation in this field. It was determined that mostly people go to court due to violations related to the lack of registration of ownership rights to real estate, loss of title documents, receipt of title documents by improper entities, presence of self-acting objects in real estate.

Concept of Titles and Its Relevance in Present Legal System

The title is a crucial aspect of the Indian criminal system, serving as a foundation for property possession and rights. It is a piece of criminal evidence or documentation that establishes ownership or interest in assets, property, or rights. In the current criminal framework, the title has significant implications for civil law, asset transactions, and financial activities. One of the primary functions of a title is to provide clear proof of ownership, conferring legal recognition, and protection of property rights. It serves as a tangible manifestation of possession, allowing people or entities to assert their claims over specific properties. Title documentation serves as an essential instrument for establishing and validating ownership, facilitating transactional transactions, and resolving disputes regarding property rights. In the Indian legal context, property titles are essential for facilitating economic growth, attracting investments, and promoting development projects. Investors, developers, and financial institutions rely on the integrity and validity of property titles to assess risks, allocate resources, and execute transactions. A clear and consistent system of name registration and transfer complements market performance, promotes investor confidence, and stimulates monetary interest. However, the concept of name in the Indian criminal system faces challenges such as disputes over a name, obstacles, fraudulent practices, and faulty documentation. These issues can lead to prolonged legal battles, financial losses, and uncertainties for the stakeholders involved. Therefore, there is an urgent need for comprehensive criminal frameworks, effective enforcement mechanisms, and dispute decision mechanisms to uphold the integrity of property titles. The Indian legal system has enacted several laws and policies to ensure the integrity and validity of property titles, such as the Transfer of Property Act, of 1882, and the Registration Act, of 1908. These guidelines prescribe methods for the transfer, registration, and enforcement of property titles, promoting the defense of ownership rights and stopping fraudulent practices.

Insolvency and Intellectual Property Rights Protection and Enforcement Issues in Bankruptcy Proceedings

This research paper explores the intricate relationship between intellectual property (“IP”) rights and insolvency proceedings, particularly within the framework of the Insolvency and Bankruptcy Code (“IBC”) in India. Intellectual property assets, including trademarks, patents, copyrights, and other intangible assets, hold significant value for companies, often becoming pivotal factors in insolvency resolution outcomes. Despite the critical role of IP, the IBC lacks explicit provisions addressing the treatment of IP licenses during insolvency, leading to uncertainties and gaps in legal guidance. Through a comprehensive examination of relevant sections of the IBC, such as Section 18 and Section 29, alongside comparative analysis with international insolvency laws, this paper elucidates the complexities surrounding the treatment of IP licenses in insolvency scenarios. It delves into concepts like the disclaimer of onerous property, avoidance powers, and the role of resolution professionals in managing IP assets during insolvency resolution processes. Furthermore, this paper identifies the absence of clear guidelines for cross-border insolvency cases involving intellectual property licenses, highlighting the need for harmonization and regulatory clarity to address potential conflicts between different insolvency regimes. The research underscores the importance of administrative inquiry and legislative action to provide robust protection for IP rights within insolvency frameworks, ensuring equitable treatment for all stakeholders involved. Keywords: Intellectual Property, Insolvency, Insolvency and Bankruptcy Code, IP Licenses, Cross-border Insolvency

Unlocking Global Opportunities: Tanzania's Ratification of the Madrid Protocol for Intelllectual Property Rights Enhancement

This article highlights the potential benefits as well as consequences of Tanzania ratifying the Madrid Protocol, a critical move in enhancing Intellectual Property rights protection within her borders. The Madrid Protocol is a parallel treaty to the Madrid Agreement that provides an international framework for simplified trademark filing across multiple jurisdictions. This paper examines how this strategic decision can put Tanzania on a better competitive ground in the global market and attract foreign direct investment while still protecting domestic intellectual property of local firms.

The Institute of property rights protection in administrative law

The article is devoted to the study of the institution of property rights protection in administrative law. The legal institute of property rights protection in administrative law is considered as a set of administrative and legal norms regulating homogeneous social relations related to the protection of property rights. In the system of administrative law, they form an independent separate group, permeated with internal unity, with a common goal - to ensure a holistic effective regulation of social relations related to the protection of property rights, which allow for the possibility of applying to an individual or legal entity measures of administrative liability for the commission by that person of offenses encroaching on property.
 It is established that: 1) the institute of property rights protection, as a systemic, integral entity, is a unity of naturally arranged and interrelated elements, to which we have referred the sources, objects of legal relations, as well as special entities whose activities are aimed at organizing appropriate protection of property rights through the use of administrative and legal measures and means; 2) the institute of property rights protection in administrative law operates with universal administrative and legal measures and means. This universality lies in the fact that they combine the «power» of the State structures with which they are usually associated, and which involve the direct application of various measures of State coercion with a preventive effect. Their combined use makes it possible to protect property rights at the sectoral level in the most complete and comprehensive manner.
 It is stated that the State regulation of property rights protection in Ukraine belongs to a wide range of relations which are the subject matter of both civil, criminal and administrative law. The legal system of Ukraine has created a whole range of institutions for the protection of property rights. Taken together, they form the legal basis for state property protection. At the same time, the use of administrative and legal measures and means by the executive authorities in the course of property rights protection is the most effective in terms of the ratio «funds spent - results obtained from their use».

Jurisprudential Analysis of Applicant Subordination in the Declaratory Death System

The system of declaration of death leads to a series of changes in civil legal relations, such as the annihilation of marital relations and the creation of inheritance. China's civil code stipulates that can apply for the declaration of natural person's death for the interested party, but have the right to apply for the declaration of death of the order of the interested party is still debated in the academic community, the controversy lies in the applicant should have the order of the applicant. This paper analyzes the jurisprudence on whether the applicant for the declaration of death should have the right of precedence, and finds that the focus of the debate on the right of precedence is on the protection of property rights and interests or identity rights and interests, and finally proposes that the identity relationship of spouses be separated from the property relationship in the declaration of death, and that the declaration of disappearance be made as a pre-procedure of the declaration of death, in order to protect the legitimate interests of the interested parties.

Bank market structure and firm innovation-evidence from China.

This study explores the impact of bank market structure on firm innovation in China using a two-way fixed effects model. Our analysis is based on a dataset comprising 2,412,316 firm-city level observations. Our findings suggest that there exists a U-shaped relationship between bank market structure and firm innovation in China. Specifically, we identify that the financing channel is a crucial pathway through which bank market structure influences firm innovation. Moreover, our results indicate that this relationship is mainly driven by small firms and innovative firms, and is more pronounced in regions with stronger intellectual property rights protection or greater openness to foreign markets. In sum, this study contributes to the existing literature by advancing our understanding of the impact of bank market structure on innovation in Chinese firms.

Implications of perceived tenure security and property rights protection in Burkina Faso

Implications of perceived tenure security and property rights protection in Burkina Faso

Foreign direct investment and domestic innovation: Roles of absorptive capacity, quality of regulations and property rights.

Foreign Direct Investment is theoretically expected to facilitate the transfer of knowledge from the home country to the host country, however, the empirical evidence on the subject is mixed. Some studies have shown that, on one hand, as competition grows, the incentive to innovate reduces with the decrease in monopoly rents (Schumpeterian effect). On the other hand, market competition can also boost investments in R&D activities incentivized by incremental profits (Escape-Competition effect). Therefore, this study aims to explore which of these two effects dominates in the selected group of countries. This study also identifies the moderators of the relationship between FDI stock and domestic innovation. It examines the role of absorptive capacity, quality of regulations, and property rights protection in the innovative activities of the host countries. Generalized Method of Moments is used to estimate the parameters of the multivariate regression equation. The analysis is based on panel data consisting of 49 countries over 14 years. The results show that FDI has a negative relationship with domestic innovation, indicating the presence of the Schumpeterian effect. The extensions of the main models show that FDI positively affects domestic innovation in countries with higher absorptive capacity, the superior quality of regulation, and stronger protection of property rights. This study shows that the positive relationship between FDI and domestic innovation is conditional on the ability to absorb knowledge and quality of governance in the recipient countries.

Intellectual Property Rights and Plagiarism in Information Technology Research

In present times, intellectual property rights are the central focus of international economies and global market competitions among enterprises due to their important role in fostering cultural prosperity, economic development, and progress in the field of information technology. The advancement in information technology has made the field even more complicated as firms struggle to protect their copyrights in the face of online data explosion, dynamic e-commerce environment, and rising disruptive technologies such as Machine learning and Artificial Intelligence. On the other hand, plagiarism is on the rise in recent times. Students knowingly or unknowingly practice plagiarism daily to meet their stringent academic demands. Information Technology Tools encouraging plagiarism have further aggravated the problem. Intellectual property rights and plagiarism awareness are relatively weak even among scholars. Do intellectual property rights protection and existing plagiarism trends have any effect on the field of information technology research? This paper discusses intellectual property rights and plagiarism with the mindset of information technology research. The paper seeks to shed light on aspects of intellectual property rights and how they affect academic research, in the field of information technology. If after reading this paper a researcher, can take intellectual property rights and plagiarism seriously, then, this research would have achieved its desired outcome.

Constitutional Property and Progressive Property’s Compatibility: A Reappraisal

Progressive property theory is driven by a desire to improve the law, and legal outcomes, for those on the margins of society. At the same time, it largely assumes the compatibility of constitutional property rights with its aims. However, constitutional property doctrine is often ambiguous on the core question of what distribution of collective burdens is susceptible to invalidation. Such ambiguity in turn can support political over-inflation of the strength of constitutional protection for property rights. Given the resulting chilling effect that constitutional property rights can have on measures that interfere with property rights, the Article argues that progressive property should be more sceptical of property rights guarantees that are interpreted judicially as having anti-redistributive effects. At the very least, it should more closely analyse and account for the political effects of such rights.

The Influence of Servicescape and Brand Image on Customer Loyalty Mediated by Customer Satisfaction

Taiwan's design industry has established design characteristics and styles during the short period of more than 30 years of development, making Taiwan's designed products rank on the world stage. Based on the current design development direction, the analysis of the existing design organization, and the input and implementation of design by Taiwan enterprises, this research discusses the factors for the successful development of Taiwan's design industry by means of historical analysis and case comparison. The study found that in the timeline of Taiwan's design development, the focus is on industrial management innovation, design diagnosis, product development, etc., and it is supplemented by trying to increase the competitiveness of products and promoting international design. At the same time, it is actively constructing the design of each enterprise Environment, including the implementation of multiple counselling measures, the establishment of various design technical support systems, the design of intellectual property rights protection systems, and the provision of corporate subsidies, training channels, etc., plus government agencies have proper control over design policies, future design directions, and national budget resources. Development strategies such as design division and cooperation carried out by non-governmental and semi-official organizations have promoted Taiwan's design to shine in the world. The changes brought about by computer technology and the Internet to human life patterns have changed the functional positioning of the design industry. Today, after experiencing the new crown pneumonia epidemic, the business behavior models that people are familiar with are changing. In the changing situation, the traditional commercial space business model is rapidly shrinking, but human existence must be in the physical environment, and the new real-virtual experience model will definitely change the way of life. This is the creativity and challenge of this generation of design industry practitioners.

Balance of Interests of the State and the Copyright Holder in the Field of Intellectual Property for the Purposes of Competition Protection

The paper analyzes the balance of interests of the state and the copyright holder in the field of intellectual property for the purposes of competition protection. Having analyzed various measures of legal support by the state aimed at stable economic development through the prism of trust in the state and law, the author draws attention to «parallel imports.” The author also focuses on the possibility of limiting the protection of rights to intellectual property objects at the contract level due to the negotiating power of counterparties on whose sites production is located, which is similar to some Asian states. In the paper, the author analyzes the practice that took place before 2022 and compares it with the current state of ensuring the rights and legitimate interests of copyright holders. Summing up the study, the author believes that investment opportunities and trust for the state from both the society, representing the state, and national business and for foreign participants to international trade may be created through a solution that will allow the latter to fully realize their rights to intellectual property rights protection when resuming activities in the country.

Trust, institutional quality, and the protection of property rights: A cross‐regional study of East Asia and Western countries

AbstractObjectiveThis article explores the conditions under which social trust enhances institutional performance, specifically the protection of property rights in Western versus East Asian countries over time.MethodsWe estimate fixed‐effects panel regression models to test how the relationship between trust and property rights protection is moderated by the quality of political institutions, including state capacity, the legal system, and democracy.ResultsWe find that the relationship between social trust and property rights protection is contingent on the quality of political institutions across regions. The quality of the legal system exerts the most pronounced and contrasting effect on the link between social trust and property rights protection in Western and East Asian countries, while the conditional effects of state capacity and democracy are comparatively less pronounced in both regions.ConclusionThis study contributes valuable insights into the complex interplay between social trust and institutional outcomes in diverse societal contexts.