The abuse of intellectual property rights and regulations in China: a law and economic analysis

From the institutional point of view, the legal system of IPR (intellectual property right, hereafter, IPR) is one of incentive institutions of innovation and it plays very important role in the development of economy. According to the law, the owner of the IPR enjoy a kind of exclusive right to use his IP(intellectual property, hereafter, IP), in other words, he enjoys a kind of legal monopoly position in the market. How to well protect the IPR and at the same time to regulate the abuse of IPR is very interested topic in this knowledge-orientated market and it is the basic research question in this dissertation. In this paper, by way of comparing study and by way of law and economic analyses, and based on the Austrian Economics School’s theories, the writer claims that there is no any contradiction between the IPR and competition law. However, in this new economy (high-technology industries), there is really probability of the owner of IPR to abuse his dominant position. And with the characteristics of the new economy, such as, the high rates of innovation, “instant scalability”, network externality and lock-in effects, the IPR “will vest the dominant undertakings with the power not just to monopolize the market but to shift such power from one market to another, to create strong barriers to enter and, in so doing, granting the perpetuation of such dominance for quite a long time.”1 Therefore, in order to keep the order of market, to vitalize the competition and innovation, and to benefit the customer, in EU and US, it is common ways to apply the competition law to regulate the IPR abuse. In Austrian Economic School perspective, especially the Schumpeterian theories, the innovation/competition/monopoly and entrepreneurship are inter-correlated, therefore, we should apply the dynamic antitrust model based on the AES theories to analysis the relationship between the IPR and competition law. China is still a developing country with relative not so high ability of innovation. Therefore, at present, to protect the IPR and to make good use of the incentive mechanism of IPR legal system is the first important task for Chinese government to do. However, according to the investigation reports,2 based on their IPR advantage and capital advantage, some multinational companies really obtained the dominant or monopoly market position in some aspects of some industries, and there are some IPR abuses conducted by such multinational companies. And then, the Chinese government should be paying close attention to regulate any IPR abuse. However, how to effectively regulate the IPR abuse by way of competition law in Chinese situation, from the law and economic theories’ perspective, from the legislation perspective, and from the judicial practice perspective, there is a long way for China to go!

The Law and Economics of Eco-labels

Eco-labels and certification are one of the many environmental policy tools that have been under scrutiny in recent years. This is because the damages of environmental degradation are becoming more apparent over time. Hence there is a pressure to come up with tools that help solve even small parts of the problem. Eco-labels have been around for over 30 years. However the market, the environment and eco-labels have changed drastically during this period. Moreover, in the last 5 years there has been a sudden increase in eco-labels making them more visible in the market and to the average consumer. All this has made evident that little is known about the effectiveness of eco-labels as environmental policy tools. Hence, there is a call to find answers regarding the actual effects of eco-labels on the market and on the environment. While this work cannot address whether eco-labels have an environmental impact it addresses the effects of eco-labels on the markets. Moreover, this work aimed to find the role of law in eco-labelling. In addition, it aims to find a legal solution that would improve the performance of eco-labelling and certification.

Another Way of Saying Enough: Environmental Concern and Popular Mobilization in Kyrgyzstan

This article is a foray into the understudied issue of environmental protest politics in Central Asia. Specifically, it uses Kyrgyzstan as a case study to test the argument that environmental concerns mobilized people to engage in protest and in ways different from other kinds of protest. This essay presents the first systematic study of public opinion about the environment in Kyrgyzstan. It includes results from a 2009 nationwide survey, over 100 expert and elite interviews, and newspaper content analysis. Furthermore, it spatially analyzes these results to identify geographical variation in public perception and political event occurrence patterns. Protest engagement is a complex process determined by the interaction of several factors, and is not explained solely by affluence, rationality, or grievances. Eco-mobilization - collective political action about the environment - represents a class of protest events that offers a different view into mass discontent in the former Soviet Union and neo-patrimonial societies. The study finds that these political actions about the environment are not necessarily elite driven; there is a basic foundation of national concern and salience of these issues, and demonstrated environmental beliefs do help to explain protest behavior.

An Institutional Analysis of Environmental Pollution Disputes in Taiwan: Cases of 'Self-Relief'

During the late 1980s and early 1990s in Taiwan, people's protests against environmental pollution often took the form of "self-relief," meaning that they attempted to fight polluters using their own resources, without relying on legal or administrative procedures. Why did such an extreme form of disputes become so widespread? What institutional changes did these movements bring about? These questions are analyzed using the analytical framework of "law and economics." Our research shows that "self-relief" functioned to a certain extent as a means of realizing quick compensation for victims, and for reflecting the opinions of local people concerning development projects; in addition, it served to promote the formulation of law and administrative systems. However, as it was based on direct negotiations between the parties concerned, the outcome of each dispute only reflected the transient balance of forces, and the experience gained in negotiations was not accumulated as a social norm.

Impact of product-related environmental regulations / voluntary requirements on Thai firms

The rules governing the trade of goods in global markets have shifted toward non-tariff measures related to environmental and chemical safety. Unlike traditional environmental/safety requirements, the scope of modern regulations covers products’ environmental performance and chemical safety. To comply with these modern regulations, production practices along the entire supply chain must be realigned to manage certain chemical substances incorporated into the final product. This paper examines the implications of product-related environmental and chemical safety regulations on different firms operating in Thailand.

The optimal allocation rule and the water market as the most effective tools of managing water shortage in an irrigation district

The conference program will cover all areas of environmental and resource economics, ranging from topics prevailing in the general debate, such as climate change, energy sources, water management and ecosystem services evaluation, to more specialized subjects such as biodiversity conservation or persistent organic pollutants. The congress will be held on the Faculty of Economics of the University of Girona, located in Montilivi, a city quarter situated just few minutes from the city center, conveniently connected by bus lines L8 and L11.

The Life of Crimmigration Law

This short essay introduces a collection of articles that arose from the Denver University Law Review’s symposium Crimmigration: Crossing the Border Between Criminal Law and Immigration Law, held in February 2015 at the University of Denver Sturm College of Law. The essay borrows heavily from the Epilogue to my book Crimmigration Law.

The Rueter-Hess Dam and Reservoir Project: A Question of Sustainable Water

Water in sufficient quantities throughout the Colorado Front Range is becoming increasingly limited. This paper examines the consequences for continued unsustainable use of water for communities of the Denver metropolitan area. This paper also looks at the effect that water law in the West has for otherwise optimum distributions of water. In addition, four regional and state water studies are reviewed for their contribution to sustainable water. Finally, the Final Environmental Impact Statement of the Rueter-Hess dam and reservoir project in Parker, Colorado is explored. Key findings conclude that the Rueter-Hess project may not, by itself, provide sustainable water for Parker; but the project will create incentive and opportunity for communities throughout the region to address the question of sustainable water.

Response of Catch-Per-Unit-Effort to Spatial and Environmental Factors: an Exploratory Data Analysis Using Generalized Additive Models

Understanding spatial distributions and how environmental conditions influence catch-per-unit-effort (CPUE) is important for increased fishing efficiency and sustainable fisheries management. This study investigated the relationship between CPUE, spatial factors, temperature, and depth using generalized additive models. Combinations of factors, and not one single factor, were frequently included in the best model. Parameters which best described CPUE varied by geographic region. The amount of variance, or deviance, explained by the best models ranged from a low of 29% (halibut, Charlotte region) to a high of 94% (sablefish, Charlotte region). Depth, latitude, and longitude influenced most species in several regions. On the broad geographic scale, depth was associated with CPUE for every species, except dogfish. Latitude and longitude influenced most species, except halibut (Areas 4 A/D), sablefish, and cod. Temperature was important for describing distributions of halibut in Alaska, arrowtooth flounder in British Columbia, dogfish, Alaska skate, and Aleutian skate. The species-habitat relationships revealed in this study can be used to create improved fishing and management strategies.

The energy and environmental consequences of increased vehicle size and weight - volume I - final report.

Transportation Department, Research and Special Programs Administration, Washington, D.C.

The Nicaragua Canal. Is the Assessment in line with National Environmental Law?

In 2013, the Government of Nicaragua approved the concession for a 173-mile canal to the Hong Kong Nicaragua Canal Development Investment Group. As the Western Hemisphere's second poorest nation, Nicaragua is attracted the promises of economic growth that may come as a result of the Canal Project. However, potential economic benefits may be offset by environmental and social damages that would likely occur as a result of the project. The Canal would bisect 16 watersheds, 15 protected areas, and 25 percent of Nicaragua’s rainforest, which would have high impacts on biodiversity, watershed services, and indigenous communities. In 1996, Law No. 217 was enacted to standardize the use and conservation of the environment and natural resources of Nicaragua. My research compares the Environmental and Social Impact Assessment of the Nicaragua Canal to the Environmental provisions of Law No. 217. This analysis can help understand the legal viability of the ESIA under Nicaragua environmental laws.