Non‑fungible tokens:a bubble or the end of an era of intellectual property rights

The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply.

Impacts of Changes in Structure of Rural Land Property Rights on Agricultural Performance

In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the different rights structures of the property rights system in different social and economic development stages,the land rights and interests enjoyed by rural economic subjects are different,and the degree of incentives for farmers is also different.This difference in incentives affects farmers investment in agricultural production factors,which in turn affects agricultural performance.This paper analyzes the incentive impacts of the structure of rural land property rights on the changes of farmers land rights and agricultural performance since the founding of the People s Republic of China,in order to further deepen the reform of the land system,protect the rights and interests of farmers,promote the modernization of agriculture and rural areas,and explore the realization form and operation mechanism of the rural collective land system in the new era.

Reform Paths of Rural Land Property Rights System in the Context of Agricultural Modernization

The reform of rural land property rights system can promote large-scale and intensive agricultural production,improve the quality of laborers,improve agricultural production efficiency,increase farmers'income,and effectively promote the development of agricultural modernization.In the context of the reform of the"separation of three powers",the rural land property rights system still has problems in terms of ownership,use rights,disposal rights,and income rights,which affect the healthy development of agricultural modernization.In this situation,it is necessary to further clarify the subject of rural land ownership,thoroughly improve the right to use rural land,vigorously improve the right to dispose of rural land,effectively protect the right to benefit from rural land,and deeply promote the reform of the rural land property rights system in order to effectively promote the development of agricultural modernization.

The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”

There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.

Inheritance,Innovation and Development of Wuling Mountain Area in Hubei Province Based on Intellectual Property Rights

Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks.Then,it analyzes the main problems in the protection and inheritance,innovation and development of intellectual property rights(IPRs).In addition,it discusses the strategy of inheritance,innovation and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization.Finally,it comes up with recommendations including carrying forward and inheriting folk literature and art,protecting traditional knowledge of traditional craftsmanship,inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,improving the protection and use of geographical indications,and strengthening the IPR protection.

The Impact of Changes of Property Rights on Farmland Use:An Empirical Study of China during Transition

In China, farmland property rights characterized by the household-responsibility system (HRS) have been improved since the reform and opening-up. The rights of use, transfer and gain become more stable, authorized and complete. This paper firstly analyzes the impact on farmland productivity, which comes from the improvement of farmland property rights. Then, an economet- ric model is built to test the above analysis. It concludes that changes of property rights will affect farmland performance in China. In the end, some policy implications are explored for fur- ther reforms.

Factors Affecting Enterprise Intellectual Property Rights

This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relationships among different factors by way of modeling,summarizes the superficial,shallow and deep reasons at different layers that affect enterprise intellectual property rights,and makes clear the correlation among all factors.

The Innovation and Plights of Farmland Property Rights System Reform in Chongqing Municipality

Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models of farmland property rights system reform in Chongqing are introduced by applying participatory rural appraisal methods and examples. The innovative models cover buying shares of contract management rights,transforming from farmers to townspeople and mortgaging contract management rights. The plights exist in the reform are analyzed,among which the plights of buying shares of contract management rights are introduced from the following five aspects:the conflict with the present land contract laws,the possible new round of massive scale land loses,the confounded functions of government and enterprise caused by risk transference and the difficulties of handling assets when the contract management rights expired. Besides,the plights of the transforming from rural residents to urban residents are analyzed from four aspects,which include the particularity of reform,high financial pressure,emergence of interbedded people and difficulties of payoff of village-based companies. From the facets of limited mortgage area,risks of reimbursing the loan,legal risks of mortgage. The results show that the stock purchasing model of contractual management rights reveals the capital value of land and the model is of theoretical and practical significance in law and economics. However,the social security system is not perfect,so the stock purchasing model of contractual management rights can not be expanded. In addition,the participation of more famers and the expansion of enterprises are limited as well. The land comprehensive reform model of transforming from rural residents to urban residents is of positive significance to the comprehensive exploration of farmland property system reform,but this kind of model should be supported by strong economy. The stock purchasing model of contractual management rights is of significance to perfect the contractual management rights,but it conflicts with the existing laws and financial systems.

Unit Environmental Property Rights: Efficiency, Responsibility and System

The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and duty of environmental property rights, and constructs a symmetrical system arrangement. Through analyzing the possibility and feasibility of unit environmental property rights, the significance of symmetrical system arrangement to avoid the inexplicit efficiency of environmental property rights is discussed in this dissertation from the aspect of the validity of offering and implementing system.

Justification and System Arrangement of Virtual Property Rights——Comments on Article No. 127 of General Provisions of the Civil Law

In the process of formulating the General Provisions of the Civil Law of P. R. China, the attribute of virtual property rights has changed from real rights to non-real rights. Article No. 127 thereof does not clarify the nature of virtual property rights after all, and the place where virtual property is put in the "Civil Rights" chapter of General Provisions of the Civil Law makes the concept even more complex and confusing. The "relationships paradigm" protection of virtual property does not have a definite classification criterion, nor stands opposite to the "rights paradigm." There are two different ways to justify the "theory of virtual property as a real right" under the "rights paradigm" protection, namely, essentialism and consequentialism. The former resulted from utilizing features in a demonstration and identifying disposal rights with real rights, while the latter resulted from adherence to the dichotomy system of property rights comprising real rights and creditor's rights. From the perspective of larceny in Criminal Law and virtual property insurance in The Social Insurance Law, the attribute of virtual property rights is irrelevant to creditor's rights. The attribute of virtual property rights shall be defined as virtual property rights so that it can be included in the system of civil rights. The uniqueness of virtual property is enough to become an object of emerging civil rights; intangible property rights as a superordinate theoretical concept cannot reflect the essence of virtual property rights. The legislative frame of virtual property rights shall be comprised of the subject, object, exercise, publication and change of the rights.

Game of Property Rights and System Change

Governments＇ protection and support are very important for rural enterprises during their birth and development. But, in fact, governments own the rights to control the operation of rural enterprises to a large extent. Govemments encourage and lead the reform of property rights of rural enterprises. Why governments are willing to give up vested interests, and actively promote the reform of property rights of rural enterprises？ This seems to be the key to explain the reform of property rights of rural enterprises. This paper puts forward the hypothesis, uses mathematical models and statistical analyses, and adopts relevant data to verify the needs of governments for fiscal targets, and the rationality of their behavior actively encourages and promotes reconstruction during the reform for maximizing their interests.

Property Rights, Institutions and Forest Resources Management in Developing Countries

The objective of this paper is to propose a conceptual framework stimulating the sustainable management of natural resources in Central Africa. Based on the forest resources, we show how good identification and allocation of property rights strengthen the joint management of forest resources. Cameroon is selected as an example, since the country represents one of the most forest-intense areas in Africa. In doing so, we first evaluate the performance of institutions in fostering sustainable forest management. Second we show how good elaboration and allocation of property rights may contribute to improving efficiency in forest management. Using the New Institutional Economic (NIE) theory we provide an outline of the potential relationships between forest management and property rights allocated to stakeholders involved in forest exploitation. Finally we provide two forms of institutional structures that could improve forest management efficiency: public-private partnership and multi-stakeholder management approaches. Public-private partnerships are joint project management processes operated by both private businesses and public entities in order to combine public prescriptive mechanisms with private operational roles. Multi-stakeholder management approach is also a co-management initiative combining public entities, private actors and local population to increase the involvement of local dwellers living in forest areas in the decision process.

Timberland Investing and Private Property Rights in the United States of America

Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.

Regulation or Property Rights： The Effect of China＇s Coal Mine Shutdown Policy on Work Safety

Since 1999, shutdown policy has been one of the most important industrial policies in China ＇S coal mining industry. There have been many controversies surrounding this policy and its effect on coal mine safety. This paper summarizes, analyzes and tests two contradicting views of the effects of shutdown policy on the mortality rate of township-and-village-owned coal mines. One view, or the regulative view, believes that shutdown policy induces firms to increase safety input, thus decreasing mortality. The opposing view, or the property rights view, argues that shutdown policy disturbs property rights stability and actually increases mortality. We built a simple theoretical model to analyze these contrasting rationales. The model uses the difference-in-difference method and provincial panel data from 1995 to 2005 to empirically test the policy＇s effects. Our findings are that shutdown policy significantly decreases output while also increasing mortality in township-and-village coal mines. This result is consistent with the property rights view.

The Establishment of Intellectual Property Rights

A common act taken by every innovation-oriented country is its protection for intellectual property. The main mission for establishing intellectual property rights is to normalize the rights and laws over its entire domain of jurisdiction. This article introduces the new concept of "intellectual-property-rights-ization", and discusses about the role and importance of this concept; a country that has normalized intellectual property rights are characterized by a people that realize the importance of intellectual property rights, a presence of a rule system that protects one 's intellectual property, an administration that regulates intellectual property rights, a specialization of labor in protecting IPR, and a strong education system.

A Cross-Border E-Commerce Intellectual Property Rights

As an intangible property right,intellectual property is a very important economic resource,which is of great significance for merchants to enter the international market.With the development of The Times,more and more merchants begin to look globally and enter the overseas market.In order to gain a foothold and develop in the international market where intellectual property rights are more strictly protected,intellectual property rights have important significance that cannot be ignored by all businesses.Writing significance:Taking NetEase Koala as an example to further understand the IPR protection of cross-border e-commerce.

Moral property rights and harmonious society

To build the harmonious society needs the effect of morality.There are various kinds of moral values.Moral values can be divided into proper ones and improper ones according to whether the social benefit is bigger than the social cost of the moral behavior.The former is helpful to the optimal allocation of resources and improve the formation of the harmonious society; while the latter is harmful to the optimal allocation of resource and bad to the formation of the harmonious society.The proper and scientist moral values include： sustainable development view on ecology,fair,just and win win view on morality,credibility,right view on rich and poor,right view on consumption and so on.To build the proper and scientific moral value,the more important way is building proper moral property rights institution by recognizing properly and constructing moral property rights besides legislation,setting up moral surroundings,valuing moral penetration,strengthening moral education etc.Harmonious society;Moral property rights;Moral value

Strengthening Protection Of Proprietary Intellectual Property Rights and Implementation of Technology Standard Strategies

This article focuses on the current situation in technical research and development （R＆D） and proprietary intellectual property rights （IPRs） in China. Based on the situation of Far East Cable Company, it analyzes the significance of strengthening the protection of proprietary IPRs and implementing a strategy for technology standards and then discusses the actual work and future arrangement of proprietary IPRs and technology standard strategies. It points out that the enhancement of proprietary IPRs protection and implementation of technology standard strategies is the only way for enterprises to remain competitive.

Impact of Sino-US Trade Agreement on Chinese Legal System about Intellectual Property Rights

On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington,which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation.This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details.The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law.