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 relation...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.展开更多
Resorting to the immensely state-centric international legal system to regulate corporate human rights abuses is often viewed as inadequate.Among many proposals aiming at filling the international regulatory gaps,impo...Resorting to the immensely state-centric international legal system to regulate corporate human rights abuses is often viewed as inadequate.Among many proposals aiming at filling the international regulatory gaps,imposing international human rights obligations directly on corporations is a bold one,which,due to profound doctrinal and practical challenges,is yet to be materialized.However,state-owned enterprises(SOEs),given their prima facie''state-business nexus"that blurs the traditional public-private divide,might provide a renewed opportunity to push forward the"direct international corporate accountability^^campaign.This study investigates whether SOEs represent a golden chance for direct corporate accountability in the international legal regime.This study provides a legal analysis supported by case law,and by comparative and empirical research when appropriate.After providing a definitional account of SOEs,it examines the legal status of SOEs under international law.Then,in the reverse direction,it proceeds to explore if the state-business nexus of SOEs as non-state actors could render the argument toward direct international corporation accountability more convincing.Major findings reveal that SOEs,to a limited extent,represent a renewed opportunity to rethink direct corporate accountability under international law.展开更多
The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac＇s patent. This case was the preclude to the intellectual property rights （IPR） war of th...The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac＇s patent. This case was the preclude to the intellectual property rights （IPR） war of the internal enterprises. The process of this case was followed with great interest because it would influence the development of the hundreds of Mobile Storage enterprises in China. This paper is based on the brief review of the details of the case, the authors analyze the main legal issues covered by this case from the two aspects of the substantive and the procedural law, and reach the conclusions that the IPR strategy has gradually become the key to the IT enterprises in their intense market competition and that the concerned laws and regulations in China should be rectified and improved accordingly.展开更多
China ＂s state-owned banks have undergone radical changes over the past two decades, including partial privatization and listing in both the Hong Kong Stock Exchange and the Shanghai Stock Exchange. This paper evalua...China ＂s state-owned banks have undergone radical changes over the past two decades, including partial privatization and listing in both the Hong Kong Stock Exchange and the Shanghai Stock Exchange. This paper evaluates the effects of these changes by analyzing the efficiency of Chinese banks over the period 1998-2012 using two frontier techniques and comparative analysis. The findings suggest that the performance and technical efficiency of the Big Four banks improved considerably after property rights reform, but this improvement is not sufficient to keep the banks at the production frontier. Tobit regressions confirm that static ownership effects are negative but that the property rights reform has had significant and positive effects on the technical efficiency of state-owned commercial banks. GDP growth and the financial crisis have had positive effects on the efficiency of Chinese banks, which is more significant for joint stock commercial banks than state-owned commercial banks. The results indicate the value of ownership reforms of state-owned asset management companies and insurance companies and the establishment of a countercyclical capital buffer.展开更多
文摘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.
文摘Resorting to the immensely state-centric international legal system to regulate corporate human rights abuses is often viewed as inadequate.Among many proposals aiming at filling the international regulatory gaps,imposing international human rights obligations directly on corporations is a bold one,which,due to profound doctrinal and practical challenges,is yet to be materialized.However,state-owned enterprises(SOEs),given their prima facie''state-business nexus"that blurs the traditional public-private divide,might provide a renewed opportunity to push forward the"direct international corporate accountability^^campaign.This study investigates whether SOEs represent a golden chance for direct corporate accountability in the international legal regime.This study provides a legal analysis supported by case law,and by comparative and empirical research when appropriate.After providing a definitional account of SOEs,it examines the legal status of SOEs under international law.Then,in the reverse direction,it proceeds to explore if the state-business nexus of SOEs as non-state actors could render the argument toward direct international corporation accountability more convincing.Major findings reveal that SOEs,to a limited extent,represent a renewed opportunity to rethink direct corporate accountability under international law.
文摘The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac＇s patent. This case was the preclude to the intellectual property rights （IPR） war of the internal enterprises. The process of this case was followed with great interest because it would influence the development of the hundreds of Mobile Storage enterprises in China. This paper is based on the brief review of the details of the case, the authors analyze the main legal issues covered by this case from the two aspects of the substantive and the procedural law, and reach the conclusions that the IPR strategy has gradually become the key to the IT enterprises in their intense market competition and that the concerned laws and regulations in China should be rectified and improved accordingly.
基金the Fulbright program and "985" project for financial support
文摘China ＂s state-owned banks have undergone radical changes over the past two decades, including partial privatization and listing in both the Hong Kong Stock Exchange and the Shanghai Stock Exchange. This paper evaluates the effects of these changes by analyzing the efficiency of Chinese banks over the period 1998-2012 using two frontier techniques and comparative analysis. The findings suggest that the performance and technical efficiency of the Big Four banks improved considerably after property rights reform, but this improvement is not sufficient to keep the banks at the production frontier. Tobit regressions confirm that static ownership effects are negative but that the property rights reform has had significant and positive effects on the technical efficiency of state-owned commercial banks. GDP growth and the financial crisis have had positive effects on the efficiency of Chinese banks, which is more significant for joint stock commercial banks than state-owned commercial banks. The results indicate the value of ownership reforms of state-owned asset management companies and insurance companies and the establishment of a countercyclical capital buffer.
