京都大学 / 0048 / 新制・課程博士 / 博士(経済学) / 甲第20875号 / 経博第570号 / 新制||経||284(附属図書館) / 京都大学大学院経済学研究科経済学専攻 / (主査)教授 柴田 章久, 教授 矢野 誠, 准教授 遊喜 一洋 / 学位規則第4条第1項該当 / Doctor of Economics / Kyoto University / DGAM

Intellectual products, scientific knowledge, information, professional, scientific, spiritual and cultural potential of the society today are the driving force behind economic growth, determine the competitiveness of production. This sets a strengthening of the role of intellectual property. The crucial role of intellectual assets in the global economy growth determined the choice of innovative strategy by Ukraine in the 21 stcentury. The important part of that strategy is the development of the national legal framework that includes adoption of the national laws and accession to international agreements that become part of the national legislation. The solution of the problem of forming an effective system of protection of intellectual property is a prerequisite for building a strong background for an innovative model of Ukraine’s development, its modernization, and the raising of its competitiveness in a global social-economic system, and consequently - creating jobs in new industries that could shape a 21st century global economy - an economy based on knowledge. The following thesis is a qualitative study about intellectual property protection and intended for Ukrainian companies and for students as information paper because there is differences between the old system in former Soviet and the European/US systems that has to be understood and business in Ukraine as well as researchers/inventors has to adjust to this different situations in order for companies to exploit the full potential of their innovations, part of this is by IP protection.

The purpose of this thesis is to examine the origins of the first women's rights convention held at Seneca Falls, NY during the summer of 1848. Taxation without representation was one of the foundations that the Continental Congress used as a basis for Independence from England. But when the revolution ended and the Republic was formed, the United States adopted many English laws and traditions regarding the status of women. Women, who were citizens or could be naturalized, were left civically invisible by the code of laws (coverture) once they married. They were not able to own property, form contracts, sue or be sued. In essence, they were "covered" by their husbands under coverture. Single women who owned property or inherited property were subject to taxation, though they had no voice in the elective franchise. Therefore, women, both married and single, who were counted for legislative purposes, were given no voice in choosing their government representatives. I conclude that there were three bases for women's rights: equity, Republican Motherhood, and women's organizations. The legal concept of equity, the domestic ideology of Republican Motherhood combined with the social model of women's organizations formed the earliest foundation of what would become the first feminist movement, leading directly to the Declaration of Sentiments at Seneca Falls in 1848. Through an analysis of the changes in women's property ownership to the enhancement of the female domestic role in the early nineteenth century, women challenged their place in the public sphere. The sisterhood that was created as a result of the new domestic ideology and improved female education led to the creation of organizations to improve women's place in society. Through an almost fifty year evolution, the earliest women's volunteer organizations became the mid-nineteenth century reform organizations, leading to a campaign for woman's suffrage.

This dissertation research aims to illuminate the interdependence of inimitability, competitive landscape, and the factors that bind them. Specifically, this study examines the antecedents and effectiveness of investments in inimitability within a historical context of innovation and competition in a mature sector, the global tire industry. The findings here contribute to our understanding of the complexity of inimitability that works for competitive advantage in light of the dynamics of competition in an industry as the adoption of innovation and intellectual property rights (IPR) protection continues to change. The contribution of this dissertation is two-fold. First, this dissertation highlights the dynamic nature of resource inimitability and protection. Although it is conventionally assumed that firms have strong incentives to protect valuable innovations with weak inimitability, this study shows that weak inimitability of a key resource does not necessarily trigger protection from imitation. Moreover, the link between resource inimitability and imitation protection is not static. When imitating a key resource would destroy the imitator’s other valuable resources, the key resource stays inimitable, and the owner firm of the resource does not engage in active protection. The findings of this study deepen our understanding of why firms choose not to invest in imitation protection and the timing when firms finally decide to deter imitation. This research aims to shift the resource-based view (RBV) toward a more dynamic and practical setting in which firms can delay their investment in inimitability and alter their protection strategy according to a newly emerged competitive landscape. Second, this dissertation reveals the strategic choice of emerging economy firms between innovation and imitation beyond global agreements of IPR protection. Formal IPRs under global agreements are a policy linchpin of the new global knowledge economy. However, while some emerging economy firms have successfully transitioned from imitation to innovation, others persist in imitation, sometimes resulting in IPR violations. To understand the divergent behaviors, this study follows design innovation in the global tire industry, uncovering patterns of IPR violations after the establishment of a global IPR protection standard. The findings show that the presence of “keystone organizations” in a national industry ecosystem matters because these organizations enforce innovation in the ecosystem. This study thus emphasizes the importance of linkages to keystone organizations as crucial elements supporting operations that comply with global IPR regulations. Policymakers are recommended to devise policy instruments to facilitate the growth of keystone organizations and their close alliances with embedded actors to build a critical mass of innovation capability and IP stocks. / Business Administration/Strategic Management

This study suggests that transfer of State forests to the local communities is the least cost policy option to improve prevailing deforestation problem in Nepal. However, there are few problems at operational, institutional, and policy levels, which are restricting community forest (CF) transformation. The critical review of seven representative case studies and modern forest policy of Nepal identifies following important issues in CF transformation in Nepal. They are low marginal flexibility, incomplete and uncertain property rights transfer, equity problem, specific demand adjustment problem, and inconsistent forest policy. This work recommends for amendment of modern CF policy guidelines to reduce CF transformation costs, increase present value of future returns, and reduce present value of enforcement costs. These amendments will be effective to improve prevailing CF work situation in Nepal. Availability / Master of Science

Yes / We investigate the relationship between intellectual property rights (IPR) and innovation, for a panel of 48 countries between 1998-2011. Prior empirical studies mainly focus on strength of patent regulations largely ignoring the enforcement of such laws in practice. We employ a new index that accounts for the enforcement related component of the patent system and the Ginarte and Park (1997) index of patent regulatory strength. We thus include two crucial elements of a national patent system, the de jure position relating to book law and IPR regulations, and the de facto position relating to IPR enforcement. We consider nonlinearities between IPR and innovation, and we find that both nonlinearities and the enforcement aspect are significant in explaining the relationship between innovation and IPR systems.

<p>Debate over Intellectual Property Rights ‘IPRs’ particularly patent and copyrights is mainly on forward-looking industries in computer software. As part of a trade deal reached in 1994, the member nations of the World Trade Organisation must adhere to a global agreement known as TRIPS, for the Trade- Related Aspect of Intellectual Property Rights.</p><p>This study is to analyse the ethical conception of Intellectual Property Rights and in particular its implications on the developing countries in relation to TRIPS. The approach will be to analyse a broad philosophical theories of property to see if there is any justification for a software program to be treated as private property and also argue base on John Rawls two principles of justice in relation to TRIPS Agreement. Some reflections will be put on the use of open-source software by less developing countries.</p><p>From the study it was asserted that, strong IPRs protection would hinder technological transfer and indigenous learning activities in the early stage of industrialisation when learning takes place through reverse engineering. And policy makers should consider differentiation in terms of the level of economic and industrial development, if protection and enforcement of IPRs is intended to enhance technological development.</p>

Debate over Intellectual Property Rights ‘IPRs’ particularly patent and copyrights is mainly on forward-looking industries in computer software. As part of a trade deal reached in 1994, the member nations of the World Trade Organisation must adhere to a global agreement known as TRIPS, for the Trade- Related Aspect of Intellectual Property Rights. This study is to analyse the ethical conception of Intellectual Property Rights and in particular its implications on the developing countries in relation to TRIPS. The approach will be to analyse a broad philosophical theories of property to see if there is any justification for a software program to be treated as private property and also argue base on John Rawls two principles of justice in relation to TRIPS Agreement. Some reflections will be put on the use of open-source software by less developing countries. From the study it was asserted that, strong IPRs protection would hinder technological transfer and indigenous learning activities in the early stage of industrialisation when learning takes place through reverse engineering. And policy makers should consider differentiation in terms of the level of economic and industrial development, if protection and enforcement of IPRs is intended to enhance technological development.

Techn. Univ., Diss.--Berlin, 2003.

The goal of this diploma thesis is to introduce the intellectual property rights protection in the member states of the World Trade Organization and the main agreement that regulates this area, i.e. Agreement on Trade-Related Aspects of Intellectual property Rights. The only discussed topic in the current round of negotiations are geographical indications and the creation of multilateral system for notifying and registering geographical indications for wines and spirits. Moreover, the thesis deals with the work of the TRIPS Council and several disputes related to TRIPS fulfillment.