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

The aim of this Master's Thesis is to explore, analyze and discuss of the role and position of the innovation policies' ecosystems, the role of incentives in general and particularly within the sphere of intellectual property rights (IPR). The paper consists of two key parts. Firstly, it discuss the role of innovation, justification of incentives and purpose of the IPR protection as the means of addressing market failures, which hinder the innovation process, especially for the small and medium enterprises. Secondly, analysis was conducted within the series of case studies, including Czech Republic, Finland, Germany, United States, China and India. The divergence of the list of countries should provide representative list of measures and incentives employed and utilized in various systems of Innovation governance. Overall findings are compared with the system in the Czech Republic in order to provide prospects for the potential adjustments.

Yes / This study examines the governance attributes of post-IPO (initial public offering) retained ownership of private equity in business group constituent firms in contrast to their unaffiliated counterparts, in 202 newly listed firms in 22 emerging African economies. We adopt an actor centered institutional-theoretic perspective in rationalizing institutional voids and the advantages of maintained governance by both business angels (BA) and venture capital (VC) private equity. Our findings reveal private equity retain higher post-IPO ownership in business group constituents compared to unaffiliated firms and that this is inversely moderated in the context of improving institutional quality – where this is particularly strong in case of foreign VC as opposed to domestic VC or BA. Our result adds to the literature on multifocal corporate governance mechanisms and the institutional determinants of private equity investment.

This thesis aims to examine the intellectual property regimes in the Gulf Co-operation Council (GCC) states and assess the relationships between legislation, enforcement mechanisms and sharia law. The GCC states, currently Bahrain, Oman, Kuwait, Saudi Arabia, UAE and Qatar, all have varied mechanisms in place for both the implementation and enforcement of intellectual property rights. The thesis pays close attention to the evolution of intellectual property laws and regulations in the GCC states with particular interest directed towards the development of national intellectual property laws within the GCC states from the 1970’s onwards1. Intellectual property protection in the GCC states is considered from two perspectives. The first perspective addresses the international demand for higher standards of intellectual property protection in the GCC states. The second perspective defines intellectual property within the laws of Islam and explores the relationship between Islam and intellectual property. The latter part analyses religious influence, societal and cultural norms, economic reality and the developmental stage of each GCC state. It is an important area of study as developing Muslim countries are struggling with meeting international standards and a successful integrated framework will impact not only on GCC states but other Islamic states and as a result could potentially lead to more informed negotiation in trade agreements with developed states. The research argues there are systematic flaws in the GCC states adopting intellectual property laws which are in essence a procrustean modification of foreign laws which have developed from colonial occupation or laws taken from donor countries. The GCC legal systems of the states have evolved utilising different sets of legal principles and therefore it could be argued the foreign laws that have been adopted are somewhat unsuitable for the GCC states. The research has focused on the implications of the national and international legislative regimes on the protection of intellectual property rights on the GCC states. Consideration is given to compliance, mainly how compliant the GCC is to its World Trade Organisation (WTO) membership and Trade Related Intellectual Property Rights (TRIP’s) Agreement and to what extent the European Union (EU) and the United States (US) influence the intellectual property protection regimes in the GCC. The research has examined the development of the GCC in three distinct stages; pre-TRIPS, TRIPS compliance stage and TRIPS plus. Furthermore, the thesis argues that the somewhat simplistic formula of the GCC states passing a large number of intellectual property laws to appease the EU and US does not have the significant economic impact on the GCC economy as the international agreements would suggest. Not all trade is intellectual property related and not all foreign direct investment is contingent upon intellectual property protection. However, as the GCC states are largely oil dependent, they do need to diversify their trade and as such an intellectual property protection model that accounts for international intellectual property law and the bespoke cultural and religious views amongst GCC citizens can produce tangible results for both the GCC and its trading partners. What sets the research apart from previous research is two-fold. Firstly, the research is qualitative and has scratched beneath the surface of intellectual property law in the GCC and examined in detail the Islamic law principles that have been used to justify sharia compliance, the western perspective on international intellectual property and the impact of multilateral trade agreements. Secondly, the analysis of Islamic finance and the application of successful sharia compliant models in Islamic finance to intellectual property is innovative as it acts as a springboard to creating a modified sharia compliant intellectual property protection model. Finally, the thesis will conclude by making a series of recommendations to develop an integrated approach to intellectual property rights which takes into account; the structure of the GCC states, international agreements and pressures, the international institutions, Islamic finance and both societal and religious views.

政府辦理區段徵收希望帶動新社區的繁榮，達成都市整體發展，取得公共設施用地及節省龐大建設經費支出等之目標，而地主希望藉由政府的開發行為，享有土地利用價值提高、公共設施完善等好處，然而所謂的公私互蒙其利，共創政府與民眾雙贏的開發方式，卻仍常產生地主為了財產權保障抗爭之情形而導致區段徵收作業延宕，因此，本研究以高鐵新竹車站特定區區段徵收案為例，針對地主選擇行為進行探討，透過群落分析歸類地主選配抵價地的型態，經由因子分析找出影響選配抵價地行為之因子，最後藉由羅吉特建立地主選配抵價地模型，希望可以提供政府部門及地主在選配抵價地之參考。研究結果如下： 一、 透過群落分析，予以歸類分析，劃分易於解釋的分配類型，可獲得二個群組四個方案，由此可瞭解地主選配抵價地型態。 二、 參與抵價地配地作業以男性地主居多，以年齡層多集中於中年左右，受訪地主多為已婚；受訪地主針對各項選配抵價地之影響因素均表示影響程度上都是以影響很大為居多，其中受訪地主多數認為使用分區類別、面前街道寬度、鄰近嫌惡設施程度、坵塊形狀、街廓評議地價高低等因素對於選配抵價地影響很大，又以鄰近嫌惡設施程度為居高。 三、 經由研究得知目前政府提供予地主之資訊管道不足或宣傳不周，對於整體區段徵收作業仍需加強與地主資訊的傳遞，以及充分公開整體計畫內容。 四、 部份地主不太滿意先抽籤再選配街廓的抵價地配地作業方式，其原因有主要為因籤號先後導致無法選配期望街廓佔多數，其次為權利價值較小者可能無法選配街廓，而需再與他人合併分配。 五、 建構八種類型之二項羅吉特模式，並透過AIC及SC值找出能力較佳的群組方案，由方案中得知地主多數還是以居住適宜性及小規模開發為主要。 六、 由二項羅吉特模式實證結果顯示，模型共通變數為土地變數的使用分區類別、基地最小開發規模訂定、鄰近嫌惡設施程度、緊臨遊憩設施狀況、坵塊座向，以及地主行為變數面前街道寬度影響程度、鄰近嫌惡設施影響程度、區段徵收前土地座落位置影響程度、性別、學歷、職業等等，均顯著影響地主選配抵價地之行為。 / Zone-expropriation by government hopes to achieve these targets like exciting new community's prosperity, achieving the overall development of the new city, accessing the public facilities and saving huge expenditures. By the government's development activities, the landlords enjoy the benefits of increased value of land and good public facilities. Handling Zone expropriation creates a win-win situation between the Government and the landlords. However, in the process of Zone-expropriation often generate opposition of landowners to protect their property rights which led to delays in Zone-expropriation operations. Therefore, this study of THSR (Taiwan High Speed Rail) Hsinchu Station Zone- expropriation as an example and discuss the landowner’s choice behavior. Through cluster analysis classified the landowner’s choice behavior. And by factor analysis to identify the major factors of landlord’s choice behavior. Finally by Logit modeling the landlord model hopes to provide some valuable suggestions for government. The study results are as follows: 1. Through cluster analysis, the study classified and divided into two groups that are easy to explain. The two groups contain four plans each and they can explain the landlord’s choice behavior. 2. Landlords of participation of Zone-expropriation are mostly male with age around 40 to 60 years old. These mostly married landlords think these are the major factors, the use of zoning category, the street width, the neighboring facilities, the shape of street block, the value of street blocks. The neighboring facilities rank the top 1 factor. 3. Through the research shows that government lacks of information or promotional channels. Government should improve the communication with landlords and fully disclosed the contents of the overall Zone-expropriation plan. 4. Landowners are not satisfied by the flow of ballot at first and then land choosing. The major reason is landlords can not choose the expected lands after ballot. And the second reason is the land loads with smaller land value can not choose street blocks unless they combine with other landlords’ land value and choose the expected land. 5. In the study, construction of eight types of models from two of Logit modeling, through the AIC and SC values come out the better group and plan. It shows the better plan is the small-scale residential development and good environment for the most landlords. 6. By the empirical results from Logit model show that model common variables are the land use zoning category, the base size of the minimum development, near the level of aversion facilities, recreational facilities close to the zone, street block location, the width of the street, the impact of land location before zone expropriation, gender, education, occupation, etc. They are significantly affected the selection behavior of land choice.