In this thesis I explore two factors that impose constraints for external finance of firms in Emerging market, the lack of property rights protection and the absence of political connections. I demonstrates that strengthening of property rights protection and sustaining tighter political connection is beneficial for firms external finance.

All western states today define themselves as nation-states, and all of these states have a political and economic structure in which an individual’s right to own private property is an underlying and pervasive feature. Drawing on examples from the historical trajectories of the US and Norway between ca 1760 and 1880, this dissertation explores the development of nation-states and the role of private property rights in this development. I demonstrate the fundamental role both of the idea of private property for the ideology of nationalism, and of the significance of a particular kind of property regime (widespread landowning) for the emergence and development of nationalism as historical phenomena. The evidence on which this dissertation relies has been extracted from historical documents consisting primarily of political pamphlets and speeches. The documents are chosen from what we can call “the national movement” e.g. dominant public debaters, policymakers and agitators. To compliment and contextualize my documentary analysis I have drawn on a range of secondary literature on social, historical and economic developments. The analysis has sought to unravel nationalism as an emerging historical phenomena in each of the cases investigated by focusing on authorial meaning in specific historical contexts. The core concept of nationalism has been arrived at by continuously comparing the developments in the US and Norway. The main points that this dissertation make are that it was the emergence of more widespread smallholding of land that was one of the most decisive preconditions for the emergence of nationalism in the US and Norway. Furthermore, this dissertation suggest that widespread ownership of land resulted in the emergence of a form of nationalism in which ownership of landed property was crucial because it became tied up with the idea of national popular sovereignty. Put in a simplified way: sovereignty was popular because property was popular (widespread). This connection was made mainly on the one hand from the real historical tie between ownership of land, juridical sovereignty and political powers, and on the other hand from the more conceptual similarity between property rights or ownership and sovereignty. I have identified two forms of nationalism based on the way that property was understood in the national ideology. The first form of the nation describes the agrarian phase of nationalism where it was real landed property that was seen to be crucial for the creation of national sovereignty. The second form of the nation describes a form of industrial nationalism. With the coming of industrial property and the expansion of wage labour, landed property lost its significance, and instead the right to the fruits of one’s labour was understood as the most important part of the property right. I have called this a shift from land to labour, or a transvaluation of property. This property rights perspective on nationalism in the US and Norway contributes to a new understanding of nationalism not only in these places but perhaps also in the western world in general. The development in the US and Norway can be seen in the wider context of the decline of feudalism and absolutism and the emergence of democratic, industrial societies in the western world. The landed, agrarian form of nationalism might in effect be a ‘missing link’ between pre- or proto-national forms of society (feudal, religious, absolutist, mercantilist, etc.), and the fully modern industrial form identified for example by Ernest Gellner. It is the connection between property (from land to labour) and sovereignty that unites them.

48 pages / Policy on the parallel imports of medicines is being debated currently in Korea. This paper looks at several countries' trends, the Trade-Related Aspects of Intellectual Property Rights Agreement, and the Korean golf market to search for policy ideas. A simple consumer welfare benefit-cost and sensitivity analysis shows that parallel imports give not only consumers' surplus on parallel imported golf clubs, but also a much larger consumers' surplus on authorized brand versions.This paper makes the following recommendations: First, parallel imports should be permitted according to the principle of free trade, if the cost of parallel imports to the country is not much larger than the benefit. Second, even if parallel impmts are pem1itted, some exceptional cases should be allowed where international exhaustion is problematic. Third, governmental intervention, a clear labeling system, for example, is required to protect consumers, and help consumers make rational choices. / Note: This digital copy was scanned from a personal copy, and contains some underlining and marginalia.

Thomas Pogge proposes the Health Impact Fund (HIF) as a realistic, feasible reform to the pharmaceutical patent regime that would incentivize pharmaceutical research and reward innovation for medicines based on their impact on the global burden of disease. Pogge advances a human rights-based argument to show that the HIF is a morally required addition to the current pharmaceutical patent regime. One objection to his human rights argument comes from a libertarian appeal to property rights. Pogge’s response to the libertarian leads to the counterintuitive conclusion that libertarianism is incompatible with any system of intellectual property rights. This paper will show how Pogge fails to distinguish between what I call status quo and revisionist libertarian positions on intellectual property. Making this distinction, I maintain, would strengthen the human rights argument and allow Pogge to avoid the counterintuitive conclusion of his response to the libertarian.

Intellectual property rights (IPR) have become a major problem in the relationship between the industrialized West and the developing South, primarily because the West demands that developing countries adopt and enforce Western IPR. Since the relationship between US corporations and Chinese businesses is among the most successful and at the center of the current process of globalization, IPR have been a major cause of conflict and controversy between them and serve as an exemplar for this thesis. I argue, first, that the reason that a large number of Chinese businesses, especially privately-owned small and medium-sized enterprises, infringe foreign IPR lies in the nature of the difference between what have been mostly low-tech traditional Chinese businesses and high-tech industrial economies, to which intellectual property laws belong. Second, I demonstrate that the steady improvement of intellectual property protection in the more successful areas of development in the Chinese economy suggests that the solution for improved IPR protection in China and perhaps other emerging nations will follow, not precede, the development and transformation of a low-tech pre-industrial economy into an industrial high-tech economy.

The economy of Taiwan grows fast in the last few years. The traditional industry moves overseas because of the factors of the cost, environment issue...etc. Moreover, people want better quality of living that makes the technology and the high-technology industry of Taiwan improve fast. In the past, the tradition industry focuses on visible property, for example: land, factory buildings and machines. The high-technology industry emphasizes the property that is invisible called ¡§Intellectual Property Rights¡¨. It is included interary property rights, patent rights, trademark right, opening secrets, and IC. It not only supports the development of the high-technology and competition in marketing but also brings in a large amount of license fees. On the other hand, compare with other industries, the environment of the computer software industry is different from others¡¦ so that it has to face different problems. However, the copies of the computer software prevail nowadays. How to protect computer software has been an important issue. Therefore, the companies of the computer software industry have to increase their own competition ability and even stop their opponents to enter the markets. It is necessary to acquire the computer software patent. The way to acquire the patent of the software depends on the quality of the technique and knowing the patent law opinions of the patent examiners and how they examine the patent applications. There is a probe into the opinion of the patent examination system to software patent in this article and the way of gathering and analyzing real cases is used. In conclusion, computer software patent is¡¨ a technique of using computer software¡¨. It is an invention that fit the patent laws of our country and the rules of examination of patent. The techniques of computer software inventions combine the business models and the related techniques of computer software. Therefore, In this article, the related law rules of intellectual property rights, the allowed computer software patents and the related documents about computer software are standers for patent protection. Those are the basic reference materials that provide related industries ways of protection after computer software invented. Hopefully, the research can clear out the related problems that the computer software applicants might face.

Firstly, this Study focuses on ¡§Border Measures¡¨ in World Trade Organization¡]WTO¡^Agreement on Trade-related Aspects of Intellectual Property Rights¡]TRIPS¡^and in World Customs Organization¡]WCO¡^¡§Model Legislation¡¨. These two measures appear to form the backbone of China Intellectual Property Rights¡]IPR¡^ border protection for the time being. Other reasons for China Customs to implement IPR protection are U.S-China IPR MOUs. Secondly, after this explanatory study on China Customs¡¦ border measures, we find some structural problems existing in PRC¡¦s¡]People¡¦s Republic of China¡^General Administration of Customs¡]GAC¡^ that IPR infringements couldn¡¦t be eliminated at all. Owing to the PRC¡¦s special political-economic conditions, China Customs¡¦ IPR border measures cannot achieve the international standard. They cannot effectively limit the import/export of infringements or counterfeit goods. In their enactment as well as in enforcement of IPR border measures, China Customs still has a long way to go.

This is a study on the compliance of China to the World Trade Organization¡¦s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) before and after China¡¦s accession to WTO. The study on pre-accession period focuses on the enactment of China¡¦s patent, copyright and trademark laws in the light of the provisions of the TRIPS Agreement. It also focuses China¡¦s adoption, revisions and amendments of the constitution, administrative, criminal, civil, judicial, and legal professional laws and procedures to make enforcements of the intellectual property rights law effective. It likewise shows how the enactment of these laws consistent with the TRIPS Agreement is contributing to the development of the institutions of private property and the rule of law. The result shows that while the pre-accession to WTO would indicate China¡¦s substantial compliance to the TRIPS Agreement, it also focuses on some weaknesses in the laws on the determination of what violation would constitute a criminal act. This problem would manifest later after accession. The post-accession period sharply focuses on the performance of China in the enforcement of their obligations under the TRIPS regime after 2001. The assessment of China¡¦s performance in enforcement focuses on the infringement cases, the complaints filed against China before the dispute settlement mechanisms of WTO, and the multilateral and bilateral reviews on China¡¦s laws and enforcement effort after its accession to WTO. The result shows the over-reliance of China on the administrative rather than the judicial remedies in its internal enforcement effort which resulted in the weak performance of infringement deterrence. The result also notes the shift from the reliance on internal to external measures in the enforcement of intellectual property rights by the trading partners headed by US. The result of the study which shows continuing reforms in the intellectual, civil, criminal and administrative laws after WTO accession to precisely address the issues raised against China in its enforcement effort is an indication of China¡¦s willingness to play by the international rules. While the reforms have not been met with optimism, the WTO¡¦s TRIPS regime provides a sufficient mechanism to deal with China¡¦s TRIPS violations, and more importantly China is positively responding to it.

China¡¦s IPR problem has been an important issue since 1979, and particularly so when competition between China and U.S for power and interest. The Chinese government directed several IPR policies which have had low efficiency. This research analyses the policy-making, the implementation, the feedback, and the adaptation of China¡¦s IPR policies by using system theory and public policy theory. Another focus of this research is to demonstrate China¡¦s problems in effect of internal and external influences. The research found that the formulation of China¡¦s IPR policies is deeply affected by internal and external factors, and the effect factor of implementation process in China is almostly the most important one, among the factors.

Diss. Uppsala : Sveriges lantbruksuniv., 2003.