In order to promote the development of the mineral industry in their countries,Tanzania and Uganda have revised their mining acts in recent years,and the reform of the mineral rights licensing system is one of the key...In order to promote the development of the mineral industry in their countries,Tanzania and Uganda have revised their mining acts in recent years,and the reform of the mineral rights licensing system is one of the key points.This paper is intended to make a comparative analysis of the two countries’mineral rights licensing systems in terms of the main body of approval,approval time,approval information,approval conditions and application fees.Through comparison,it can be seen that the two countries focus on the role of the government in the mineral rights licensing,jurisdiction is more centralized,access system is fairer,the review is more stringent,and the provisions are clearer and more concise.On the whole,Tanzania’s mineral rights licensing system is more detailed and standardized than Uganda’s,and is more operational in practice.In addition to exploring the advantages of the two countries’mineral rights licensing system,this paper also summarizes and analyzes the shortcomings of the two countries’mineral rights licensing system,how to verify the review of information in the two countries’mineral rights licensing system,how to effectively supervise the activities after licensing,and how to continue to deepen the reform of the two countries’ministries of mines and minerals,which are responsible for the important task of strengthening the administrative capacity and improving the efficiency of the administration,is still an important issue that deserves continuous and in-depth study for the two countries.For both countries,this is still a topic that deserves continuous and in-depth research.Through the comparative analysis of the Tanzanian and Ugandan mineral rights licensing systems,this paper clearly demonstrates the similarities and differences between the two systems as well as their advantages and disadvantages,which can provide decision-making references for relevant mining investments and help investors more comprehensively assess the legal environment,policy risks and operating costs of mining development in the two countries,so as to optimize their investment strategies and reduce compliance risks.展开更多
Objective:To evaluate the accuracy and parsing ability of GPT 4.0 for Japanese medical practitioner qualification examinations in a multidimensional way to investigate its response accuracy and comprehensiveness to me...Objective:To evaluate the accuracy and parsing ability of GPT 4.0 for Japanese medical practitioner qualification examinations in a multidimensional way to investigate its response accuracy and comprehensiveness to medical knowledge.Methods:We evaluated the performance of the GPT 4.0 on Japanese Medical Licensing Examination(JMLE)questions(2021–2023).Questions are categorized by difficulty and type,with distinctions between general and clinical parts,as well as between single-choice(MCQ1)and multiple-choice(MCQ2)questions.Difficulty levels were determined on the basis of correct rates provided by the JMLE Preparatory School.The accuracy and quality of the GPT 4.0 responses were analyzed via an improved Global Qualily Scale(GQS)scores,considering both the chosen options and the accompanying analysis.Descriptive statistics and Pearson Chi-square tests were used to examine performance across exam years,question difficulty,type,and choice.GPT 4.0 ability was evaluated via the GQS,with comparisons made via the Mann-Whitney U or Kruskal-Wallis test.Results:The correct response rate and parsing ability of the GPT4.0 to the JMLE questions reached the qualification level(80.4%).In terms of the accuracy of the GPT4.0 response to the JMLE,we found significant differences in accuracy across both difficulty levels and option types.According to the GQS scores for the GPT 4.0 responses to all the JMLE questions,the performance of the questionnaire varied according to year and choice type.Conclusion:GTP4.0 performs well in providing basic support in medical education and medical research,but it also needs to input a large amount of medical-related data to train its model and improve the accuracy of its medical knowledge output.Further integration of ChatGPT with the medical field could open new opportunities for medicine.展开更多
This paper primarily focuses on two problems which aim at improving the results of the recent work of Yi S.S.(Yi S.S., Entry, licensing and research joint ventures, International Journal of Industrial Organization, ...This paper primarily focuses on two problems which aim at improving the results of the recent work of Yi S.S.(Yi S.S., Entry, licensing and research joint ventures, International Journal of Industrial Organization, 1999,17:1 24).Firstyly, two improper viewpoints are pointed out and rectified. Under his model, Yi argued that the potential entrants can be better off or worse off under the incumbent firm's strategic use of ex post licensing policy, but it is shown in this paper that the strategic licensing undoubtedly reduces the entrants'expected payoffs. Yi also noted wrongly that industry profit is a convex function of the number of firms in the product market by the Cournot oligopoly with a linear demand and constant marginal costs. However, in this paper it is demonstrated that industry profit in such a market is a concave convex function of the number of firms. Secondly, a thorough study of the optimal licensing policy for the incumbent is made on the basis of the correction of the second error. Necessary and sufficient conditions under which the incumbent will choose ex post licensing, ex ante licensing of one entrant or ex ante licensing of both extrants are given.展开更多
In this paper,the background,principles,and main contents of the rules for the examination of production licenses of foods for special medical purposes are introduced.The contents including general rules,production si...In this paper,the background,principles,and main contents of the rules for the examination of production licenses of foods for special medical purposes are introduced.The contents including general rules,production sites,equipment facilities,equipment layout,technological process,personnel management,management system and supplementary rules are interpreted item by item.This study has important value and historical significance for promoting the development of Chinese enterprises and industries of foods for special medical purposes.展开更多
Media Commerce is now becoming a new trend which results fr om faster development of network bandwidth and high availability of multimedia t echnologies, how to protect media content from being used in a right-violat...Media Commerce is now becoming a new trend which results fr om faster development of network bandwidth and high availability of multimedia t echnologies, how to protect media content from being used in a right-violated w ay is one of most important issues to take into account. In this paper, a novel and efficient authorization and authentication Digital Rights Management (DRM) s chema is proposed firstly for secure multimedia delivery, then based on the sche ma, a real-time digital signature algorithm built on Elliptic Curve Cryptograph y (ECC) is adopted for fast authentication and verification of licensing managem ent, thus secure multimedia delivery via TCP/RTP can efficiently work with real -time transaction response and high Quality of Service (QoS) . Performance eval uations manifest the proposed schema is secure, available for real-time media s tream authentication and authorization without much effected of QoS. The propose d schema is not only available for Client/Server media service but can be easily extended to P2P and broadcasting network for trusted rights management.展开更多
This paper studies the licensing of a brand innovation to a monopoly in an uncovered market characterized by a logit demand framework. The innovator is an outsider to the market and sells the license via fixed-fee, ro...This paper studies the licensing of a brand innovation to a monopoly in an uncovered market characterized by a logit demand framework. The innovator is an outsider to the market and sells the license via fixed-fee, royalty or their combinations. It is shown that the license occurs irrespective of whether the utility of the new brand is improved or not, and that the optimal licensing policy for the innovator is fixed-fee only. Ultimately, the monopoly produces both the old and the new brand products, even in the case of utility-improving brand innovation. In addition, the incentive for the innovator was examined.展开更多
The growing demand for electricity in large Brazilian cities and the distance to the region with the largest energy production have encouraged the construction of transmission lines thousands of kilometers long, cross...The growing demand for electricity in large Brazilian cities and the distance to the region with the largest energy production have encouraged the construction of transmission lines thousands of kilometers long, crossing several states of the federation. Therefore, the heterogeneity of requirements in federal, state and district environmental laws tend to lead to uncertainty for the investor regarding procedures and investments necessary for the completion of the project, as well as the time that the requirements will take to be fulfilled. In the present study, we identify and compare the criteria used by the various environmental licensing agencies for classifying transmission system projects in the different procedures(simplified and ordinary) of environmental licensing. It was possible to expose the differences and demonstrate some inconsistencies in the legislation of some Brazilian states. In particular, we note an absence of proportionality between the licensing requirements and the expected environmental impacts for projects on the physical, biological and social environments. Additionally, it was identified subjectivity in the requirement for social participation through public hearings, demanded by the legislation for the projects classified in the ordinary procedure.展开更多
The optimal license proportions with and without technology spillover are analyzed with a game-theoretical approach when a patent-holding firm licensed non-drastic process innovation to his incumbent rivals by means o...The optimal license proportions with and without technology spillover are analyzed with a game-theoretical approach when a patent-holding firm licensed non-drastic process innovation to his incumbent rivals by means of a first price sealed bid auction. The optimal strategy is obtained through solving the game by backward induction. It is found that the range of optimal license proportion is narrower when there is spillover compared to the no spillover case.展开更多
Antitrust examination of discriminatory patent licensing fees imposed by companies who own standards-essential patents(SEPs) is a difficult issue in antitrust law enforcement. After studying Huawei's litigation ag...Antitrust examination of discriminatory patent licensing fees imposed by companies who own standards-essential patents(SEPs) is a difficult issue in antitrust law enforcement. After studying Huawei's litigation against IDC and China's anti-monopoly investigation of Qualcomm, this paper creates a vertical oligopolistic game theory model to demonstrate that discriminatory licensing fees imposed by firms with patent monopoly will lead to the collection of high licensing fees from downstream low-cost firms, weaken their competitive advantage, reduce their output and market share, impede their follow-up innovations, and generally harm the social welfare. Therefore, charging high discriminatory licensing fees constitutes an act that harms competition and should be prohibited by antitrust law. Antitrust examination of discriminatory licensing fees should make assessments primarily on the basis of the FRAND principle. Antitrust examination may adopt a triple-structure method to assess the reasonableness of licensing fees, but antitrust authorities should avoid directly prescribing the level of licensing fees and should safeguard the effectiveness of transaction mechanisms based on free negotiations among micro-level entities. Antitrust remedies should follow the principle of "intervening in the price formation mechanism rather than prescribing the level of licensing fees."展开更多
In late spring this year, Ren Jianxin, President of the Supreme People’s Court in China. welcomed the convening of the 1994 international meeting of the Licensing Executives Society (LES) held in Beijing. It was spon...In late spring this year, Ren Jianxin, President of the Supreme People’s Court in China. welcomed the convening of the 1994 international meeting of the Licensing Executives Society (LES) held in Beijing. It was sponsored by the China Licensing Executives Society and was attended by 400 lawyers and academics from over 30 countries including the USA, Britain, France, Japan, Germany and South Korea. Science and technology is展开更多
As the fifth largest licensing market in the world,China’s Licensing market has great potential to grow.The market is so big that it is always difficult to see into the details.To understand the rapidly growing licen...As the fifth largest licensing market in the world,China’s Licensing market has great potential to grow.The market is so big that it is always difficult to see into the details.To understand the rapidly growing licensing industry in China,China Toy and Juvenile Products Association(CTJPA)conducted a professional survey and issued the China Licensing Industry Report2018earlier this year.展开更多
No one can ignore the Chinese market,and that is no different for the licensing market.According to data from LIMA(International Licensing Industry Merchandisers’Association),in 2015,China was ranked as the fifth lar...No one can ignore the Chinese market,and that is no different for the licensing market.According to data from LIMA(International Licensing Industry Merchandisers’Association),in 2015,China was ranked as the fifth largest licensing market in the world,with a market size of USD 7,61 billion.展开更多
Regulations of Busi- ness Licensing for Route of Foreign Air Transport Enterprises(CCAR- 287),which were passed at the executive meeting of Civil Aviation Ad- ministration of China on May 19,2008,were hereby promulgat...Regulations of Busi- ness Licensing for Route of Foreign Air Transport Enterprises(CCAR- 287),which were passed at the executive meeting of Civil Aviation Ad- ministration of China on May 19,2008,were hereby promulgated and became effective as of July 11,2008.展开更多
The use of the extraordinary hydroelectric potential of the Amazon Basin originated an increase in the offer of renewable energy in Brazil, which, in its turn, leads to conflicts and a lack of consensus among differen...The use of the extraordinary hydroelectric potential of the Amazon Basin originated an increase in the offer of renewable energy in Brazil, which, in its turn, leads to conflicts and a lack of consensus among different players owing to the potential negative impacts related to the construction and operation of large hydroelectric power plants in relatively well preserved areas. In this context, environmental licensing is one of the national environmental policy’s main instruments for making decisions regarding the use of the hydroelectric potential, especially the rivers of the Amazon Basin. Nevertheless, this significant instrument has its limitations and requires adjustments in order to better aid the decision making process regarding the use of water resources and land with the goal of increasing the offer of electric energy.展开更多
In the state of Sao Paulo, Brazil, public policies regarding the air quality aimed at the welfare of the population are strongly dependent on monitoring conducted by the Sao Paulo State Environmental Company (CETESB),...In the state of Sao Paulo, Brazil, public policies regarding the air quality aimed at the welfare of the population are strongly dependent on monitoring conducted by the Sao Paulo State Environmental Company (CETESB), which can be influenced by faulty monitors and equipment support and cuts in power supply, among others. A research conducted from 1998 to 2008 indicated that a significant portion of the air quality automatic stations in the state of Sao Paulo did not meet the criterion of representativeness of measurements of PM10, NO2, O3, CO and SO2 concentrations which resulted in the classification of some municipalities as the nonattainment area, a situation evidenced for PM10 and O3 parameters. The network unavailability for each parameter was estimated and compared with the monitoring networks operated in Canada and the UK. This paper discusses the implications of the lack of representativeness of measurements in the environmental licensing process of pollution sources from 2008, when by the effect of state law, municipalities have been qualified according to their air quality nonattainment level.展开更多
Objective To study the types and acquisition paths of drug data in the administrative act of compulsory licensing of pharmaceutical patents so as to provide data support for the implementation of compulsory licensing ...Objective To study the types and acquisition paths of drug data in the administrative act of compulsory licensing of pharmaceutical patents so as to provide data support for the implementation of compulsory licensing of pharmaceutical patents from the perspective of public interest-public health in China.Methods Situation of compulsory licensing of pharmaceutical patents in the context of public interest-public health in China was selected,combined with international conventions and the principle provisions of relevant laws,and cases of compulsory licensing of pharmaceutical patents in foreign countries were reviewed to extract drug-related data of compulsory licensing of pharmaceutical patents.Results and Conclusion According to the analysis of China’s compulsory licensing of pharmaceutical patents theory and legal provisions,the data could be divided into five categories for compulsory licensing of pharmaceutical patents in China:diseases,drugs,patents,generic drug enterprises,and licensing fees.Although,some data are traceable.There were also problems in obtaining data or inconsistent standards in five levels of compulsory licensing of pharmaceutical patents in the context of public interest-public health.It was not conducive to the implementation of compulsory licensing of pharmaceutical patents in China.Thus,it should be further established a unified data support system at the national level,specifying the standard of licensing fee,implementing relevant laws and regulations.展开更多
Supplier encroachment in technology-intensive supply chains is an emerging and important research topic in communication technology.In order to assess the impact of patent licensing on supplier encroachment and firms&...Supplier encroachment in technology-intensive supply chains is an emerging and important research topic in communication technology.In order to assess the impact of patent licensing on supplier encroachment and firms'performance,we model a technology-intensive supply chain comprising a component supplier holding patents and a product manufacturer.The patent-licensing fee to the retailer is charged either via a component-based strategy(Strategy C),i.e.,a percentage of the component price,or a product-based strategy(Strategy P),i.e.,a percentage of the final-product price.The supplier decides whether to encroach into the market.Our research illustrates that compared with Strategy C,Strategy P allows the supplier to take a share of the manufacturer's market revenue,thus discouraging the supplier from encroachment.Counterintuitively,we find that the supplier prefers to Strategy C when the sales cost is relatively high and the royalty rate under Strategy P is relatively low,and the manufacturer prefers to Strategy P when the sales cost is relatively low or moderate.We also reveals that under certain conditions,the preferences of the supplier and manufacturer for licensing strategies can align with both strategies C and P providing better economic benefits to both parties.展开更多
As the world transitions to a more environment-friendly and sustainable global economy,innovations in green technology are playing a crucial role.Recognizing this,China,along with many other nations,is adapting its pa...As the world transitions to a more environment-friendly and sustainable global economy,innovations in green technology are playing a crucial role.Recognizing this,China,along with many other nations,is adapting its pat⁃ent system to better support green innovations,establishing what is known as a green patent regime.While extensive empirical research highlights the significance of China's green patent regime in achieving environmental sustainabil⁃ity,there is a noticeable lack of normative studies on enhancing its efficacy.This work aims to fill this gap by conduct⁃ing a normative study using doctrinal analysis and proposing that transparency and accessibility are key factors in evaluating the effectiveness of a green patent regime.Through a doctrinal analysis of China's green patent legislation and regulations,this work assesses the legal rights conferred by this regime and identifies how these rights are con⁃strained by substantive and procedural norms.The findings reveal significant limitations to the transparency and acces⁃sibility of China's green patent regime and propose improvements.These recommendations offer insights for policymak⁃ers in China and other countries.The doctrinal analysis conducted in this research could stimulate further theoretical discussion in the field of sustainable development and intellectual property law.Moreover,it might enlighten more hy⁃potheses for future empirical studies.展开更多
As an incentive to innovation, intellectual property （IP） should be protected by law. However, as it is a key factor in market competition, it should also be subject to competition law. In most jurisdictions, restri...As an incentive to innovation, intellectual property （IP） should be protected by law. However, as it is a key factor in market competition, it should also be subject to competition law. In most jurisdictions, restriction of competition related to IP rights is not a black and white question, and such rights are challenged only when the IP owners hold market power and when protection of their fights has a serious and unreasonable effect on competition. In assessing IP-related restriction of competition, we need to analyze several elements： we have to define the relevant markets, identify the parties concerned, determine their market share, assess the anti-competitive effects of the controls, etc.. China＇s existing legislation is not adequate to solve problems arising from IP-related restriction of competition. Nevertheless, the process of China＇s legislation on this issue shows clearly that the misuse of IP rights for the purpose of excluding or significantly restricting competition is not justifiable under competition law.展开更多
基金Shenzhen Polytechnic University’s Key Scientific Research Project,The Field Exploitation of Shenzhen Enterprises’Investment in Africa and the Prevention and Control of Legal Risks(Project No.:6024310006S)。
文摘In order to promote the development of the mineral industry in their countries,Tanzania and Uganda have revised their mining acts in recent years,and the reform of the mineral rights licensing system is one of the key points.This paper is intended to make a comparative analysis of the two countries’mineral rights licensing systems in terms of the main body of approval,approval time,approval information,approval conditions and application fees.Through comparison,it can be seen that the two countries focus on the role of the government in the mineral rights licensing,jurisdiction is more centralized,access system is fairer,the review is more stringent,and the provisions are clearer and more concise.On the whole,Tanzania’s mineral rights licensing system is more detailed and standardized than Uganda’s,and is more operational in practice.In addition to exploring the advantages of the two countries’mineral rights licensing system,this paper also summarizes and analyzes the shortcomings of the two countries’mineral rights licensing system,how to verify the review of information in the two countries’mineral rights licensing system,how to effectively supervise the activities after licensing,and how to continue to deepen the reform of the two countries’ministries of mines and minerals,which are responsible for the important task of strengthening the administrative capacity and improving the efficiency of the administration,is still an important issue that deserves continuous and in-depth study for the two countries.For both countries,this is still a topic that deserves continuous and in-depth research.Through the comparative analysis of the Tanzanian and Ugandan mineral rights licensing systems,this paper clearly demonstrates the similarities and differences between the two systems as well as their advantages and disadvantages,which can provide decision-making references for relevant mining investments and help investors more comprehensively assess the legal environment,policy risks and operating costs of mining development in the two countries,so as to optimize their investment strategies and reduce compliance risks.
基金supported by the National Natural Science Foundation of China(No.81974355,No.82172524).
文摘Objective:To evaluate the accuracy and parsing ability of GPT 4.0 for Japanese medical practitioner qualification examinations in a multidimensional way to investigate its response accuracy and comprehensiveness to medical knowledge.Methods:We evaluated the performance of the GPT 4.0 on Japanese Medical Licensing Examination(JMLE)questions(2021–2023).Questions are categorized by difficulty and type,with distinctions between general and clinical parts,as well as between single-choice(MCQ1)and multiple-choice(MCQ2)questions.Difficulty levels were determined on the basis of correct rates provided by the JMLE Preparatory School.The accuracy and quality of the GPT 4.0 responses were analyzed via an improved Global Qualily Scale(GQS)scores,considering both the chosen options and the accompanying analysis.Descriptive statistics and Pearson Chi-square tests were used to examine performance across exam years,question difficulty,type,and choice.GPT 4.0 ability was evaluated via the GQS,with comparisons made via the Mann-Whitney U or Kruskal-Wallis test.Results:The correct response rate and parsing ability of the GPT4.0 to the JMLE questions reached the qualification level(80.4%).In terms of the accuracy of the GPT4.0 response to the JMLE,we found significant differences in accuracy across both difficulty levels and option types.According to the GQS scores for the GPT 4.0 responses to all the JMLE questions,the performance of the questionnaire varied according to year and choice type.Conclusion:GTP4.0 performs well in providing basic support in medical education and medical research,but it also needs to input a large amount of medical-related data to train its model and improve the accuracy of its medical knowledge output.Further integration of ChatGPT with the medical field could open new opportunities for medicine.
文摘This paper primarily focuses on two problems which aim at improving the results of the recent work of Yi S.S.(Yi S.S., Entry, licensing and research joint ventures, International Journal of Industrial Organization, 1999,17:1 24).Firstyly, two improper viewpoints are pointed out and rectified. Under his model, Yi argued that the potential entrants can be better off or worse off under the incumbent firm's strategic use of ex post licensing policy, but it is shown in this paper that the strategic licensing undoubtedly reduces the entrants'expected payoffs. Yi also noted wrongly that industry profit is a convex function of the number of firms in the product market by the Cournot oligopoly with a linear demand and constant marginal costs. However, in this paper it is demonstrated that industry profit in such a market is a concave convex function of the number of firms. Secondly, a thorough study of the optimal licensing policy for the incumbent is made on the basis of the correction of the second error. Necessary and sufficient conditions under which the incumbent will choose ex post licensing, ex ante licensing of one entrant or ex ante licensing of both extrants are given.
基金The authors acknowledge the support from“National Key R&D Program of China”(Project No.2018YFC1603400).
文摘In this paper,the background,principles,and main contents of the rules for the examination of production licenses of foods for special medical purposes are introduced.The contents including general rules,production sites,equipment facilities,equipment layout,technological process,personnel management,management system and supplementary rules are interpreted item by item.This study has important value and historical significance for promoting the development of Chinese enterprises and industries of foods for special medical purposes.
文摘Media Commerce is now becoming a new trend which results fr om faster development of network bandwidth and high availability of multimedia t echnologies, how to protect media content from being used in a right-violated w ay is one of most important issues to take into account. In this paper, a novel and efficient authorization and authentication Digital Rights Management (DRM) s chema is proposed firstly for secure multimedia delivery, then based on the sche ma, a real-time digital signature algorithm built on Elliptic Curve Cryptograph y (ECC) is adopted for fast authentication and verification of licensing managem ent, thus secure multimedia delivery via TCP/RTP can efficiently work with real -time transaction response and high Quality of Service (QoS) . Performance eval uations manifest the proposed schema is secure, available for real-time media s tream authentication and authorization without much effected of QoS. The propose d schema is not only available for Client/Server media service but can be easily extended to P2P and broadcasting network for trusted rights management.
基金The Program for New Century Excellent Talents in University(No.08-0772)the 39th Postdoctoral Funds of China (No.200603900501)
文摘This paper studies the licensing of a brand innovation to a monopoly in an uncovered market characterized by a logit demand framework. The innovator is an outsider to the market and sells the license via fixed-fee, royalty or their combinations. It is shown that the license occurs irrespective of whether the utility of the new brand is improved or not, and that the optimal licensing policy for the innovator is fixed-fee only. Ultimately, the monopoly produces both the old and the new brand products, even in the case of utility-improving brand innovation. In addition, the incentive for the innovator was examined.
基金P&D ANEEL (Electric Energy Sector Research and Technological Development Program in Brazil), which allows us to dare and innovate in dealing with routine issuesSGBH (State Grid Brazil Holding) for sponsoring believing in boldness and challenge。
文摘The growing demand for electricity in large Brazilian cities and the distance to the region with the largest energy production have encouraged the construction of transmission lines thousands of kilometers long, crossing several states of the federation. Therefore, the heterogeneity of requirements in federal, state and district environmental laws tend to lead to uncertainty for the investor regarding procedures and investments necessary for the completion of the project, as well as the time that the requirements will take to be fulfilled. In the present study, we identify and compare the criteria used by the various environmental licensing agencies for classifying transmission system projects in the different procedures(simplified and ordinary) of environmental licensing. It was possible to expose the differences and demonstrate some inconsistencies in the legislation of some Brazilian states. In particular, we note an absence of proportionality between the licensing requirements and the expected environmental impacts for projects on the physical, biological and social environments. Additionally, it was identified subjectivity in the requirement for social participation through public hearings, demanded by the legislation for the projects classified in the ordinary procedure.
文摘The optimal license proportions with and without technology spillover are analyzed with a game-theoretical approach when a patent-holding firm licensed non-drastic process innovation to his incumbent rivals by means of a first price sealed bid auction. The optimal strategy is obtained through solving the game by backward induction. It is found that the range of optimal license proportion is narrower when there is spillover compared to the no spillover case.
文摘Antitrust examination of discriminatory patent licensing fees imposed by companies who own standards-essential patents(SEPs) is a difficult issue in antitrust law enforcement. After studying Huawei's litigation against IDC and China's anti-monopoly investigation of Qualcomm, this paper creates a vertical oligopolistic game theory model to demonstrate that discriminatory licensing fees imposed by firms with patent monopoly will lead to the collection of high licensing fees from downstream low-cost firms, weaken their competitive advantage, reduce their output and market share, impede their follow-up innovations, and generally harm the social welfare. Therefore, charging high discriminatory licensing fees constitutes an act that harms competition and should be prohibited by antitrust law. Antitrust examination of discriminatory licensing fees should make assessments primarily on the basis of the FRAND principle. Antitrust examination may adopt a triple-structure method to assess the reasonableness of licensing fees, but antitrust authorities should avoid directly prescribing the level of licensing fees and should safeguard the effectiveness of transaction mechanisms based on free negotiations among micro-level entities. Antitrust remedies should follow the principle of "intervening in the price formation mechanism rather than prescribing the level of licensing fees."
文摘In late spring this year, Ren Jianxin, President of the Supreme People’s Court in China. welcomed the convening of the 1994 international meeting of the Licensing Executives Society (LES) held in Beijing. It was sponsored by the China Licensing Executives Society and was attended by 400 lawyers and academics from over 30 countries including the USA, Britain, France, Japan, Germany and South Korea. Science and technology is
文摘As the fifth largest licensing market in the world,China’s Licensing market has great potential to grow.The market is so big that it is always difficult to see into the details.To understand the rapidly growing licensing industry in China,China Toy and Juvenile Products Association(CTJPA)conducted a professional survey and issued the China Licensing Industry Report2018earlier this year.
文摘No one can ignore the Chinese market,and that is no different for the licensing market.According to data from LIMA(International Licensing Industry Merchandisers’Association),in 2015,China was ranked as the fifth largest licensing market in the world,with a market size of USD 7,61 billion.
文摘Regulations of Busi- ness Licensing for Route of Foreign Air Transport Enterprises(CCAR- 287),which were passed at the executive meeting of Civil Aviation Ad- ministration of China on May 19,2008,were hereby promulgated and became effective as of July 11,2008.
文摘The use of the extraordinary hydroelectric potential of the Amazon Basin originated an increase in the offer of renewable energy in Brazil, which, in its turn, leads to conflicts and a lack of consensus among different players owing to the potential negative impacts related to the construction and operation of large hydroelectric power plants in relatively well preserved areas. In this context, environmental licensing is one of the national environmental policy’s main instruments for making decisions regarding the use of the hydroelectric potential, especially the rivers of the Amazon Basin. Nevertheless, this significant instrument has its limitations and requires adjustments in order to better aid the decision making process regarding the use of water resources and land with the goal of increasing the offer of electric energy.
文摘In the state of Sao Paulo, Brazil, public policies regarding the air quality aimed at the welfare of the population are strongly dependent on monitoring conducted by the Sao Paulo State Environmental Company (CETESB), which can be influenced by faulty monitors and equipment support and cuts in power supply, among others. A research conducted from 1998 to 2008 indicated that a significant portion of the air quality automatic stations in the state of Sao Paulo did not meet the criterion of representativeness of measurements of PM10, NO2, O3, CO and SO2 concentrations which resulted in the classification of some municipalities as the nonattainment area, a situation evidenced for PM10 and O3 parameters. The network unavailability for each parameter was estimated and compared with the monitoring networks operated in Canada and the UK. This paper discusses the implications of the lack of representativeness of measurements in the environmental licensing process of pollution sources from 2008, when by the effect of state law, municipalities have been qualified according to their air quality nonattainment level.
文摘Objective To study the types and acquisition paths of drug data in the administrative act of compulsory licensing of pharmaceutical patents so as to provide data support for the implementation of compulsory licensing of pharmaceutical patents from the perspective of public interest-public health in China.Methods Situation of compulsory licensing of pharmaceutical patents in the context of public interest-public health in China was selected,combined with international conventions and the principle provisions of relevant laws,and cases of compulsory licensing of pharmaceutical patents in foreign countries were reviewed to extract drug-related data of compulsory licensing of pharmaceutical patents.Results and Conclusion According to the analysis of China’s compulsory licensing of pharmaceutical patents theory and legal provisions,the data could be divided into five categories for compulsory licensing of pharmaceutical patents in China:diseases,drugs,patents,generic drug enterprises,and licensing fees.Although,some data are traceable.There were also problems in obtaining data or inconsistent standards in five levels of compulsory licensing of pharmaceutical patents in the context of public interest-public health.It was not conducive to the implementation of compulsory licensing of pharmaceutical patents in China.Thus,it should be further established a unified data support system at the national level,specifying the standard of licensing fee,implementing relevant laws and regulations.
基金supported by The Ministry of Education of Humanities and Social Science project[21YJA630113].
文摘Supplier encroachment in technology-intensive supply chains is an emerging and important research topic in communication technology.In order to assess the impact of patent licensing on supplier encroachment and firms'performance,we model a technology-intensive supply chain comprising a component supplier holding patents and a product manufacturer.The patent-licensing fee to the retailer is charged either via a component-based strategy(Strategy C),i.e.,a percentage of the component price,or a product-based strategy(Strategy P),i.e.,a percentage of the final-product price.The supplier decides whether to encroach into the market.Our research illustrates that compared with Strategy C,Strategy P allows the supplier to take a share of the manufacturer's market revenue,thus discouraging the supplier from encroachment.Counterintuitively,we find that the supplier prefers to Strategy C when the sales cost is relatively high and the royalty rate under Strategy P is relatively low,and the manufacturer prefers to Strategy P when the sales cost is relatively low or moderate.We also reveals that under certain conditions,the preferences of the supplier and manufacturer for licensing strategies can align with both strategies C and P providing better economic benefits to both parties.
基金Funded by the National Key R&D Program of China (Grant No:2022YFC3303000)。
文摘As the world transitions to a more environment-friendly and sustainable global economy,innovations in green technology are playing a crucial role.Recognizing this,China,along with many other nations,is adapting its pat⁃ent system to better support green innovations,establishing what is known as a green patent regime.While extensive empirical research highlights the significance of China's green patent regime in achieving environmental sustainabil⁃ity,there is a noticeable lack of normative studies on enhancing its efficacy.This work aims to fill this gap by conduct⁃ing a normative study using doctrinal analysis and proposing that transparency and accessibility are key factors in evaluating the effectiveness of a green patent regime.Through a doctrinal analysis of China's green patent legislation and regulations,this work assesses the legal rights conferred by this regime and identifies how these rights are con⁃strained by substantive and procedural norms.The findings reveal significant limitations to the transparency and acces⁃sibility of China's green patent regime and propose improvements.These recommendations offer insights for policymak⁃ers in China and other countries.The doctrinal analysis conducted in this research could stimulate further theoretical discussion in the field of sustainable development and intellectual property law.Moreover,it might enlighten more hy⁃potheses for future empirical studies.
基金This article forms part of the 2006 national major project of the Ministry of Justice on the rule of law and judicial theory,"Market Economy and Anti-monopoly Law:From the Perspective of Intellectual Property"(06SFB 1015).
文摘As an incentive to innovation, intellectual property （IP） should be protected by law. However, as it is a key factor in market competition, it should also be subject to competition law. In most jurisdictions, restriction of competition related to IP rights is not a black and white question, and such rights are challenged only when the IP owners hold market power and when protection of their fights has a serious and unreasonable effect on competition. In assessing IP-related restriction of competition, we need to analyze several elements： we have to define the relevant markets, identify the parties concerned, determine their market share, assess the anti-competitive effects of the controls, etc.. China＇s existing legislation is not adequate to solve problems arising from IP-related restriction of competition. Nevertheless, the process of China＇s legislation on this issue shows clearly that the misuse of IP rights for the purpose of excluding or significantly restricting competition is not justifiable under competition law.
