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1 – 10 of 790It has become increasingly clear that the objectives of privacy and competition policy are in conflict with one another with regard to platform data. While privacy policies aim at…
Abstract
Purpose
It has become increasingly clear that the objectives of privacy and competition policy are in conflict with one another with regard to platform data. While privacy policies aim at limiting the use of platform data for purposes other than those for which the data were collected in order to protect the privacy of platform users, competition policy aims at making such data widely available in order to curb the power of platforms.
Design/methodology/approach
We draw on Commons' Institutional Economics to contrast the current control-based approaches to ensuring the protection as well as the sharing of platform data with an ownership approach. We also propose the novel category of platform use data and contrast this with the dichotomy of personal/non-personal data which underlies current regulatory initiatives.
Findings
We find that current control- and ownership-based approaches are ineffective with regard to their capacity to balance these conflicting objectives and propose an alternative approach which makes platform data saleable. We discuss this approach in view of its capacity to balance the conflicting objectives of privacy and competition policy and its effectiveness in supporting each separately.
Originality/value
Our approach clarifies the fundamental difference between data markets and other concepts such as data exchanges.
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This study aims to systematise the methodology used in comparative urban planning law and propose primary contexts for comparison in planning law.
Abstract
Purpose
This study aims to systematise the methodology used in comparative urban planning law and propose primary contexts for comparison in planning law.
Design/methodology/approach
This study undertook a review of comparative law methodology discourse and sought to establish connections between the discourse and the field of planning law.
Findings
This study argues for establishment of a realistic goal for comparative planning law by focusing on the planning law's modifiability. The goal of comparison in planning law should not be to find universally desirable principles or better solutions. Rather, the goal should be to identify a motive for devising a solution. This is because it is not only difficult to establish legal values that are universally applicable to planning law but also inappropriate to determine superiority of planning laws that have been developed over time by each jurisdiction’s sovereignty and policies on land use. When determining comparable systems for analysis among legal systems that are functionally equivalent, it is important to consider the context of land use relations alongside the comparative analysis to be done. To set realistic goals, the context should not be extended indefinitely but be systematised. Based on the foundational relationship underlying planning law, including the tension between planning authorities and property owners, this study presents five specific contexts for comparative analysis: “Strength of Property Rights,” “Level of Judicial Intervention,” “Plan- or Development-led System,” “Allocation of Planning Power” and “Level of Participation.” Examination of these contexts will allow better understanding of the similarities and differences among different systems and practical application of the results of comparative studies.
Originality/value
This study presents a novel approach to systematising the methodology and framework of comparative planning law.
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The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries…
Abstract
The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries to shift and contribute assets to the successors, whereas corporate law focuses on the well-being of the company. However, in a family business, it is necessary to find legal, social, and psychological techniques to combine these two areas and to establish strong and binding relations. This is the function of shareholder agreements and family constitutions.
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Can Huang, Cong Cao and Wim Coreynen
Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for…
Abstract
Purpose
Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measure to ease the pressure exerted by its foreign trading partners, particularly against the background of the US-China trade dispute that started at the beginning of 2018. This paper summarizes these reforms and their implications.
Design/methodology/approach
This paper combines a variety of sources, including academic articles, government websites, news reports, industry surveys and expert opinions, to offer insights in China’s IPR system and its recent reforms.
Findings
This paper summarizes and discusses (1) the state’s law amendments, including the 2015 amendment of the “Law on Promoting the Transformation of Scientific and Technological Achievements”, the second amendment of the “Anti-Unfair Competition Law” with regard to trade secret protection, the fourth amendment of the “Patent Law”, and the legislations and regulations addressing the criticisms of the US administration over China’s so-called “forced” technology transfer policies; (2) the establishment of the specialized IP courts and tribunals since 2014; (3) the restructuring of the State IP Office; and (4) the issuing of an “Outline for Building an IPR Powerhouse (2021–2035)”.
Originality/value
This paper highlights China’s efforts to make its IPR system stronger and more just. It also discusses international observers’ reactions and pinpoints specific areas for further improvement.
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Artificial intelligence (AI) reasoning is fuelled by high-quality, detailed behavioural data. These can usually be obtained by the biometrical sensors embedded in smart devices…
Abstract
Purpose
Artificial intelligence (AI) reasoning is fuelled by high-quality, detailed behavioural data. These can usually be obtained by the biometrical sensors embedded in smart devices. The currently used data collecting approach, where data ownership and property rights are taken by the data scientists, designers of a device or a related application, delivers multiple ethical, sociological and governance concerns. In this paper, the author is opening a systemic examination of a data sharing concept in which data producers execute their data property rights.
Design/methodology/approach
Since data sharing concept delivers a substantially different alternative, it needs to be thoroughly examined from multiple perspectives, among them: the ethical, social and feasibility. At this stage, theoretical examination modes in the form of literature analysis and mental model development are being performed.
Findings
Data sharing concepts, framework, mechanisms and swift viability are examined. The author determined that data sharing could lead to virtuous data science by augmenting data producers' capacity to govern their data and regulators' capacity to interact in the process. Truly interdisciplinary research is proposed to follow up on this research.
Research limitations/implications
Since the research proposal is theoretical, the proposal may not provide direct applicative value but is largely focussed on fuelling the research directions.
Practical implications
For the researchers, data sharing concepts will provide an alternative approach and help resolve multiple ethical considerations related to the internet of things (IoT) data collecting approach. For the practitioners in data science, it will provide numerous new challenges, such as distributed data storing, distributed data analysis and intelligent data sharing protocols.
Social implications
Data sharing may post significant implications in research and development. Since ethical, legislative moral and trust-related issues are managed in the negotiation process, data can be shared freely, which in a practical sense expands the data pool for virtuous research in social sciences.
Originality/value
The paper opens new research directions of data sharing concepts and space for a new field of research.
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Navitha Singh Sewpersadh and Tamanna Dalwai
The interplay between individual and collective creativity and its translation into innovation is a critical yet complex challenge in the ever-evolving innovation landscape. This…
Abstract
Purpose
The interplay between individual and collective creativity and its translation into innovation is a critical yet complex challenge in the ever-evolving innovation landscape. This study delves into the intricate relationship between managerial ability, intellectual property rights (IPRs) and research and development (R&D) investments contextualized within the dynamics of leverage, firm life stages and tangibility for pharmaceutical firms in the Asia-Pacific region. By exploring how micro-level factors influence macro-level innovation processes, this study aims to contribute to the broader understanding of creativity and innovation, a theme at the heart of addressing contemporary global challenges.
Design/methodology/approach
Econometric methodologies were used to analyse a data set comprising 2,660 firm-year observations spanning the decade from 2011 to 2020.
Findings
A key finding was that companies with lower managerial prowess strategically leverage R&D intensity to signal their value to the market and accrue reputational currency. The research unearths a significant positive relationship between managerial ability, IPRs and R&D investment. In environments characterized by strong managerial acumen and robust IPR safeguards, firms exhibit a heightened propensity to allocate resources to R&D endeavours. This underscores the role of intellectual leadership and legal protections in shaping R&D strategies within the pharmaceutical domain. Incorporating firm life stages as a moderating factor reveals that firm maturity fundamentally influences the interplay between managerial ability, IPRs and R&D expenditure.
Originality/value
These findings’ implications resonate profoundly within policy-making circles and pharmaceutical firms’ day-to-day operational strategies, underscoring the pivotal role of intellectual capital and legal safeguards in shaping the future of innovation in the Asia-Pacific pharmaceutical sector.
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As a typical nature-based solution to climate change, forestry carbon sinks are vital to achieving carbon neutrality in China. However, regulations in China are insufficient to…
Abstract
Purpose
As a typical nature-based solution to climate change, forestry carbon sinks are vital to achieving carbon neutrality in China. However, regulations in China are insufficient to promote the development of carbon offset projects in forestry. This study aims to identify the regulatory obstacles impeding the development of forestry offsets under China’s certified emission reduction (CCER) and explore ways to improve the regulatory system.
Design/methodology/approach
This study conducts a qualitative analysis using a normative legal research method. This study conducted a synthetic review of national and local regulatory documents to gain insights into the regulatory landscape of forestry offsets in China. The main contents and characteristics of these documents are illustrated. Furthermore, related secondary literature was reviewed to gain further insight into forestry offset regulations and to identify significant gaps in China’s CCER regulation.
Findings
Forestry offset regulations under the CCER are characterized by fragmentation and a relatively lower legally binding force. There is no systematic institutional arrangement for forestry offset development, impeding market expectations and increasing transaction costs. The main challenges in China’s regulation of forestry carbon sinks include entitlement ambiguity, complicated rules for registration and verification, a lack of mechanisms for incentives, risk prevention and biodiversity protection.
Originality/value
Forestry carbon sinks’ multiple environmental and social values necessitate their effective development and utilization. This study assessed forestry offset regulations in China and proposed corresponding institutional arrangements to improve forestry carbon sink regulations under the CCER.
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The family is one of the foundations of society; its significance for societal redistribution in modern societies, though, remains particularly unclear. A major reason for this is…
Abstract
Purpose
The family is one of the foundations of society; its significance for societal redistribution in modern societies, though, remains particularly unclear. A major reason for this is that theoretical approaches to societal redistribution have not adequately included family either in social philosophy or in welfare state theory. As a consequence, also empirical analyses of differences and developments in societal redistribution have not included family or only in as far as family is affected by other redistributive principles. This paper contributes to filling this theoretical gap.
Design/methodology/approach
This paper theorises family as a redistributive principle. With reference to the major theoretical concepts of redistribution, it identifies the relevant dimensions of family in societal redistribution and develops a typology of its inclusion in societal redistribution.
Findings
Approaches to redistribution are shaped by distinct concepts of equal or unequal exchange, the relevant actors they identify and by different understandings of the economy. These distinctions are central to understanding the position of family in societal redistribution. With reference to the major theoretical concepts of redistribution, this paper identifies the relevant dimensions of family in societal redistribution and develops a typology of its inclusion in societal redistribution. Further investigations might draw on this typology and detect the theoretical foundations of its conceptualisations and its similarities to and deviations from the developed types.
Originality/value
This paper provides a theoretical groundwork for theoretical and empirical investigations of societal redistribution and for better comprehending its international variation. It aims to initiate a fundamental rethinking of the usual understanding of societal redistribution that widely ignores family as a redistributive principle of its own.
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With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of…
Abstract
Purpose
With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective.
Design/methodology/approach
The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners.
Findings
The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity.
Social implications
Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context.
Originality/value
This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.
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