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Article
Publication date: 22 January 2024

Na Liu, MoonGyu Bae and Keon Hee Lee

The scholarly debate regarding the impact of inward foreign direct investment (FDI) on entrepreneurship remains inconclusive. This study aims to tackle this discrepancy by…

Abstract

Purpose

The scholarly debate regarding the impact of inward foreign direct investment (FDI) on entrepreneurship remains inconclusive. This study aims to tackle this discrepancy by positing that the relationship between inward FDI and entrepreneurship in the host nation is not deterministic but is moderated by intellectual property rights (IPR) infringement hazards. These hazards are postulated to dictate the level of knowledge spillovers from inward FDI, thereby affecting entrepreneurial activities.

Design/methodology/approach

This study uses panel data regression analysis using data spanning 30 Chinese provinces from 2010 to 2018. The Hausman test results rejected the null hypothesis, recommending the use of the fixed-effects estimator over the random-effects one for statistical consistency. Therefore, the fixed-effects estimator is used to test the hypotheses.

Findings

The study’s analysis reveals that the main effect of inward FDI on entrepreneurship is statistically insignificant. However, once IPR infringement hazards are introduced to the model as a moderator, the main effect turns statistically positive and significant. Notably, the positive main effect diminishes as IPR infringement hazards increase.

Originality/value

Highlighting the role of IPR infringement hazards as a moderator, this research unveils the nuanced relationship between inward FDI and entrepreneurship, thereby addressing the ongoing theoretical debate. This study demonstrates that knowledge spillovers from inward FDI are not automatic but depend on concerns about IPR infringements in the host nation. The resultant spillovers are then translated into entrepreneurial activities.

Details

International Journal of Development Issues, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1446-8956

Keywords

Book part
Publication date: 12 December 2023

Ayodele Adetuyi, Heather Tarbert and Christian Harrison

There seems to be no controversy about Nigeria being an agricultural country with food sufficiency up till the late 1970s. However, in recent times the country is finding it very…

Abstract

There seems to be no controversy about Nigeria being an agricultural country with food sufficiency up till the late 1970s. However, in recent times the country is finding it very difficult to provide sufficient food for the teeming population which has resulted in the majority of the country’s citizens slipping into poverty. The ability of the country to provide sufficiently for the citizens was a result of a lack of reliable and effective developmental and transformational strategies in the agricultural sector of the country which is a major employer of labour in the rural community. To this end, this chapter mainly focuses on factors inhibiting the development of agricultural companies in Nigeria and how to overcome the developmental barriers in the agricultural sector in Nigeria. The findings from the review show that the bane of the agricultural sector in Nigeria is due to the lack of an agricultural regulatory framework and policy transmission mechanism and over-dependence on oil revenue amongst other things (Adams, 2016). It is therefore imperative for the country to embark on the development of a reliable agricultural framework and model that will aid food sufficiency in the country.

Details

Contextualising African Studies: Challenges and the Way Forward
Type: Book
ISBN: 978-1-80455-339-8

Keywords

Article
Publication date: 1 April 1998

David Walters

Presents an evaluation of a trade union project to appoint regional health and safety representatives in farm‐working. Outlines the background and development of the scheme and…

1407

Abstract

Presents an evaluation of a trade union project to appoint regional health and safety representatives in farm‐working. Outlines the background and development of the scheme and assesses its outcomes. Reviews the problem of health and safety in agriculture and discusses the scheme as a means of improving the health and safety performance of the small enterprises typical of the industry. Identifies factors that have supported or constrained the activities of the regional safety representatives and evaluates their importance. Compares the scheme with analysis of more developed provisions for regional health and safety representatives found in Sweden and identifies and discusses a number of supporting and limiting factors common to both schemes. Concludes the project has achieved very limited success in improving joint consultation on health and safety in agricultural employment. Suggests its limited progress is a result of constraints specific to the industry rather than those of employment in small enterprises in general. Proposes further strategies that the trade union might adopt to increase the chances of success within the industry.

Details

Employee Relations, vol. 20 no. 2
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 9 November 2010

Lanre‐Abass Bolatito Asiata

The purpose of this paper is to examine the risk arising from technological devices, such as closed circuit television (CCTV) and nuclear power plants and the consequent effect on…

1143

Abstract

Purpose

The purpose of this paper is to examine the risk arising from technological devices, such as closed circuit television (CCTV) and nuclear power plants and the consequent effect on the rights to privacy and security of individuals.

Design/methodology/approach

The paper presents critical and conceptual analyses of CCTV, nuclear power plants and the rights of individuals. It also analyses how communitarianism and liberal individualism would respond to right‐infringements and risk‐imposition. It draws on W.D. Ross's prima facie and actual duties to explain the pre‐eminence of duty when certain duties conflict in a bid to improve technology.

Findings

The paper discovers the importance of rights to individuals, particularly the rights to privacy and security. It shows that, in some situations, government's duty to respect the right to the privacy of individuals conflicts with the duty to provide public goods, such as CCTV. The paper, therefore, stresses that one duty has greater moral force than the other. In essence, the more incumbent duty can be employed by government in justifying right‐infringement and risk‐imposition, though this does not disvalue the rights of individuals.

Originality/value

The paper offers insight into ways of addressing questions such as: when is it morally acceptable or justifiable to expose others to risk? When is infringement on people's rights permissible? Also, the paper is relevant to those in the areas of ethics and technology because it offers an ethical analysis of risk‐imposition and right‐infringement by examining how ethical theories, such as communitarianism and liberal individualism, would assess risks resulting from CCTV and nuclear energy. It argues that consent is not enough to justify risk‐imposition and right‐infringement. It concludes by drawing on W.D. Ross's prima facie and actual duties as a means of justifying risk‐imposition and right‐infringement by government.

Details

Journal of Information, Communication and Ethics in Society, vol. 8 no. 4
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 20 June 2023

Mu-Chun Liao, Ting-Ya Hsieh and Wei-Hsiang Wang

By inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives…

Abstract

Purpose

By inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives of “modes” and “rules.” This study considers that in the core concept of negligent manslaughter in the Criminal Code of Taiwan, “business” comprises an outstretched legal element; thus, “application by analogy” or “customary laws” should be prohibited as a legal basis or when applying the criminal code because those are not allowed under nulla poena sine lege. Nulla poena sine lege must be respected to release construction professionals from material risks in their judicial rights and interests.

Design/methodology/approach

This study used data mining analysis with a database of 204 cases where construction professionals were involved in an accusation of gross negligence manslaughter (GNM) (N = 486) between 1995 and 2021 to explore the reasons and distribution of these cases in the construction industry in Taiwan.

Findings

The results showed that the main reasons behind lawful GNM accusations against construction professionals are as follows: (1) the violation of employers' duty of care to prevent hazards caused in workplaces where falling and collapsing are concerns during construction, thus resulting in death; (2) gross negligence during design, construction and supervision, causing damages after natural disasters such as earthquakes and typhoons.

Research limitations/implications

This study discusses the whole life circle of construction, starting from planning, design, construction and completion. However, the involvement of other offenses such as providing false statements, forgery, embezzlement, unjust enrichment and fraudulent tax evasion or criminal responsibilities stipulated in the Building Act or administrative punishments are beyond the scope of this study. Future studies will focus on foreign “business GNM” cases from judicial precedents with similar backgrounds to Taiwan in the construction industry to verify whether similar conclusions can be drawn and to examine their differences.

Practical implications

This study applied data mining and data analysis to the data and explored potential causality and patterns of GNM cases in judicial cases. The results of the analyses can be used as evidence for potential causality and thus facilitate construction professionals' self-reflection and contribute to the sustainable development of working environments for construction.

Social implications

This study agrees with the removal of GNM titled “business” in the Criminal Code of Taiwan to achieve Sustainable Development Goals (SDGs) in the building industry. By doing so, national judicial and management systems will be in line with international standards, ensuring that everyone has equal access to justice.

Originality/value

Goal 16 of the SDGs by the United Nations aims to promote judicial equality, peace, justice and strong institutions. With this basis, this study collected and analyzed data in the field of criminal law and applied the theory of criminal offenses committed by negligence to real construction-related cases. This study especially discusses whether construction professionals were imposed with excessive responsibilities when a court enforced the “duty of care” that asked the professionals to bear the responsibility of results for events that should be and could be foreseen.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 1 October 2007

Jonathan Putnam

I begin with a dispute over a fox hunt, by which to understand the law of tangible property, then develop that metaphor for the major types of intellectual property. I start with…

Abstract

I begin with a dispute over a fox hunt, by which to understand the law of tangible property, then develop that metaphor for the major types of intellectual property. I start with domestic U.S. patent law for the sake of concreteness, and generalize to other jurisdictions and types of intellectual property. In the latter parts of the paper I discuss the international implications of intellectual property, including especially the effects of information spillovers. The last part of the paper describes the hazards in analogizing “trade” in intellectual property rights to trade in goods, and particularly in interpreting international patent data. These hazards motivate the search for a structural model specially adapted to the purpose of valuing international intellectual property rights and rules. The goal is to give economists a simple and integrated framework for analyzing intellectual property across time, jurisdiction and regime type, with an eye towards eventually developing other incentive systems that have the advantages of property (such as decentralized decision-making), but fewer of the disadvantages.

Details

Intellectual Property, Growth and Trade
Type: Book
ISBN: 978-1-84950-539-0

Article
Publication date: 1 March 1975

Natural selection—survival of the fittest—is as old as life itself. Applied genetics which is purposeful in contrast to natural selection also has a long history, particularly in…

Abstract

Natural selection—survival of the fittest—is as old as life itself. Applied genetics which is purposeful in contrast to natural selection also has a long history, particularly in agriculture; it has received impetus from the more exacting demands of the food industry for animal breeds with higher lean : fat and meat : bone ratios, for crops resistant to the teeming world of parasites. Capturing the exquisite scent, the colours and form beautiful of a rose is in effect applied genetics and it has even been applied to man. For example, Frederick the Great, Emperor of Prussia, to maintain a supply of very tall men for his guards—his Prussian Guards averaged seven feet in height—ordered them to marry very tall women to produce offspring carrying the genes of great height. In recent times, however, research and experiment in genetic control, more in the nature of active interference with genetic composition, has developed sufficiently to begin yielding results. It is self‐evident that in the field of micro‐organisms, active interference or manipulations will produce greater knowledge and understanding of the gene actions than in any other field or by any other techniques. The phenomenon of “transferred drug resistance”, the multi‐factorial resistance, of a chemical nature, transferred from one species of micro‐organisms to another, from animal to human pathogens, its role in mainly intestinal pathology and the serious hazards which have arisen from it; all this has led to an intensive study of plasmids and their mode of transmission. The work of the Agricultural Research Council's biologists (reported elsewhere in this issue) in relation to nitrogen‐fixing genes and transfer from one organism able to fix nitrogen to another not previously having this ability, illustrates the extreme importance of this new field. Disease susceptibility, the inhibition of invasiveness which can be acquired by relatively “silent” micro‐organisms, a better understanding of virulence and the possible “disarming” of organisms, particularly those of particular virulence to vulnerable groups. Perhaps this is looking for too much too soon, but Escherichia coli would seem to offer more scope for genetic experiments than most; it has serotypes of much variability and viability; and its life and labours in the human intestine have assumed considerable importance in recent years. The virulence of a few of its serotypes constitute an important field in food epidemiology. Their capacity to transfer plasmids—anent transfer of drug resistance— to strains of other organisms resident in the intestines, emphasizes the need for close study, with safeguards.

Details

British Food Journal, vol. 77 no. 3
Type: Research Article
ISSN: 0007-070X

Book part
Publication date: 3 May 2016

Deepak Somaya

Patent litigation consists of non-market actions that firms undertake to access intellectual property rights defined by prior legislation and enforced by the courts. Thus, patent…

Abstract

Patent litigation consists of non-market actions that firms undertake to access intellectual property rights defined by prior legislation and enforced by the courts. Thus, patent litigation provides an interesting context in which to explore aspects of firm’s non-market strategies. In contrast with prior non-market strategy research that has largely focused on how political institutions define the rules of the game for market competition, non-market actions within patent litigation primarily seek to access and apply these broad policies to specific situations, products, or assets that matter to the firm. Furthermore, because such non-market actions are directly influenced by the firms’ market strategies, they represent a promising area for research on integrated (market and non-market) strategies as well.

The goal of this paper is to explain how generic patent strategies that firms use to support their competitive advantage in the product-market influence non-market outcomes related to the timing of patent litigation resolution. In contrast with prior research that has studied settlement in patent litigation essentially as a one-shot bargaining game, this paper seeks to explain litigation resolution as an outcome of the competing mechanisms of settlement and adjudication that operate continually during litigation. Using a large sample of patent litigations in research medicines and computers, I model the timing of patent litigation resolution in a proportional hazards framework, wherein settlement and adjudication are competing risks. The evidence found is consistent with the proposition that the speed with which patent litigation is resolved by either settlement or adjudication reflects the use of proprietary, defensive, and leveraging patent strategies by firms. These findings also help to explain unexpected and anomalous findings regarding the settlement of patent litigation reported in prior research.

Details

Strategy Beyond Markets
Type: Book
ISBN: 978-1-78635-019-0

Keywords

Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

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