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How does new environmental law affect public environmental protection activities in China? Evidence from structural equation model analysis on legal cognition
چگونه قانون جدید محیط زیست بر فعالیتهای عمومی در زمینه حفاظت از محیط زیست در چین تأثیر می گذارد؟ شواهدی از تحلیل مدل معادلات ساختاری بر شناخت حقوقی-2020 To investigate the validity of Chinese law enforcement from the publics perspective, this research applies the
theory of planned behavior, and introduces law as a moderator variable to explore the determinants of publics
environmental behaviors. Results from an empirical study of China indicate that perceived behavioral control,
subjective norms, inward attitude, and outward attitude all have positive impacts on environmental intentions
and indirectly affect the citizens environmental behavior and activists environmental behavior. Meanwhile,
legal cognition positively moderates the relationship between environmental intentions and behaviors. As the
level of the publics legal awareness increases, the direct effect of these two types of environmental intentions
on environmental behaviors respectively continues to increase. Based on the findings, some constructive implications
are provided to the governments and legislators to strengthen public participation in environmental
protection. Keywords: Environmental law | Public environmental protection activities | Structural equation model (SEM) | Legal cognition | China |
مقاله انگلیسی |
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Patent trolls in China: Some empirical data
پتنت های ثبت اختراع در چین: برخی از داده های تجربی-2020 Prior research found that the Chinese patent system is more pro-patentee than once believed. Patent owners performed much better in both infringement lawsuits and post-grant
validity reviews in China than in many other countries, such as the United States and Germany. Also, after a finding of infringement, Chinese courts were quite lenient with regard to
permanent injunctions. All these pro-patentee tendencies, together with the rapid growth
of China’s software industry, cast doubt on the prevalence of troll activities in China. This article analyzes 3435 patent infringement lawsuits decided by local people’s courts in China in
2015 and 2016 and provides some valuable insights into two important questions: how often
do patent trolls litigate in China, and do they adopt different litigation tactics from practicing
entities? Based on empirical data, this article finds that, interestingly, both the number and
the size of patent trolls in China are relatively small. Although nearly half (1534, or 44.7%) of
all patent infringement lawsuits were initiated by non-practicing entities (NPEs), individual
inventors, instead of professional businesses, accounted for an overwhelming majority of
all NPE cases (1528, or 99.6%). Patent assertion entities (PAEs), by contrast, only initiated four
out of 3435 cases (0.1%) in the two-year period under review. If only patents in the computer
industry are taken into consideration, then PAEs initiated zero computer-related lawsuits.
Nonetheless, this article does observe some trollish litigation tactics worthy of attention and
further research. There were 47 repeat litigants – litigants who initiated 10 or more cases;
some performed “commercial enforcement,” asserting patents against multiple small retailers instead of against one large manufacturer; and patent owners, on average, waited for a
rather long time before enforcing their patents in China. All these behaviors may introduce
bias to the incentives to innovate and put pressure on the overall functioning of the Chinese
patent system.
Keywords: Patent troll | Litigation | Empirical study | Chinese law |
مقاله انگلیسی |
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Crossing the Rubicon? The implications of RCEP on anti-monopoly enforcement on dominant E-commerce platforms in China
عبور از روبیکون؟ پیامدهای RCEP بر اجرای ضد انحصار در پلت فرم های تجارت الکترونیک غالب در چین-2020 The rapid development of e-commerce has markedly influenced the daily lives of the Chinese people over the last two decades. The rise of dominant e-commerce platforms and accompanying alleged abusive practices may impair competition and cause harm to on- line consumers. Although China’s Anti-Monopoly Law and E-commerce Law provide a legal basis to deal with these practices, Chinese competition regulators rarely undertake investigations into these platforms. The inability of the law to keep pace with digital advancements is compounded by outdated rationales and traditional practices. China’s problems relate to e-commerce competition and its regulation, such as the old-fashioned anti-monopoly rationale and some abusive practices conducted by dominant platforms. The Regional Comprehensive Economic Partnership (RCEP), concluded in late 2020, provides specific provisions regarding e-commerce and competition, requiring its 15-member states to promote a competitive and integrated e-commerce market in the region. This article critically examines the potential implications the RCEP may have on China’s anti-monopoly enforcement of dominant e-commerce platforms and argues that, despite China’s recent efforts to regulate e-commerce competition, these developments are still insufficient to fulfil the requirements of the RCEP.© 2021 Peaching Wu, Charlie Xiao-chuan Weng, Sally-Ann Joseph. Published by ElsevierLtd. All rights reserved. Keywords: RCEP | Anti-monopoly | E-commerce platforms | Competition | Chinese law |
مقاله انگلیسی |