Мифы о легальной монополии, или сказ о том, почему в России не развиваются инновации при упорной охране интеллектуальной собственности
The author explores the three myths on which, much like the myth of three whales, the current regime of intellectual property protection in post-Soviet Russia is based, which primarily serves the interests of transnational monopolies to the detriment of Russian economic and human development, especially in the sphere of startup entrepreneurship and innovation. These are the myths of legal monopoly, of great stimulus and of the benevolent foreign investor. The author shows on the basis of numerous economic research and empirical data that the widely accepted in Russian jurisprudence concept of legal monopoly is just a rhetorical method used to deviate from a meaningful discussion about the detriments brought to the Russian economy by the abnormally hefty exemptions for IP rights in Russian competition law; intellectual property protection is not a panacea for incentivising innovation and creativity, and being fully exempted from the competition law it stifles rather than stimulates innovation; and a overly strict regime for intellectual property protection doesn’t make Russia or any other developing country more attractive for direct foreign investors but on the contrary allows global corporations to extract more resources from the Russian consumers without any efforts to bring more production or R&D to the country.
This study presents a snapshot of investment projects in manufacturing that were implemented by foreign investors in Russia during 2017–2018. We assemble a unique database of all new plants opened by foreign companies in Russia during 2012–2018 to clarify the distribution of investment projects implemented during 2017–2018 across industries and territories with different tax regimes. We also identify the most interesting individual investment projects, interrelated investment projects, and elements of collective actions. In general, foreign investors in manufacturing demonstrate high ingenuity in discovering and exploiting the remaining emerging growing market segments and promising niches in consumer and professional markets and express significant persistence in realizing investment projects. We also demonstrate the methods applied to decrease the uncertainty of the project costs by establishing partnerships with local foreign- and domestically owned companies and the attempts to correct the government’s decisions and regulatory measures that are uncomfortable for foreign investors.
This study identifies how country differences on a key cultural dimension—egalitarianism— influence the direction of different types of international investment flows. A society's cultural orientation toward egalitarianism is manifested by intolerance for abuses of market and political power and a desire for protecting the weak and less powerful actors. We show egalitarianism to be based on exogenous factors including social fractionalization, dominant religion circa 1900, and war experience from the 19th century era of state formation. Controlling for a large set of competing explanations, we find a robust influence of egalitarianism distance on cross-national investment flows of bond and equity issuances, syndicated loans, and mergers and acquisitions. An informal cultural institution largely determined a century or more ago, egalitarianism exercises its effect on international investment via an associated set of consistent contemporary policy choices. But even after controlling for these associated policy choices, egalitarianism continues to exercise a direct effect on cross-border investment flows, likely through its direct influence on managers’ daily business conduct.
Russian multinational enterprises (MNE) expanded widely in the late 1990s through the summer of 2008 at the onset of the global financial crisis of 2008. The emerging market MNEs have now become a subject of intensive study with a particular focus on the actions and behaviors of firms from Brazil, Russia, India, China, and South Africa (BRICS). This paper attempts to flesh out the reputational and corporate social responsibility (CSR) aspects of this internationalization process. The paper finds that in select cases the reputation of a Russia MNE does play a role in their activities and that these emergent firms recognize host country stakeholders as an audience for concern when conducting OFDI.
Drawing on the neo-institutional approach in organizational theory and global strategy, we advance a theory on the impact that differences in cultural egalitarianism have on multinational firms’ decision of where to engage in foreign direct investment (FDI) across the globe. Egalitarianism expresses a society’s cultural orientation with respect to intolerance for abuses of market and political power; it shapes the ways in which firms holding power interact with different stakeholders. After presenting a series of case illustrations, we find a strong negative impact of egalitarianism distance on FDI flows in a broad sample of nations and for different entry modes. Our results are robust to a broad set of competing accounts, including effects from other cultural dimensions, major features of the legal and regulatory regimes, other features of the institutional system, and economic development. These results hold while controlling for origin and host country factors through a fixed-effects specification as well as by using instruments for egalitarianism. We also find that other cultural influences are important as well. Differences in cultural harmony are actually positively associated with increased FDI flows, likely because multinational firms seek countries with lower societal support for entrepreneurship. FDI further tends to flow from high embeddedness to low embeddedness countries, and we link this in part to international regulatory arbitrage on environmental protection regimes.
Innovation studies grew rapidly as an area of research over the last quarter of the twentieth century, as detailed by authors such as Fagerberg (2004) and Godin (2010), and as reflected in handbooks giving overviews of the field (Dodgson and Rothwell 1994; Fagerberg et al. 2004). Research was long dominated by a focus on manufacturing industry, and in particular on ‘high- tech’ industries such as aerospace, the automotive industry and pharmaceuticals. Service innovation had gained substantial attention by the first years of the twenty- first century (cf. Miles 2000), to the point that a Handbook ofInnovation and Services was published in 2010 (Gallouj and Djellal 2010). But innovation in the public sector has been even more neglected in the mainstream of innovation studies. Even in the Gallouj and Djellal Handbook there are only a handful of index references to public services; one chapter is devoted to public health care, but this is mainly an account of one case study (concerning UK diabetes education). With public services constituting a substantial fraction of the services sectors, it is important to put more effort into exploring the scope for fruitful integration of work on public service innovation with innovation studies more generally.
Observed and unobserved regional determinants of FDI inflows: micro level analysis of the food industry firms in Russia The development of Russian food industry is strategically important. Theoretically, the foreign capital inflow will help to renovate, modernize it and increase the productivity. But is it also interesting for foreign investors? What do foreign companies take into account when they invest in Russian food industry enterprises? Could it be special aspects of regional development (observed or unobserved) or only firm level data matters? Does the institutional environment in Russian regions significantly stimulate the inflow of foreign direct investment in Russian food industry enterprises or is the investor interested only in the size of a market? Two samples for 2009 and 2012 years of correspondingly about 5000 and about 7000 food industry companies of different subindustries from different Russian regions are analyzed to give the answer to these questions. The main idea of this investigation is to determine significant regional factors which effect the distribution of the FDI or to show that these items are not important for foreign investors. Russia has more than 80 regions and all of them are highly heterogeneous in terms of climate, geographical characteristics, level of economic and institutional development, industrial specialization, etc. Moreover, enterprises of different industries and subindustrues are different. In this research we take into account these facts investigating a hierarchical structure of the FDI distribution levels. This research consists of several parts: the theoretical part with hypotheses and the overview of the background and the empirical part with testing whether different regional characteristics like the infrastructure, taxation and the regulations in the region and in the neighboring ones play an important role. Spatial effects of these factors and of the economic development are also of our interest. The estimation of a multilevel binary model with spatial effects of analyzed factors gives the idea for the possible solution on the problem discovered above. The comparison of the results for two samples for different years and the investigation of dynamics also are taken into consideration.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/