English  |  正體中文  |  简体中文  |  全文筆數/總筆數 : 51296/86402 (59%)
造訪人次 : 8169193      線上人數 : 72
RC Version 7.0 © Powered By DSPACE, MIT. Enhanced by NTU Library & TKU Library IR team.
搜尋範圍 查詢小技巧:
  • 您可在西文檢索詞彙前後加上"雙引號",以獲取較精準的檢索結果
  • 若欲以作者姓名搜尋,建議至進階搜尋限定作者欄位,可獲得較完整資料
  • 進階搜尋
    請使用永久網址來引用或連結此文件: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/87311

    題名: International joint ventures in light of weak intellectual property right law enforcement in the people's Republic of China
    其他題名: 中國智慧財產權執行不力下之國際合資問題研討
    作者: 潘啟明;Epand, Michael
    貢獻者: 淡江大學國際企業學系碩士班
    林宜男;簡仁德;Lin, Yi-Nan;Chien, Jen-Ter
    關鍵詞: 國際合資;直接投資;智慧財產權;侵犯;保護;Joint Venture;Foreign Direct Investment;Intellectual Property Rights;infringement;protection
    日期: 2012
    上傳時間: 2013-04-13 10:56:57 (UTC+8)
    摘要: 國際合資是當今許多企業欲在海外市場營運所選用的模型。該模型顯著的優點在於低投資成本及政府的獎勵措施。然而在智慧財產權保護制度不彰的國家,鑒於專利被侵犯的高風險,合資僅被視為在外人直接投資模型之下的次選項。企業傾向選擇外商獨資的做法;其以對資產的有力控制及智財權的掌握為顯著優勢。



    International joint venture (IJV) is a mode of investment chosen by many firms, seeking to operate in foreign markets. It is chosen because it offers substantially lower costs of entry, and other government incentives. However, in countries with poor intellectual property right (IPR) protection regimes, JVs are a secondary choice as a mode of foreign direct investment (FDI). Due to a high risk of IPR infringement, firms prefer wholly foreign owned enterprises (WFOEs) which offer granular control over the entire venture and most important the use and dispersion of its intellectual property.

    This study has two main goals. The first is to understand why IJVs are risker than WFOEs thus leading most foreign investors to abandon the IJV as a mode of FDI in China. This is examined from the angle of technology spillover and then from that of the various elements that make technology spillover more likely to occur in IJVs. Due to the riskier nature of IJVs and the poor IPR protection regime in China, the second goal, is to offer country specific IPR protection methods that can be used by foreign firms in order to avoid IPR infringement.

    This study reviews the literature pertaining to technology spillover that results from IJV. Based on this review, we conclude that of the two modes of FDI, IJVs are more likely to result in technology spillover, and consequently a higher risk of IPR infringement. This occurs because of the closer contact firms in IJVs have with their partners as well as upstream industries that supply the JV. The proximity with foreign partners, gives local firms an opportunity to learn from the experience of being in a joint operation. This learning experience, in turn, allows firms to advance their knowledge and capabilities and raise their stature to international levels. However, this knowledge may later be used to compete with the foreign firm, and can be especially harmful if this knowledge includes the foreign partner’s intellectual property. For these reasons, IJVs are riskier than WFOEs as a mode of FDI.

    To address the risky nature of IJV, this study synthesizes IPR protection recommendations from the literature for firms that want invest via IJV in China. In this study we offer five IPR protection methods that do not rely on IPR law and law enforcement system in China. These protection methods are separated into two groups. The first is aimed at making it more difficult for other firms to recognize the source of a company’s competitive advantage, with particular emphasis on the company’s technology. These methods include: keeping key elements of a technology secret; purposely making the technology more complex or specialized; and lastly, educating customers in ways that they find it more beneficial to purchase original products. The second group includes the creation and maintenance of internal and external guanxi. That is, crafting relationships based on trust and friendship with stakeholders within as well as without of the JV, thus creating social barriers to reduce the chances of IPR infringement.
    顯示於類別:[國際企業學系暨研究所] 學位論文


    檔案 大小格式瀏覽次數



    DSpace Software Copyright © 2002-2004  MIT &  Hewlett-Packard  /   Enhanced by   NTU Library & TKU Library IR teams. Copyright ©   - 回饋