Technology Transfer in the Space Sector: An International Perspective

This article is an introduction to four articles in this issue, all related to the different policy objectives and approaches of technology transfer in space programs run by the United States, the European Space Agency, Canada, and Russia.     

Entpreprenerial Universities and Technology Transfer: A Conceptual Framework for Understanding Knowledge-Based Economic Development

This paper offers a framework to illuminate the role of universities in systems of innovation. The framework attempts to incorporate economic, social, and political influences that affect the ability of universities to both create new knowledge and deploy that knowledge in economically useful ways and thereby contribute to economic growth and prosperity. The objective of this paper is to build a more general understanding of university–industry relationships and their role in knowledge-based innovation systems.     

版权：一种历史视野

本文将版权这一概念放在历史的视野里进行考察。通过探询英、法、德、中等国历史上的版权概念及其所彰示的理念,比较了特定历史条件下的版权所反映的人们的看法。在此基础上,文章探讨了中国古代没有产生版权法的历史原因。     

Bankruptcy: Past Puzzles, Recent Reforms, and the Mortgage Crisis

This paper discusses four bankruptcy-related policy issues.First, what is the economic rationale for having a bankruptcyprocedure at all and what defines an economically efficientbankruptcy procedure? Second, why did the number of U.S. bankruptcyfilings increase so dramatically between 1980 and 2005? Third,a major bankruptcy reform went into effect in the United Statesin 2005—what did it do and how did it affect credit andmortgage markets? Finally, the paper discusses the mortgagecrisis, the high social cost of foreclosures, and the difficultyof avoiding foreclosure by voluntarily renegotiation of mortgagecontracts, even when such renegotiations are in the joint interestof debtors and creditors. I also discuss the pros and cons ofgovernment programs to refinance mortgages and the argumentfor giving bankruptcy judges new power to change the terms ofresidential mortgage contracts in bankruptcy.     

域外司法改革的价值诉求与目标取向——以日本和英国的司法改革为例

司法改革成为一种世界性的浪潮。从价值层面对域外司法改革活动进行分析,能够清晰地发现司法改革过程中包含着司法目的价值与司法形式价值之间的共生互动。在司法改革的过程中,只有在恪守司法形式价值这个基准的前提下,去追寻司法目的价值,才能在合理、有序的框架下推动司法改革,从而建立完善的司法制度。     

Technology and Technology Transfer: Mansfieldian Inspirations and Subsequent Developments

This paper discusses the foundational work and ideas of Edwin Mansfield to the economics of technological change and innovation, and introduces some of the recent work in the field. I argue that much of the recent work on patenting, technology strategy and the economics of knowledge has roots to the early Mansfield contributions, and that he should be recognized as a pioneer for these recent developments.     

The Historical Overview of the Constitutional Reforms towards Limited Leadership in Tanzania

This paper points out the historical origins of most of the powers that are enjoyed by the President of the United Republic of Tanzania today. This is in essence a contribution to the current debate in Tanzania as to whether there is a need to cut down the broad powers of the President under the Constitution of the United Republic of Tanzania. In its historical perspective, the discussion proceeds by first comparing the powers of the President of Tanzania with those of the former colonial Governor. Having demonstrated the re‐institution of these powers after Independence, through the Republican Constitution of 1962, and the way they were utilized between 1965 and 1992, it is shown that the constitutional and political reforms that took effect from 1992 to date have not sufficiently addressed this problem. The paper proceeds to examine the work of the ‘Committee for the Collection of Views on the Constitution’ of 1999, which was given an opportunity to bring reform in this area, but which according to the author was not sufficiently effective in this regard.     

改制公司中量化股的归属与转让问题研究

改制公司中量化股的归属及其转让问题,一直困扰着我国的司法实践。无论是旧的公司法还是刚刚修改过的公司法,都回避了这一问题。就股东获得的量化股权而言,虽然股东(主要是指企业改制前的企业职工)在企业改制时表面上并未实际支付现金,但股东实际上是以其他方式支付了对价。股东所得到的量化股权与实际出资得到的“现金股”一样,其所有权属于股东个人,公司不得以章程规定等方式限制或剥夺职工的量化股权,更不能强迫企业职工(股东)在离开公司时必须交回公司或由有公司强制性收回。     

从转型范式看近代三次变革及其启示

研究近代中国各种变革的理论范式有两种:"武装斗争的革命范式"和"现代化理论范式".笔者以为,还可以有第三种研究范式,即转型社会理论范式.在转型社会理论范式中,近代三次变革与当今改革具有一定程度上的共构性.近代三次变革所表现出来的经济改革与政治改革的脱节、权力资源的匮乏、无理又无节的症垢恰好也是当前改革开放应该极力避免而又极易堕入其中的问题.     

Technology Transfer: A Contextual Approach

A corporation views effective technology transfer as a necessary element for successful operations. Politicians and Government agencies view technology transfer as critical to a competitive domestic economy. This paper compares and contrasts the technology transfer motives and methods of a corporation and a Government research and technology agency to analyze differences. The analysis reveals that the context, or environment, and the motives of the particular organizational level both reflect the method of technology transfer employed. Motives are not necessarily homogenous across organization levels. Therefore, the successful implementation of technology transfer depends upon creating an environment that will capitalize on the motives that exist at each level, and taking an approach that reflects those motives. The Government approach is to broadcast available technology, whereas that of the corporation is to control its release by targeting recipients. For more effective technology transfer, the Government approach should be augmented by a second stage that considers the individual employee's motivation. Therefore, on the basis of the findings, a two-stage approach to successful Government technology transfer is recommended.     

Past Reflections, Future Insights: African Asylum Law and Policy in Historical Perspective

This article argues that an understanding of the evolution ofasylum is an essential ingredient in the search for ideas andperspectives to the plight facing forced migrants. Using Kenyaas a case study, the paper evaluates the extent to which proceduresused to determine claims for asylum, protection outcomes andentitlements met international human rights and refugee lawstandards. It is contended that limited resources, porous boundariesand the mass movement of asylum seekers have compromised thelevel of protection offered to those who seek surrogate protectionin African states like Kenya. In conclusion, critics in thearea of asylum are challenged to undertake historical studies,as a way towards offering best practise lessons for those involvedin the protection of persons forced to flee their home states.     

Fighting the Siren's Song: The Problem of Amnesty in Historical and Contemporary Perspective

As much of the world gears itself terror, uncomfortable questions may soon nee to be asked. What is to be done with terrorists who are often more popularin their countries that those countries leaders? Can these states afford retribution snd punishment, event at the risk of provoking forces that may lead to further bloodshed and violence? Or, alternatively, should they seek reconciliation and grant offenders amnesty? Or, is the proper solution somewhere in between? It may be comforting to know that these questions are not new, and by examiningthe historical and contemporary debate between the proponents of punishment and those of amnesty, we will be in a better position to make an informed decision when our turninevitably comes to choose. We should pay particulary attention to: what amnesty is, including the problems inherent in its definition; amnesty"s roots in the virtue of foreginess, which is found in most of world"s major religious traditions; amnesty"s historical manifetations in cultures that have adhered to those traditions; the three types of amnesty (moral, just and political) and the historical shift toward exclusively political justifications for amnesty; and classical and contemporary criticsims of and justifications for institutionalized forgiveness, including amnesty. Understanding these issues will not tel us whether it is better toamnesty or not to amnesty, but it will make us equipped to answer that question for ourselves.     

路径依赖视角下中越两国权力监督改革比较

基于路径依赖的微观视角分析,中越两国在权力监督改革方面呈现出三个方面的异同。即,在正式规则方面,两国在改革的深层动力与实践取向上具有共同性,而在宪政制度、国家治理模式、法律规制等方面由于历史传统不同而表现出了差异性;在非正式规则方面,两国改革的共同障碍来源于权力崇拜与服从型政治文化的影响,而意识形态与文化信仰的差异则导致各色监督学说亲疏有别并使得两国权力监督改革表现出不同的变数;既得利益群体在体制变迁惯性推动力方面,其共同性表现为态度认知与风险成本使得内发式监督几无可能,而差异性则表现为由权力红利的积累速度、总量及对社会分配的影响而导致不同的改革难度与压力。从本质上看,中越两国权力监督改革能否成功,关键取决于执政党对改革是否保持有效的控制力。     

Entrepreneurship and University Technology Transfer

This paper argues that it is important to devote greater attention to the study of entrepreneurship in technology transfer in the light of greater government attention, the growth in the phenomenon, the need to identify how wealth can be created from spin-outs, changes in the cultures of universities and differences with technological entrepreneurship in general. The paper summarizes the contributions made by the papers presented in the special issue in terms of their levels of analysis. At the spin-out level, issues are raised concerning identification of typologies of spin-out firms, the evolution of spin-outs and external resources. At the university level, issues concerning policies, internal resources and processes are discussed. An agenda for further research is elaborated which relates to the need to examine further levels of analysis: the academic entrepreneurs themselves and how they recognize opportunities and shape their ideas to meet the market; the nature of internal university environments, processes and resources; and the nature of the scientific discipline which may have implications for the process of creation and development of spin-out ventures.     

技术转让与许可贸易中的谈判

技术转让是指拥有技术的一方通过某种方式将其技术出让给另一方使用的行为.物品转让是所有权的转让,与此不同,技术转让一般只是技术使用权的转让.一件物品只能完整地转让给一个对方,原物主也将因转让而丧失对该物的所有权.而一项技术可同时完整地转让给多个对方,且原有技术的持有者并不因转让而失去对该技术的所有权.