CC BY
34
♦
♦
Development of appeal strategy and its estimation, to define the interests of the chief participants of the investment projects on the basis of financial flows, may be carried out with the help of the following resulting equation:
n = Y - =Y {ni - O
h (1 + d)t-1 h(1 + d)tl 1 (1)
where - is an efficacious financial flows for separate years of the main enterprise activity; n - financial influx of the main activity for a corresponding year;0 - financial deflux of the main activity for a corresponding year; t = 1, ..., T -index of the year changing; d - discount rate.
If designate efficacious indices , used for making decisions on investment, as R. by common figure i = 1, 2, ...,and through f. function R of financial flows under acceptable values of indices, minimum and maximum R, then a model of making decisions for investment appeal management would take the following form:
Rmax ^ Ri = f(ff) ^ R mn* = 1,2.............. (2)
The suggested approach may be strengthen if we divide financial influxes and defluxes in four groups: defluxes increasing the strong sides of the enterprise, influxes increasing the strong sides of the enterprise, influxes affecting the weak sides of the enterprise, and defluxes affecting the weak points of the enterprise. In this case using a SWOT-analysis method may throw a new light upon financial flows as determinants of the enterprise's status [4].
Positioning of the industrial enterprise aimed at definition of investment appeal management strategy may be presented in the form of a table.
Positioning of the industrial enterprise aimed at definition of its investment appeal management strategy
Based on everything mentioned we may conclude, that the investment influx in development of industrial enter-
prise may be only under favorable investment climate, i.e. under effective strategy of investment appeal management. In this occasion it's very important to get rid of weak points and investment threats (according to SWOT-analysis). Mark, that the weak points of the investment sphere of industrial production may be called administrative barriers for running business, weak information provision of investment process, high customs rates, weak competitive legislature, and low reputation of Russian enterprises. The threats are -high level of dependency of political and economic stability on the situation of the world oil markets, absence of agreed and purposeful policy of foreign investments attraction, weak investment legislature, amortization of basic funds, and low level of available production sites. Despite the fact that investments in industry are distinguished by growing appeal, the process is marked by the high level of investment risk. However, it should be acknowledged that investment risk factors lie in the political-legal area, and consequently, may be overcome with fewer efforts than flops of the economic-material nature.
Estimation results of the internal options, determining the strategy of investment appeal management of industrial enterprises, are the basis of activity in overcoming the shortcomings while realizing the market advantages and taking into account found opportunities and threats. They allow investigating the nature of strong and weak sides of the enterprise from the point of certain internal (endogenous) factors and also positive or negative impact of external (exogenous) factors, determining crisis development of the enterprise.
Analyzing financial flows for estimation strong and weak points of the development of a managing subject, we may find out that the division of financial flows into influxes and defluxes definitely affects the investment appeal of the enterprise.
1. Blank I. A. Financial management: course of study. 2nd edition. Reviewed, Kiev. Elga,Nika Center, 2004.
2. Lakhmetkina N.I. Investment strategy of the enterprise. M.: KNORUS, 2007.
3. Repin V.V., Eliferov V.T. Process approach to management. Modeling of business-processes. The 7-th edition, M.: Standards and quality, 2009.
4. Tarelkin A.A. Influence of balance of the proper and borrowed means on the investment attractiveness and solvency of the enterprises // Economic science. 2009. № 10 (59).
5. Tarelkin A.A. Methodological approaches to definition of investment attractiveness of the real sector of economy as a part of investment climate of the country // Business, management and. 2010. № 1 (21).
6. Tarelkin A.A. The constituents of investment attractiveness of the industrial enterprise // Russian business. 2010. № 3.
7. Shirokova G.V. Strategies of Russian companies at different life cycle-stages: attempt of empiric analysis // Collection of scientific works of the institute of research of management of St Petersburg university. 2006. № 5.
Characteristic of production and marketing Characteristic of processes and management
Market share Marketing skills audit
Innovations and inventions Estimation of activity results in comparison with companies of similar characteristics (job capacity, number of em-Doyees. sales volume)
P rodu ct bn p roces se s stat e Influence of controlled variables on the resulting indc-es: capital structure, assets, financial resources state provides appropriate level of financial stability and growth of enterprise cost
удк 347.77 E.T. Trubnikova
NORMS OF COPYRIGHT AND PATENT LAW IN THE CONTEXT OF PROPRIETARY MODELS
The article discusses the relation of norms of copyright and patent law and behaviors of industrial producer. The author analyzes the «extend the right to request» tendency. The author investigates the differences of strategies of industrial products and the availability of authorized vendors depending on the behavior of the manufacturer
Key words: interoperability model, a proprietary model, the right-holder, rents, an authorized manufacturer, copyright and patent right of.
Е.И. Трубникова
НОРМЫ АВТОРСКОГО И ПАТЕНТНОГО ПРАВА В КОНТЕКСТЕ ПРОПРИЕТАРНЫХ МОДЕЛЕЙ
В статье рассматривается соотношение норм авторского и патентного права и выбранной модели поведения производителя промышленных товаров. Анализируется тенденция «продления срока права по запросу». Исследуются различия стратегий производителей промышленных товаров и наличие аффилированных структур и авторизованных поставщиков в зависимости от модели поведения производителя.
Ключевые слова: интероперабельная модель, проприетарная модель, правообладатель, рента, авторизованный производитель, авторское и патентное право.
In accordance with modern legislation of majority of countries in order to motivate investor in innovations, inventions are protected by copyright and patent law. The copyright on the invention allows the authors or the rightholders certain monopoly to make decisions in respect of changing and usage of invention. Unlike the author the right-holder has indirect relation to the process of invention. More often, he acts as a simple employer, who on the contract basis is financed and allowed to realize some invention. If it was done during a working day of a hired employee the right-holder gets the right for rents from this invention and its modification. Peculiarities of modern society are of that kind that even other individuals' actions to create favourable conditions and advantages for inventions are prosecuted by the criminal law, as far as they violate the norm of copyright.
The legislations of different countries have their own peculiarities of copyright protection, but in many aspects they tend to convergency of relations and ratification of norms in the given sphere. It means, that violation of copyrights in one country may involve prosecution in other countries.
National legislations establish various terms of exclusive right for invention, for example in Russia [1] the exclusive right lasts for the whole life of the author and 70 years, beginning from January 1-st of the year after the author's death. After expiry term of the exclusive right the invention becomes the public property
Due to the right-holders' lobby , there is a world tendency of extention the right at request. There is an interesting case connected with the Copyright Term Extension Act, so-called Mickey Mouse Protection Act . This act is also known as Sonny Bono Copyright Act -named after the congressman “Disney senator”. According to this the termless right-hold was fixed due to lobbying in 1998, so as the law created a precedent “to extend the right at request”. 1998 Act prolonged company's copyright for 20 years for creations with expiring copyright term. Establishing the term of exclusive copyright makes unequal conditions for creations of the same author for different periods, and creations of authors with different lifespan. The correlation of author's copyright and patent law creates enormous problems.
Patent law involves the objects of industrial property. Copyright implies a document granted to the holder to confirm his rights: acknowledged right as the author, right to make decisions concerning the usage of the object of industrial property.
Patent law protects the rights of the author, enables him to get income from innovation only during 20-25 years, as far as the object of copyright would bring income for its holder during all his life, and even his heirs will get rents
from the usage of creations of the author. Consequently, inventors and engineers are in unequal conditions with the authors, whose creations are under the cover of copyright.
Intellectual work as a result possesses the right to get rents for various terms.
The object of patent law must undergo the registration procedure and observance of certain formalities, while copyright doesn't require registration of the invention or observance of some conditions [1]. Registration of the program products is possible by request of the right-holder.
More frequently the lobbyists of copyright and patent right are the large manufacturers, able to generate the objects of copyright and patent law and purchase these rights from the other authors. Very often the emerging of new technologies are hidden by manufacturers in order to avoid rents payment of the established steady technology. Dominating of right-holder's interest over the society's goals is an obvious phenomenon. Representatives of the proprietor behavior model are more likely lobbying the copyright and patent law. In our opinion, the differences in chosen behavior strategies are directly connected of a manufacturer and the objects of copyright and patent legislature.
Proprietary strategy implies the usage of closed standards and prevents the other manufacturers to render services, initiated by the product or equipment. The manufacturer, following the given strategy, will be called a proprietor (French - proprietairae, Latin - proprius - собственный). Manufacturer choosing a proprietary strategy, which lacks interoperability, narrows the list of functional, inherent to sold equipment, or determines the supplier's list, services of which are available to the consumers. Proprietary strategy implies rather rigid frames for affiliated suppliers and equipment functional, allowed by the manufacturer [2, p. 84 - 89]. Manufacturers of the given model frequently use non-marketable “price dictate” mechanisms to the consumers, and , consequently, to the initiated service, and towards the authorized service manufacturers, getting a certain rent for the access or authorization. Sometimes such manufacturers hinder from positive modifications of their equipment against the interests of society. Social development is under a strong influence of subjective interest of large manufacturers- proprietors. Manufacturer is not only deprived the incentive to take extra expenses, he is not interested in changing the technological structure, as far he can't predict his position on a new market. High-tech industrial goods of manufacturer-proprietor have high shifting costs, because the services of unauthorized suppliers would hardly be bought. The norms of copyright, and net- effect of existing proprietary
♦
♦
equipment on a market prevent emerging of competition. The right-holders may use various schemes to preserve its existing rent-earning status.
Manufacturer often selects different behavior models for separate products, thus competing the representatives both proprietary and interoperable strategies. The manufacturer often chooses various behavior models for single products, thus competing with the representatives of proprietary and interoperable strategies. The manufacturer chooses lobbying of characteristic standardization of its product in relation of the interoperable products. The lobbying of copyright and patent legislature is carried out towards the proprietary products. HTC, Iconbit, Asus are the examples of the companies, following the interoperable model of behavior Apple, Sony, HP are manufacturers -proprietors. It should be noted, that the given examples are of conventional nature: proprietary strategy of Apple company has a rather vivid character, and the product line of Asus net-books is partly proprietary, but a separate distributive Linux - Eeebuntu under the licence of free software GNP GPL is developed especially for them.
Such quality of proprietary system allows to consider any site, restricted by the right of property, ownership, regulation or engineering. It may be park, restaurant or any other establishment territory, in the frames of which the services or sale of goods may be done only by the authorized vendors. It may be the car's saloon, where the peculiarities of the design provide the usage of only the equipment of the authorized manufacturer. BMW Station for Apple IPhone is the example of such model, supplied the BMW cars [4]. The other manufacturers are simply not allowed on this market and don't have abilities to find a final consumer, because the usage of their products will involve significant costs or inconveniences.
The choice of the behavior model on the market is determined by the ability of manufacturer to participate in rent distribution from the equipment usage. If the manufacturer is able to serve and upgrade the equipment, form the authorized complex of services, initiated by the technological
peculiarities of equipment and has the resource for lobbying his interests in a regulator circle, he is inclined to choose a proprietary model of behavior. Under interoperable strategy he may increase the rent from invention due to the standardization of characteristics of his product or increasing of the market share. If the option of strategies is successful the manufacturer possessing a certain market niche can obtain a long-run usage of invention.
The remarkable feature of domestic industry is the absence of its own developments. As a result - domestic manufacturer either can't choose a proprietary model of behavior or suffer increased industrial costs if he chooses it. In the total the product price on the market is much higher than of the competitive models. As consequence, motivation of consumer will be done via protectionist methods or unfair competition (GLONASS). Domestic products of high-tech branches account for less 1%, the economic growth of Russia through technological sectors account for 8%, while in developed countries this index is at the level of 60% [3, p. 4 - 11]. The fact of fixation of timeless right-holding for the objects of copyright, innovations and inventions has negative externalies for society development. Depending on the personal manufacturer's interest there is a lobbying either toughening or mitigating of norms of law. According to the social conflict theory bad institutions appear as a result of absence of profit to groups, possessing political power, or, as in our case, resources or influence leverages. It is necessary to develop institutional norms, promoting motivation of manufacturers to positive externalies of innovations.
1. Civil code of Russian Federation 18.12.2006 № 230-03 (approved by the State Duma of RF in 24.11.2006) p. 4 art. 1259, 1281.
2. Trubnikova H.I. Strategy of interoperability of products under conditions of manufacturers integration // Samara State Economic University.
3. Fedorov I. Engineering training: state, problems, prospects // Higher education in Russia. 2008. №1.
4. URL: (Date of access: 1.03.2011).
удк 338.45 VM Khanin
TRENDS OF TARGET COSTING CONCEPTION IN THE INDUSTRY
Approaches to cost management, developed in a domestic science are considered. The basic methodological positions of a Japanese cost management method are described. Problems and target-costing prospects development and its introductions at the domestic enterprises are established.
Key words: target costing, industry, cost price, competition, enterprise.
B.M. Ханин
ТЕНДЕНЦИИ РАЗВИТИЯ ТАРГЕТ-КОСТИНГА В ПРОМЫШЛЕННОСТИ
Рассматриваются подходы к менеджменту затрат, выработанные в отечественной науке. Описываются основные методологические положения японского метода управления затратами. Определяются проблемы и перспективы развития таргет-костинга и его внедрения на отечественных предприятиях.
Ключевые слова: тарает-костинг, промышленность, себестоимость, конкуренция, предприятие.
Today many machine-building enterprises face the prob- much attention to it. Thus, according to one of the approach-
lem of cost lowering. Modern domestic economists pay es, all costs of enterprises are divided into two groups:
