Enterprise Early Warning Mechanism And Strategy Of Patent Infringement Litigation

The increasing foreign patent infringement litigation becomes one of the main crisis of Chinese enterprises internationalized operation in the knowledge economy era. It is a potential threaten to sustainable development of enterprise, industry interests and national economic security, and also a growing uncertainty which may cause damage. If there is no control, such uncertainty may turn to reality. Facing the increasing foreign patent infringement litigation, our enterprises must take positive measures to control this situation rather than wait. An effective way is to build the early warning mechanism which considers patent infringement litigation as one of crisis that the enterprise may encounter and build precautionary and treatment measures and system in advance to evasion and defuse the damage by patent infringement litigation.Cooperations should treat the patent infringement litigation as "a situation" not "an event", and consider it as a dynamic, relative situation which brings threaten uncertainty to production and management of enterprises. Early warning theory are introduced into solutions and precautions of foreign patent infringement litigation, in order to build a comprehensive patent infringement litigation early warning mechanism.For the happened conflict, every participant will give different choice on whether using litigation way according to law. Prediction parameters of behavioral man is introduced into traditional "cost-profit" model from litigation psychology point of view based on behavioral law and economy theory. "What might to do" are turned to "What to do in practical", by analyzing the induction causes that lead behavioral man to start patent infringement litigation.Every mechanism is a system consisted of several parts aiming at one goal. An intact effective early warning mechanism should include information collection, data monitoring, risk identifying, tendency prediction, result judgment and precaution measurement. Early warning management of patent infringement litigation is a new function placed in the enterprise organization. The key part for normal operation of early warning mechanism is the cooperation of strategy management, decision management and execution management of enterprise. The organization, information platform, index system and operation flow of early warning management of patent infringement litigation are studied and proposed a comprehensive assumption and method for connection of original sub-system inside the enterprise.The key problem of enterprise early warning of patent infringement litigation is scientific judgment of the probability on patent infringement litigation and an appropriate index system of early warning. In order to guarantee the precision of mathematical analysis and include subjective and uncertain parameters, cooperations can use both determined and quantified methods to fix the specific early warning indexes and build the index system including target level and parameter level by level analysis method, during building early warning index system of patent infringement litigation. In the meantime, considering the accuracy of index choice and analysis, the early warning of patent infringement litigation should be divided as three levels including initial early warning step, target enterprise judgment step and precise early warning step. Every step has its own key point and corresponding specific indexes, from shallow to deep, step by step.How to use limited plans dealing with various crisis situations in the future is the key point during response plan formation. When starting decision based on the plan, the main body of decision usually analyze every key parameter and make the rational decision. A patent infringement litigation response plan formation method based on plan unitization are proposed. Firstly, plan units for every key parameter of the crisis are made, and then based on situation change of the chosen crisis, integrate and adjust different plan units to generate the whole response plan for new situation.Crisis is rarely determined by just one parameter. It is a long term mutual accumulation result by both inside and outside parameters with inter-impact and interaction. The patent infringement litigation is a comprehensive result by inside and outside parameters of enterprises. The long term system for preventing patent infringement litigation are studied and the construction of inside and outside system are discussed. By completing the two systems, the happen of patent infringement litigation can be prevented or controled.In the end, the 337 investigation of the mercury free alkaline battery are used as an example, analyzing with proposed early warning indexes. The result shows that the proposed indexes give effective early warning signals and reviewed the unitization plan based on the situation response theory.