Research On The Operational Mechanism And Patterns Of Patent Alliance

Science and technology progress by leaps in the knowledge economy,and knowledge becomes the first productive forces.In order to adapt the development of knowledge economy,the intellectual property rights system which protects intelligence achievement attracts unprecedented attention.Developed countries such as US and Japan consider intellectual property rights as one of their national strategies.Under the national macroscopic guidance and realistic benefit driven,more and more multinational corporations take intellectual property rights as the edge-weapon of the market competition,grasp them firmly in the hand,in order to maintain their preponderant status in the fierce global competition,and obtain rich profit.Seen from the reality of China,especially after joining WTO,many multinational corporations construct various trade barriers in the excuse of intellectual property rights,which bring serious threat to Chinese indigenous enterprises.Patent pool is precisely the very popular intellectual property rights strategy they frequently use.What is more,some of them even limit the carrying out of Chinese standard by way of patent pool.In fact,China's DVD enterprises have received huge influences from the patent pool of 3C,6C,etc.And China's telecommunication manufacturing industry and service industry are also facing the problem of 3G platform choice.In the MPEG technology standard,the establishment of the second generation of the Global System for Mobile Communications standard(GSM),as well as the competition between Chinese and foreign Wireless Local Area Network(WLAN) and the third generation of mobile communications(3G),are all suffering the influence of patent pool.Therefore,strengthening the research of patent pool,understanding the basic connotation,the operational mechanism,the movement pattern,the organizational characteristics of patent alliance,and its influence to our national economy development,have vital practical significance and theoretical value.Especially under the background of China's emphasis on independent innovation,Chinese enterprises should positively utilize patent alliance to protect the innovation achievements from proprietary intellectual property rights.Otherwise,it is difficult for the effect of innovation to display,and even expire.Taking patent alliance as the research object,the important content of this paper is as follows.Firstly,the elementary theory of patent alliance is discussed,including the theory of strategic alliances,intellectual property rights,competitive advantage, and technological innovation.Secondly,the connotation,characteristics and patterns of patent alliance is presented.Thirdly,the benefit relationships,constraint condition, information asymmetry,instability,risks and contractual relationships in patent alliance are all discussed.Simultaneously,the contract mechanism in the operation of patent alliance has been studied by using the knowledge of game theory and information economics.Fourthly,the coordination mechanism of intellectual property rights is investigated.The development,utilization,cross-authorization coordination and conflict resolution of the intellectual property rights in patent alliance are all discussed.Fifthly,based on the operational pattern of the life cycle of patent alliance, the author has summarized the operational patterns,the condition and the characteristics during each stage of patent alliance.Sixthly,domestic and foreign cases of patent alliance are displayed.Taking Hunan Sunward Intelligent Machinery Co.,Ltd as example,the author proposes constructive suggestions for the establishment of China's patent alliance in China's construction machinery industry.