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Research On The Impact Of Intellectual Property Judicial System Reform On Technological Innovation

Posted on:2024-02-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y WeiFull Text:PDF
GTID:1526306917994999Subject:Western economics
Abstract/Summary:PDF Full Text Request
Since the Reform and Opening up,China has made remarkable achievements in technological innovation and successfully entered the ranks of intellectual property powers.However,the reality of "large but not strong" and the difficulty of technological innovation to meet the requirements of Chinese path to modernization has forced us to think about how to "grow from large to strong" and build China into an intellectual property power.This is not only a key issue in promoting socialist modernization through the construction of a technological powerhouse,but also a practical background for deepening the reform of the intellectual property judicial system.From the perspective of modernization of national intellectual property governance,the basic orientation of judicial system reform is judicial specialization and integration,and the establishment of specialized courts is its practical practice;From the perspective of reform goals and responsibilities,judicial system reform not only has the goal of improving the intellectual property judicial system and establishing an intellectual property judicial system,but also bears the significant responsibility of promoting technological innovation and promoting the transformation of national development strategies.Therefore,it is necessary to conduct in-depth and systematic research on the economic consequences of the reform of the intellectual property judicial system and its effects on technological innovation,in order to provide theoretical basis and practical guidance for China to quickly achieve high-level technological self-reliance and modernization of intellectual property governance.Based on the above research background,this article takes the intellectual property specialized court as an example,starting from the perspectives of the operational effects and economic consequences of the intellectual property judicial system reform,the impact of the intellectual property judicial system reform on technological innovation and technology transactions,and reviews existing research literature,identifies the shortcomings of previous research,and conducts relevant analysis on this basis.The research results show that:First of all,through the comparative analysis of Chinese and foreign intellectual property courts,it is found that the three intellectual property courts established in Beijing,Shanghai and Guangzhou in China have the characteristics of exclusive jurisdiction,joint office and cross regional jurisdiction,reflecting the comprehensiveness of the policy pilot work.In addition,using the national and regional macro data of intellectual property cases and the case level micro trial data to analyze the operation effect of the special intellectual property court,it is found that the number of relevant cases,trial efficiency and quality have improved after the establishment of the special court,especially for the amount of compensation and defense support rate of the defendant in patent infringement cases.Secondly,this article examines the impact of intellectual property specialized courts on technological innovation from both the application and existence of patents.Specifically,in terms of patent application,this paper uses the urban macro panel data and the two-way fixed effect model based on the multi time point double difference method to analyze and find that the intellectual property court can urge the innovation subject to abandon the utility model patent innovation project,shift the future innovation activities to invention patents,and gradually improve the imbalance of interests in the patent system.Subsequently,this article analyzes the role of intellectual property specialized courts in enhancing the quality and value of enterprise innovation through the use of enterprise micro data,indirectly proving the characteristics of the transfer of subsequent innovation activities to high-quality innovation.In terms of patent survival,this paper also uses the urban macro panel data and the two-way fixed effect model based on the double difference method to analyze and find that the intellectual property court can change the patentee’s willingness to hold low-quality patent assets,increase the litigation risk and maintenance cost of low-quality patent holders,force them to reduce the renewal behavior of low-quality patent problems,and change the flow of effective patents,Accelerate the elimination of patent foam and improve China’s patent structure.In addition,the reform of the intellectual property judicial system provides a good application environment for courts to indirectly evaluate the effectiveness of patent rights,and to some extent,breaks down the institutional barriers between judicial and administrative procedures in patent confirmation cases.In this paper,Bacon decomposition test,robustness test of counterfactual estimation and other robustness tests are carried out on the above research results,and it is concluded that the estimation results in this paper have good stability.Once again,this article examines the impact of intellectual property specialized courts on technology transactions from both a macro perspective of the operation of the technology market and a micro perspective of patent technology transactions.Specifically,from the macro perspective of the operation of the technology market,this paper uses the two-way fixed effect model of urban panel data and multi time point double difference to analyze and find that the intellectual property court can effectively promote the increase of the thickness of the technology market,and has a strong technology resource allocation effect,especially for the optimization of excessive technology resource allocation.However,The increase in the thickness of the technology market will lead to a serious crowding effect and reduce the smoothness of the technology market.The robustness test results such as Bacon decomposition,counterfactual estimation,and exclusion of alternative explanations prove the robustness of the above research results.From the micro perspective of patent technology transaction,this paper uses the fixed effect model of enterprise patent licensing data and the classic double difference method to analyze and find that the intellectual property court will affect the licensor’s patent licensing behavior in the whole stage of patent application authorization,making it more inclined to reduce the number of foreign patent technology licenses to prevent potential competitors from entering the market,strengthening its relative monopoly position in the market,The relevant robustness test proves that the results are credible.Finally,in order to better promote the completion of the goals and tasks of the reform of the intellectual property judicial system,improve the intellectual property judicial system,promote technological innovation,and promote the transformation of national development strategies,this article combines the main conclusions of the above research and proposes to improve the efficiency of technical fact review and technical case trial,emphasizing the rapid reform of parallel procedures in intellectual property infringement cases,Correctly handling the relationship between innovation incentive policies and the patent system,focusing on improving the market-oriented system of the technology market,and other countermeasures and suggestions.
Keywords/Search Tags:Reform of Intellectual Property Judicial System, Intellectual Property Court, Tech-nological Innovation, Technology Transaction
PDF Full Text Request
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