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专利行政执法对专利申请量的影响研究——基于R&D投入与FDI流入的中介作用
引用本文:苏世彬,陈月勤.专利行政执法对专利申请量的影响研究——基于R&D投入与FDI流入的中介作用[J].科研管理,2006,41(1):130-141.
作者姓名:苏世彬  陈月勤
作者单位: 福州大学 经济与管理学院,福建 福州350108
摘    要:本文采集中国省级面板数据,以R&D投入、FDI流入及其交互作用为中介变量探索专利行政执法与专利申请量的关系,研究结果表明:(1)R&D投入、FDI流入在专利行政执法正向影响专利申请量中具有中介作用(2)专利行政执法通过FDI流入正向影响专利申请量效应小于专利行政执法通过R&D投入正向影响专利申请量;(3)R&D投入与FDI流入的交互作用在专利行政执法负向影响专利申请量中具有中介作用。以上结果不仅完善现有专利行政执法研究,还佐证和丰富现有知识产权保护相关理论文献,从而为国家更好地制定专利行政执法政策以推动我国创新型国家创建提供理论依据。

收稿时间:2019-01-11

A research on the effect of patent administrative enforcement on patent application amount—The mediating role based on R&D input and FDI inflow
Su Shibin,Chen Yueqin.A research on the effect of patent administrative enforcement on patent application amount—The mediating role based on R&D input and FDI inflow[J].Science Research Management,2006,41(1):130-141.
Authors:Su Shibin  Chen Yueqin
Institution: School of Economics and Management, Fuzhou University, Fuzhou 350108, Fujian, China
Abstract:“ZTE sanctioned” and “Huawei banned” in Sino-US trade war show that international competition is science and technology(S&T) innovation competition. In order to construct an innovative country and to realize the Great Rejuvenation Dream of the Chinese Nation, it must insist on the way of indigenous innovation with Chinese characteristics and conducting innovation-driven development strategy by developing national S&T innovation strongly .Patent is the most important index of S&T innovation, which determines existing national S&T innovation′s competitiveness and its potential. Therefore, a variety of enterprises ranging from large enterprises to middle and small and micro- sized enterprises should be encouraged to apply for patents with indigenous intellectual property abundantly. However, the intellectual property risk index in China ranked second in Asia. patent application faces a great deal of patent infringements ,which restrains the enthusiasm of innovators to some extent. As a result,it makes a seriously negative effect on the growth of patent applications in China. In order to increase patent applications numbers in China, China implements dual-track patent protection system, includes administrative law enforcement and judicial protection. Compared with patent judicial protection, patent administrative law enforcement is more popular as enterprises can′t afford financial constraints and times cost by judicial remedies. However, the features of fast, high efficient and convenient for patent administrative law enforcement can not only reduce the cost of patent infringement protection, but also improve the income of patent application, which is very beneficial to most enterprises, especially to middle and small and micro- sized S&T type enterprises. Therefore, it is of great practical significance to study the relationship between patent administrative enforcement and the amounts of patent applications.The research on patent administrative enforcement originates from intellectual property protection, however, the earliest research on intellectual property protection comes from GP index. Then, domestic scholars have added administrative law enforcement on the basis of GP index, which makes patent administrative enforcement appear in academy as a sub-index of intellectual property protection. By now, there exist few research on the relationship between patent administrative enforcement and the amounts of patent applications. Indirect research dispersed in patent administrative law enforcement, the relationship between intellectual property protection and the amounts of patent applications. The existing research have the following characteristics: First, the existing research demonstrates the necessity and importance of patent administrative enforcement and its situations in China, but are lack of research on the relationship between patent administrative enforcement and the amounts of patent applications, which constitutes the source of this paper. Second, the existing results show that intellectual property protection positively influences R&D input and FDI inflow, while R&D input and FDI inflow positively affect the number of patent applications. However, whether the above standpoints are suitable for the relationship among patent administrative enforcement, R&D input,FDI inflow, and the amounts of patent applications remains to be verified. Moreover, whether there exists special relationship among patent administrative law enforcement, R&D input,FDI inflow and the amounts of patent applications, which need to be studied furtherly, and which form the second sources of the paper.Therefore, the paper gives three hypotheses by theoretical infer such as R&D input plays an intermediary role in the positive influence of patent administrative enforcement on patent application, FDI inflow positively influences the positive relationship between patent administrative enforcement and number of patent applications as an intermediary, the interaction between R&D input and FDI inflow plays an intermediary role in the negative impact of patent administrative enforcement on patent application. Then, the paper defines explanatory variables, explained variables ,control variables and the intermediate variables such as patent administrative enforcement(PEi,t), the amounts of patent applications (NAAit), R&D personnel full time equivalent (Humit), market competition intensity (Lnait), physical capital investment (Pciit), the level of education (Eduit), R&D input(R&Dit), FDI inflow (FDIit). Finally, the three hypotheses are analyzed deeply by constructing nine models through panel model,yit=i+X′itβi+uit,i=1,2,…N;t=1,2,…T, the robustness analysis shows that the study is reliable.The paper draws the following conclusions: (1) Patent administrative enforcement positively influences the amounts of patent applications through R&D input, which supports the research result of intellectual property protection influencing technological innovation through R&D input in references\11,13\]; patent administrative enforcement makes positive effect on the amounts of patent applications through FDI inflow, which supports the research result of intellectual property protection stimulates FDI inflow to promote technological innovation in China in references\12,14\].(2)The effect of FDI inflow mediating role in patent administrative enforcement′s positive action on patent application is smaller than the R&D input mediating role in patent administrative enforcement′s positive action on patent application, which deepens and perfects the existing research. (3) Patent administrative enforcement negatively influences the amount of patent application through the interaction effect between FDI inflow and R&D input, which is supplement to the intellectual property protection literatures as it is rarely studied. Obviously, the above conclusions deepen the research results of patent administrative law enforcement, and is an exploration to the mechanism between patent administrative enforcement and the amounts of patent applications, moreover, the above conclusions perfect the existing theoretical results of intellectual property protection.According to the research background and three main research conclusions, the following four policy recommendations are suggested: (1) enhancing the national awareness of S&T innovation, which pave the way for patent administrative law enforcement to promote the increase of patent applications. By “ZTE sanctioned”and “Huawei banned”in Sino-US trade war, it must launch nationwide discussion on the importance of S&T innovation, and popularize a new round of national awareness of S&T innovation so as to make a basis for public opinion of the implementation of patent administrative enforcement and the increase of patent applications in China through old and new medias.(2) Taking all kinds of effective measures to stimulate the enthusiasm for domestic S&T-type enterprises in R&D input, and encourage to attract FDI inflow. To realize the policy effects of conclusions 1, it must enhance R&D input enthusiasm for domestic enterprises, the government can guide domestic S&T-type enterprises to S&T innovation by policy-making, and enhance the enthusiasm and initiative of S&T-type enterprises to increase R&D input through the implementation of various enterprises S&T innovation support policies. Meanwhile, China′s development is inseparable from the world development, it must conform economic globalization trend adhere to opening to the world and make full use of the advanced technological achievements and beneficial management experience created by human society, therefore, it must introduce high-quality FDI vigorously and promote the amounts of patent applications in China through the introduction of FDI. (3) Adhere to increasing domestic R&D input, supplemented by FDI inflow. Conclusion 2verifies Xi Jinping′s statement “The core technology is subject to other country is the greatest danger, and the core technology can not get by relying on others, only by relying on ourselves”, therefore, in order to improve the positive effect of patent administrative law enforcement on the amount of patent applications, it is necessary to adhere to increasing domestic R&D input, supplemented by FDI inflow. In the use of domestic R&D input, the most important thing for domestic R&D input is to attract outstanding foreign talents in addition to the normal R&D expense, which can internalize foreign advanced S&T into domestic advanced technology as quickly as possible, and enhance the ability of patent applications for domestic S&T-type enterprise to some extent and to some scope.(4) Balancing policies between domestic R&D input and FDI inflow. Although a large number of patent applications are needed for the development of S&T innovation in China, but as the conclusion 3, it should seek to balance policies between domestic R&D input and FDI inflow. To those industries and technology directions that are likely to break through in the short term, policies should be formulated to encourage domestic enterprises to increase R&D input rather than FDI inflow. However, to those industries and technology directions which are not likely to break through in the short term in domestic, it should focus on FDI inflow and formulating corresponding policies. Which complements domestic R&D input policies and FDI inflow policies each other, and serve to the development of S&T innovation in China together.
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