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A Study On The Impact Of Patent Litigation Over Innovation Performance Of Listed Company In China

Posted on:2016-03-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:J H ZhongFull Text:PDF
GTID:1109330467996646Subject:Business Administration
Abstract/Summary:PDF Full Text Request
With the growth of valid patents patent litigations happen more and more frequently in China as an important business competition weapon. Whether the patent litigation’s impacts over innovation performance are positive or negative is still arguable. The dissertation has selected the public listed companies in China from three most representative industries, including pharmaceutical, ICT (Information, Consumer Electronic and Telecommunication) and machinery, as Sample Industries to study. The followingsare the main achievements of this research:Firstly, based on empirical study of the public listed companies from three Sample Industries involved the patent litigation from year2004to2012, the research finds patent litigations impose positive impactover majority of the involved companies’ innovation,and most impacts are statistically significant.Secondly, by comparison of innovation features and patent needs of three Sample Industries,the dissertation quantitatively analyzes the overall impact of patent litigation over three Sample Industries with data of the companies’ information, headcount, patent and the information of litigations,. The study finds the defendants from all three Sample Industries and plaintiffs from ICT and machinery industries enjoy positive impact over their technology innovation in the patent litigation, even it is not for the plaintiffs from pharmaceutical industry. And the above mentioned impactsvary among industries.Thirdly, with reference and summary of the related overseas researches, the dissertation studies impact of patent litigations over the public listed companiesin Sample Industries as defendants or plaintiffs empirically. The study reveals patent infringement litigation has a positive impact on most plaintiffs’ and defendants’ technology innovation.The finding refutes the idea ofdefendants in patent litigation are mere victimsorplaintiffs will rest on the revenue generated by their existing patent portfolio and stop further innovation.Finally, the dissertation reveals litigation caused by invention patent has profound positive impact over innovation performance in most cases, and the one by utility model patentalso imposespositive impact over utility model patents’application. The litigation related to design patent exerts negative or no impact mostly.The dissertation proposes that the patent litigation should be encouraged to protect the legitimate right of patentees and their enthusiasm to continue innovation. The defendant companies are also encouraged to response the litigation,and they can build up its innovation capability for a new productpath. It also proposes the application and litigation of invention patent should be encouraged and supported, but the one of design patent should be constrainted gradually.
Keywords/Search Tags:Patent infringement litigation, Innovation performance, PharmaceuticalIndustry, ICT Industry, Machinery Industry
PDF Full Text Request
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