| The current international economic rapidly develops, and the international community extremely pays attention to the technology innovation ability especially intellectual property rights. After accession to the WTO, China has made great progress in the technical innovation, but also meets the powerful challenge and pressure from international environment. Us-led western countries frequently exert pressure to China on the problems especially patent infringement; it is a great difficulty for Chinese enterprises which adopt the international strategy. Because of the difference of patent system led to the difference of attributes (power and interest) of corresponding subject’s rights, and the difference of attributes of right will affect Chinese enterprises’righting behavior, so it is necessary to research the differences of system between China and the United States, the influence of enterprise rights by right attribute and whether there are other influencing factors.Previous relevant research of patent system mainly focus on the fields of economics and legal, some focus on the research of optimal patent system, some focused on the research of law, few are directly related to stakeholders. Therefore this paper based on the summary of the research of patent system and introduces the stakeholder theory; then this paper puts forward the concept of the model. In order to verify the accuracy of the conceptual model, at first this paper carries on the quantification analysis of stakeholders’right attributes, secondly analyzes the influence of elements differences from patent system to the rights of stakeholders by means of quantitative score, so this paper preliminarily validates the concept model, and then combines with the real case to carry on the detailed model supplement and validation.Through the selection of4Chinese enterprises which has a close contact with dispute of the patent system of China and the United States, this paper found the some difference with literature summary, and the concrete conclusion is:(1) Not all the differences of elements of patent system from China and US impact the corresponding stakeholder, there are only4factors working, including examination condition, patent width, boundary, the cost. Examination conditions and patent width both act on the power and interest of the patent holder, and tort limit influence the patentee and potential infringer’s power, cost only affect their interests.(2) Influenced by the difference of element from patent system, the attributes of stakeholders’rights are different and they will lead to enterprises adopt different righting behaviors, namely the power and interests will affect the final righting behaviors of enterprises. Interest is the foundation which considered by enterprises to take the behavior to right, power is the guarantee of righting.(3)In the process of the righting, there are other influencing factors:the knowledge integration, innovation ability, financial subsidies, strategic alliance, enterprise culture, and the scale of the enterprise,and the actions of influence factors are different.Therefore, the innovation of this paper is using the idea of stakeholder theory; and the stakeholder theory was introduced into the patent system analysis. Based on the research of stakeholder rights’attribute, the paper analyze the influences from the difference of elements between China and the United States patent system to the attributes of stakeholders’right, it is benefit for complement of stakeholder theory in other areas. |
