Research On Patent Law And Independent Innovation Of High-tech Industry

With the development of the knowledge economy era, the world set the intellectualproperty system as legislative priorities unanimously. So far, the patent law in China haschanged for three times, which made the strategy focus from the introduction of foreignadvanced technology to enhance the ability of independent innovation. In addition, therevisement of Patent Law Implementing Rules makes the key becomes into theapplication of the patented invention. The guiding role of national law not only directlyperformanced as attracted foreign direct investment or encouraged domestic enterprisesto independent innovation, but also reflected in the environmental impact on the relevantmarket, in order to promote China accelerate the building speed of independentinnovation capability indirectly. More strict patent protection system can attract foreigndirect investment better, while because of the weak technology base, our country inclinedto imitating and learning advanced technology and better experience of managementwhich brought by FDI in order to enhance the capacity of independent innovation.This paper add FDI technology spillover as a mediating variable in the process ofanalyzing the relationship between patent protection strength and the capability ofindependent innovation. Study on FDI technology spillover effects capability ofindependent innovation under different intensities of patent protection. Selectingdomestic,foreign and Hong Kong, Macao and Taiwan three types of data of five high-techindustries from1998to2011as sample for the study,and using regression analysis to testthe hypothesis. The results indicates that, strength of protection has a significant positiveimpact on enhancing the capability of independent innovation in China. FDI technologyspillover plays a mediation role in the relationship between the strength of patentprotection and the capability of independent innovation. Moreover competition hasmediating effect between strength of patent protection and ability of independentinnovation. However, demonstration&imitation and flow of human resource do not havemediating effect. Forward vertical spillovers of FDI have mediating effect, but thebackward associated mediating effect was not significant.At present, large number of relevant studies are just singling study on legal factorsor FDI technology spillover effect on the ability of independent innovation, but not putthe three varibles in the same framework. This study has very important theoretical valueand practical significance. It helps to improve the spillover efficiency of utilization offoreign investment, optimize enterprise independent innovation mechanism, improvepatent law, and provide empirical data.