Intellectual Property System,litigation Risk And High-tech Enterprises' Technological Innovation

The 13 th five-year plan is an important period for China to vigorously promote technological innovation and an important transition period for China to build an innovation-oriented country.As an important micro-subject of national innovation strategy,the innovation level of high-tech enterprises is determined by the investment decision of technological innovation,and is the result of a series of internal and external factors.Because of the complexity of high and new technology,it involves all aspects of financial management from enterprise production and operation to external disclosure.With the rise of national knowledge-based economy,litigation cases related to intellectual property rights have risen sharply,and more and more attention has been paid to external policies and legal studies on high-tech enterprises.Intellectual property rights system and litigation risk will become important external factors that must be considered to influence the investment decision of technological innovation.For high-tech enterprises,intellectual property system is an important external condition to guarantee the value of core assets and stimulate technological innovation,and litigation is an important means to ensure the effective implementation of the system.The combined effect of the two will affect the efficiency of ultimate technological innovation.Therefore,studying the ways and paths of the intellectual property system and litigation risk's influence on the technological innovation of high-tech enterprises can help enterprises effectively identify and control external risks and improve the level of financing.It has important theoretical and practical significance for promoting enterprise innovation and building an innovation-oriented country.Based on the above purposes,this paper first elaborated the property rights theory,externality theory,technology innovation theory and other basic contents,as the theoretical basis of this paper and case analysis,and through the sorting and review of relevant literature,lay a foundation for the following research.Secondly,this article from high-tech enterprise technology innovation investment decision analysis,the litigation risk by analyzing the situation of our country's execution of the intellectual property system in the process of innovation and enterprise litigation risk,to reveal the intellectual property system the possibility of induced litigation,the uncertainty of litigation outcome affects the way and the principle of enterprise innovation,and then to the intellectual property system,litigation risk two major external factors and high and new technology enterprise technology innovation investment decision-making behavior of the relationship between classification.On this basis,the paper then analyzes the relationship between the reason for the litigation risk of high-tech enterprises and the intellectual property system,the litigation risk and the investment decision of high-tech enterprises' technological innovation.In case part,the paper selected the first communications industry leading enterprises,zte corporation as a case study object,combining with the U.S.sanctions against zte company events,this paper introduces the basic situation of enterprises and litigation process,and then reveals the risk of litigation for the tremendous impact of zte corporation,combined with the specific case and the above theory,analyses the reason of zte company suffered from the impact,and from zte's response,induction,analysis of the litigation risk to promote the path and the effect of zte corporation technology innovation.It is hoped that the research in this paper can broaden the academic community's understanding of the litigation risk of high and new technology and give some enlightenment to the technological innovation activities of high and new technology enterprises including the communication industry.The research conclusions of this paper are as follows:first,a perfect intellectual property system will be beneficial to enterprises' investment in technological innovation.As a special enterprise assets,intellectual property rights is particularly dependent on the protection of the law,but the law has the characteristic such as hysteresis,the differences between countries,if the relevant law system has defects can not be timely and effectively meet the needs of the enterprise technological innovation,is likely to be undistributed intellectual property system,the enforcement,even as competitors,etc.,improper use and detract from the enthusiasm of enterprise technology innovation.In fact,due to the complexity of intellectual property and the lack of intellectual property awareness in China for a long time,the risk of intellectual property infringement in the process of technological innovation is also increased.Secondly,litigation experience is positively related to technological innovation of enterprises.Rich litigation experience can stimulate enterprises to increase their patent reserves and improve their enthusiasm for technological innovation.Because enterprises with rich litigation experience will realize that the cross-licensing method can greatly reduce the huge compensation losses caused by infringement,increase the motivation of enterprises to increase patent reserves,and reduce the impact of future litigation risks of enterprises.Finally,weak local judicial protectionism can stimulate high-tech enterprises to carry out strategic research and development cooperation,because weak local judicial protectionism enables the effective implementation of the intellectual property system at the local level.The clear property rights and fair judicial system greatly reduce the potential risk of infringement by the cooperative enterprises and increase the willingness of enterprises to cooperate in research and development.