知识产权保护与利用外资

Intellectual Property Protection and FDI Inflow

本文利用商务部2002—2017年34809家外商投资企业信息,结合各省份知识产权侵权案件判决书及各省份省委机关报等文本数据,构建了多个衡量地区知识产权保护水平的指标,实证检验了知识产权保护执法水平对中国利用外资流量和结构的影响。研究发现,地方加强知识产权保护执法力度,能有效促进外资流入,对服务业外资、技术密集型外资的正面影响更大,且金融危机后这一促进效应趋于增强;加强知识产权保护将增加制造业外资企业以合资方式进入中国的倾向,但服务业外资企业的独资倾向更加明显;欧美以及母国知识产权制度更完善的外资企业,倾向于选择知识产权执法更加严格的目的地投资。本文为中国充分利用全球创新要素发展高水平开放型经济,更好融入新发展格局提供了重要的政策启示。

The use of foreign investment is an important part of China’s basic national policy of opening up,and has played an active role in the process of economic development and deepening reform,not only bring in capital,but also advanced technology and management experience.In recent years,the international investment landscape has undergone profound changes,the competition for international investment is fierce and the cost of domestic factors has risen.Chinese manufacturing enterprises are challenged by not only the high-end competitors from the developed countries but also low-end counterparts based in the developing countries.In addition,with the increase in the proportion of knowledge-intensive products and services in trade and investment,the importance of the host country’s institutional environment for FDI location selection has increased.Strengthening the protection of intellectual property rights is an important aspect of creating a good business environment.However,whether the strengthening of intellectual property protection has promoted the increase of FDI inflow and the optimization of FDI structure is still a question.To this end,this paper uses the information of more than thirty thousand foreign investment enterprises,combined with the text data of the provincial intellectual property infringement case judgments and the text data of party committee newspaper,to construct a number of indicators measuring the level of regional intellectual property protection from different perspectives,and test the impact of the level of enforcement of intellectual property protection on the inflow and structure of China’s FDI empirically.We find that strengthening enforcement of local intellectual property protection is conducive to promoting the inflow of FDI,which has a greater positive impact on investment in service industries and technology-intensive industries.In addition,this promotion effect tends to increase after the financial crisis.The strengthening of the enforcement of intellectual property protection will promote the entry of manufacturing FDI into China through joint ventures,but foreign enterprises in the service industry are more inclined to enter China through sole proprietorship.FDI with better intellectual property systems in Europe,the United States and other home countries are more inclined to invest in destinations with stricter enforcement of intellectual property rights.The main contributions are as follows:First,the paper enriches the measurement of the enforcement of intellectual property protection in China’s provinces.Second,by using the comprehensive micro-enterprise data in the Foreign Investment Enterprise Directory of the Ministry of Commerce,the paper examines the impact of regional intellectual property protection on the inflow and structure of FDI,and further analyzes the reaction mechanism of the enterprises’home country characteristics.The analysis results show that the level of intellectual property protection has a significant impact on the inflow and structure of FDI in various regions,which is conducive to adapting to the new development pattern of dual circulation.Local governments should pay more attention to the protection of intellectual property rights,increase public awareness of intellectual property rights,strengthen law enforcement,increase penalties for infringements,and create a better business environment.So as to reduce the unnecessary cost of foreign enterprises in terms of information acquisition,as well as protect the legal rights and innovation income of them.In addition,local governments should combine the characteristics and development policies of different industrial fields to formulate intellectual property systems that adapt to the innovation and development of different industrial fields,and provide support in intellectual property protection for foreign enterprises’research institutions and technological profit.These measures can reduce the concerns of joint ventures about technology leakage and intellectual property protection issues,maintain the stability of the joint venture relationship,support and encourage foreign enterprises to establish R&D institutions and conduct R&D activities in China,thereby promoting the development of Sino-foreign technical cooperation and legal technology transfer and technology diffusion.