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专利池的“PPP”模式:内涵、影响与产业政策 被引量:6

"PPP" model patent pools: Meanings, influences and some industrial policies
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摘要 政府发起、出资并与社会资本合作(PPP)的专利池主要有纵向企业型、智库型和经营型三种类型,争夺产业竞争优势的公共目标是其主要目标,参与社会主体的私有盈利目标是其次要目标。在各主体职能分配中,政府履行提供引导资金、参与运营的职能,社会主体履行主导运营、并接受政府服务和监督的职能。政府职能的正确履行与否直接导致专利池的双向产业影响:既能促使产业获得创新优势,提高产业市场占有能力;又可能延缓形成产业核心竞争力,流失公共资产。因此,在我国大陆本土实践基础上,从遵守"政府搭台,企业唱戏"原则,强化政府服务、密切产学研合作和强化政府监管、提升社会主体的社会责任感等方面提出了产业政策建议。 "PPP" model patent pools are the patent pools which are sponsored by government and formed by both government and social actors. According to the characteristics of social actors, there are three kinds of patent pools of the "PPP" Model, namely the vertical "PPP" model patent pools where main social actors are vertical enterprises which are the main providers, the main users and the main operators of the core patents in the pools;the intellectual tank "PPP" model patent pools where main social actors are universities and research institutions which are the main providers and the main operators of the core patents in the pools, and the operational "PPP" model patent pools where main social actors are investment and financing enterprises or service enterprises which are the main operators of the core patents in the pools. Competing for industrial advantages are the first goal of "PPP" model patent pools which are for the public interests, while the private interests for the social actors are the secondary goal. In the distribution of the roles of all the participants, the government is responsible for providing guidance funds and participating in the operation, such as regulate the direction of industrial development and service the social actors, and the social actors are responsible for leading operation and accepting the supervision and services from the government. The correct performance of the participants roles or not directly affects the industrial influences, especially the government roles: if correct performance of government roles, the "PPP" model patent pools can quickly form innovation advantages in terms of quality, and improve the market holding capacity of industry in terms of quantity, which can realize the public goals of competing for industrial advantages;but if not, they may delay the formation of the core competitiveness of the industry, and lead to loss of public assets. Since the 18 th National Congress of the Communist Party of China, the government has attached great importance to scientific and technological innovation and taken innovation as the primary driving force for development. Our country has established all kinds of "PPP" model patent pools, but in general, most of the "PPP" model patent pools in the mainland of China are still in their infancy and exploration stages. Therefore, it is an inevitable choice to scientifically formulate relevant industrial policies to give full play to their respective advantages and expand the positive industrial influence of the "PPP" mode patent pools on the basis of the functions of the government. So, based on the practices of "PPP" model patent pools in the mainland of China, there are three suggestions for industrial policy. Firstly, obeying the purpose of enterprises performing under the supervision and services of the government which can ensure that the government and social actors in a "PPP" model patent pool correctly perform their own roles. Secondly, strengthening government service to cooperate closely among governments, industries, universities and research institutions which can ensure that the government and social actors in a "PPP" model patent pool give full play to their functional strengths. Thirdly, strengthening government supervision to attach great importance to the social actors′ social responsibilities which can ensure that the public goals is superior to the private goals.
作者 刘利 Liu Li(School of Public Administration,South Central University for Nationalities,Wuhan 430074,Hubei,China)
出处 《科研管理》 CSSCI CSCD 北大核心 2020年第11期164-172,共9页 Science Research Management
基金 湖北省技术创新专项软科学项目:“基于需求导向的湖北省高等院校技术转移路径优化研究”(2018ADC091,2018.01—2019.05)。
关键词 专利池 “PPP”模式 政府 社会主体 产业 patent pool "PPP"model government social actor industry
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