知识产权司法保护与企业关键技术创新——基于知识产权法院设立的经验证据

Judicial Protection of Intellectual Property and Enterprises’ Key Technological Innovation——Empirical Evidence Based on the Establishment of Intellectual Property Court

以不完全契约理论为切入点,同时以知识产权法院的设立为准自然实验,运用三重差分法考察了知识产权司法保护对企业关键技术创新的影响。结果显示:与非关键技术创新相比,设立知识产权法院显著促进了契约密集度较高行业企业的关键技术创新,且促进效应具有较强的滞后性,其中对国有企业、中小企业以及成长期企业关键技术创新的促进作用更强;机制分析表明,专用性人力资本发挥了中介效应,专用性物质资本发挥了遮掩效应。研究结论可以为有序推广知识产权法院试点、赋能企业关键技术创新、缓解企业“创新假象”问题等提供有益的经验参考。

Taking the incomplete contract theory as the starting point and the establishment of intellectual property court as the quasi natural experiment, the paper investigated the impact of intellectual property judicial protection on key technological innovation by using the triple difference method. We found that, compared with non-key technological innovation, the establishment of intellectual property court has significantly promoted the key technological innovation of the enterprises in the industries with higher contract intensity, and the promotion effect was with a lag, which was more significant in state-owned enterprises, small and mediumsized enterprises and growing enterprises. Mechanism analysis showed that specific human capital has played a "intermediary effect" and specific material capital has played a "masking effect". These conclusions could provide some effective references for orderly promoting the pilot of intellectual property court, enabling the key technological innovation of enterprises, and alleviating the problem of "innovation illusion" of enterprises.