The history of the emergence and evolution of NPE(Non-Practicing Entities)shows that NPE is the result of technological commercialization and specialization in each link of the innovation chain,and its business model does not necessarily have speculative nature.The emergence of NPE has had negative impacts,but at the same time,it plays an important innovative role in promoting the specialization and division of labor in the patent market,becoming a"neutral"service institution in the technology factor market,and better achieving patent value evaluation in the market.NPE has experienced nearly thirty years of development in the global market,with its global activities centered around the US and Europe markets and expanding towards emerging markets in Asia.Its litigation activities in major countries around the world have shown cyclical fluctuations,and its business model has shifted towards IP commercial finance characterized by NPE+funds.At present,various types of NPEs have emerged in the domestic market of our country,and well-known foreign NPEs are also attempting patent operations in the Chinese market.Their role in promoting the flow of technological factors in the market urgently needs to be released.The policies that guide the development of NPE should not only leverage the innovation promoting role of NPE,strengthen government policy guidance,improve the patent conversion system,and improve the talent training system,but also limit the negative effects of speculative litigation type NPE,handle injunctions with caution,improve the quality of patent examination,and regulate competition law.
关键词
非专利实施主体/技术要素市场/理论机制/市场实践
Key words
Non-Practicing Entities/technology element market/theoretical mechanisms/market practices