| Summary: | 博士 === 國立中央大學 === 企業管理研究所 === 100 === With the trend of knowledge based economy and globalization, knowledge innovation is updating and changing every minute causing the fact that the technology related to intellectual property right, management and legal protection mechanism have become the core of business competition. Thus they come into a double effects of “technology legalization” and “legal economization”. However, due to the fact that the designation of the legal mechanism is often unable to catch up with the times that the intellectual property right is frequently improperly used as a tool for the business competition strategies, making the number of conflicts arising from “knowledge gap” increase, which further causes an unbalanced legal system at all time. For instance, Own Brand Manufacturer (OBM) often relies on its own advantages in favor of great capital and patent techniques, using the methods of sending cease and desist letters, applying for injuction order and undertaking time-consuming law proceedings, aiming to force the relatively less competitive counterparts out of the market. Nowadays, the high-tech industry in Taiwan is in a quite competitive environment and the management in companies isn’t conscious of avoiding being affected by “knowledge gap” and of proposing proper measures in time, which has become an issue that is worth studying further.
Raul Espejo (1994) thought business managers, in order to handle complicated and changeable dynamic situations effectively, should apply System Theory as the business management strategy. In view of this, this study is aimed to apply System Theory as the main frame of the research structure. First, under the circumstance of System Theory inputs, it will take “environmental factors in high-tech enterprises” as the evaluation object of the issue, exploring the way of thinking of the business managers when making decision on finding the legal solutions regarding patent disputes. Secondly, in the process of system conversion, it will apply a comparative method to explore how to maintain dynamic equilibrium of the patent legal system. Finally, on system outputs, it will take the “balanced mechanism of all kinds of patent dispute solutions” as the evaluation object of the study to explore which solutions will keep the system at equilibrium among the patent dispute solutions through statistical method.
The results from above positivism research methods show that: Firstly, under the circumstances of system inputs, for “environmental factors of high-tech enterprises” as the evaluation object of the issue and study, the outcome indicated that when high-tech business managers are seeking the strategies on patent disputes solutions they often take both “legal rationality” and “economic rationality” into consideration when making decision. Although legal rationality must follow the rule of “due process of law”, the modern due process of law, besides putting great emphasis on the realization of fairness and justice, the idea on economic rationality related efficiency and costs must also be taken into account to internalize the cost-effective analysis structure into the due process of law to carry out the “substantive justice”.
Secondly, in the process of system conversion, in terms of the dynamic equilibrium of patent legal system, the outcome of different evaluation objects suggested that: 1. The “Claims of Patent” are quite uncertain. 2. The “Effectiveness of Patent” is quite unstable. 3. There might be great difference in “Action of administrative department and judgment of the court” for the same matter and evidence and the administrative action of the Intellectual Property Office (administrative department) and the judgment of the court. 4. There is a big difference in judgment of patent effects from intellectual property court at different times or respectively in civil or administrative lawsuits from “judgment of different judicial departments” even though the evidence and reason accord with each other, not to mention when the evidence and reason are different, which the judgment of patent effects would not be consistent for sure. 5. The “judgment of transnational law” for the trading partners of the patent legal cases, the applicable law is unstable, regarding the conflicts. 6. The improper use of proceedings, Injunction Order, and sending Cease and Desist letter as the way to solve the patent dispute is obviously violating the regulation principle of the Equality Law.
Finally, on system outputs effect, taking the “equilibrium mechanism of all kinds of patent disputes solutions” as the evaluation objects of issue and study, the research outcome indicated that in comparison to sending cease and warning letters, applying for injunction order, and undertaking lawsuits and so on, business managers often choose arbitration proceedings, which not only may accord with the special attributes of high-tech enterprises but also may regulate the gap between the procedure justice and substantive justice; this may further keep the system at a dynamic equilibrium point from time to time and allow the transnational law of the World Trade Organization (WTO) to be mutually connected.
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