联合创新的经济分析及反垄断法规制

联合创新已经成为当今各国广泛运用的技术创新模式。在高科技领域,这种广泛联合的背后具有其经济合理性。联合创新可以提高研发投资的效率、产生较高的社会福利,尽管联合创新也会提高合同执行成本、监督成本并导致信息不对称。同时,从竞争法角度看,联合创新可能限制竞争,但它带来的经济利益可能超过限制竞争的影响。因此,许多国家和地区对联合创新采取宽容甚至激励的态度。我国的高科技企业规模偏小、技术创新能力偏弱,立法应当借鉴其他国家和地区的经验,对联合研发实行广泛的豁免,从而给联合创新提供一个宽松的法律环境。

An Economic Analysis of Joint Innovation and Relevant Regulation against Monopoly

Joint innovation has become a world-wide mode of technical innovation,partly because of its economic rationality in the high-tech field.An analysis of the cost and benefit of joint innovation shows that it can improve the efficiency of the R&D investment and advance social welfare though it may increase the cost of execution of contracts and supervision and lead to information dissymmetric.However,from the perspective of competition law,while joint innovation might have adverse impact on competition,the economic benefits it yields may outweigh its negative influence.Thus,many countries and regions(e.g.the USA and the EU)are liberal to or even encourage joint innovation.The USA harbors joint innovation in its anti-trust law,and the EU allows general exemption to joint innovation.Due to the humble size of Chinese high-tech corporations and their limited ability to engage in technical innovation,it is wise for us,by reference to the experiences of the USA and the EU,to allow general exemption to joint innovation so as to provide it a favorable environment.