Study On Intellectual Property Insurance

Intellectual property insurance, belonging to the commercial one, is one of significant ways to protect intellectual property. In accordance with the contract signed by the two sides of the insurer and the insured, intellectual property is the subject of the insurance, the insured delivers premium to the insurer, and once the contracted cases occurring, the insurer have to assume the liability of insurance. At present, intellectual property insurance of the developed countries or regions mainly includes insurance of patent, trademark and copyright.After analyzing the property rights system, transaction cost and transaction risk of intellectual property, this study shows that intellectual property especially need to be insuranced. Taking a panoramic view of the world financial markets, there is a wide range of intellectual property insurance, according to different standards. In essence, effectively providing intellectual property insurance means that intellectual property can be entrusted rationally and intensively to insurance company to effective management, which has a certain similarity with Chinese Mechanisms of Collective Management of Copyright, the infringement of intellectual property dispute cases are to handled by insurance companies as the plaintiff, and at the same time, who should provide intellectual property advisory service.Compared with other insurance products, intellectual property insurance has its' own particularity, especially in insurance subject, insurance coverage, business premise, insurance procedures, restriction of time and coverage of space. There is no doubt that different types of intellectual property insurance have their own characteristics. However, any system will inevitably imply its own defects. And intellectual property insurance has also both advantages and disadvantages, while most people have come to accept the need of intellectual property insurance. Consequently, we have to profoundly understand the special nature of intellectual property insurance as well as the advantages and disadvantages, which is the important prerequisite for carrying out the business of intellectual property insurance more efficiently. And it is a very significant warranty that we take the following approaches to play a very important role of the strongpoint of intellectual property insurance system and to avoid the weaknesses of it. To begin with, we can transfer the time point of intellectual property risk assessment; Then, the risk assessment is substituted for the preliminary review of claims; Furthermore, the premium of certain insurances is combined with the intellectual property system; Finally, we have to try to reduce the high premiums, and establish the effective regulatory mechanism of intellectual property insurance.The intellectual property insurance mechanism of USA, Japan, UK, Switzerland, EU and other developed countries or regions has its' own characteristic, and if they all implemented the intellectual property insurance widely and effectively, they would have made a very significant improvement to their own economic, legislative and judicial practice. However, all these countries or regions have to overcome the negative effects of the insurance mechanism, to break the bottlenecks of its' development, to look into and settle the problem of the mechanism abuse, to inhibit the negative of intellectual property insurance, and even to change any negative effective to the positive. Therefore, we need cope with the adverse situation by at least four strategies. Firstly, the sufficient implementation of intellectual property insurance can be ensured by the national intellectual property strategy; Secondly, the effective implementation of intellectual property insurance can be protected by the strategy of intellectual property defence union; Thirdly, the low-risk implementation of intellectual property insurance can be achieved through the strategy of mutual insurance for intellectual property litigation; And finally, we can implement a low-premium policy, and establish an effective monitoring mechanism. The experience of intellectual property insurance of Developed countries or regions is worthy of being learned, while China has had the primary forms of intellectual property insurance mechanism, and the feasibility and necessity to carry out the kind of insurance has been proved in the domestic insurance market. Establishing the sound multi-organizational system of intellectual property insurance increasingly, I prefer suggesting that we try to establish the voluntary patent application insurance and patent infringement liability insurance, at the same time, take low-cost policy of premiums as much as possible, and moreover, ordain public finance policy and (or) preferential tax policies in the early stage, especially, chose Zhongguancun and Shenzhen as the test zone firstly through the guidance of the executive power of the government.