Research On The Construction Of China's Intellectual Property Insurance

In the era of knowledge economy,Intellectual property has become the measure of a country and regional competition in the market.However,as a West says:"Where is interests,there is prisoners." More and more enterprises and individuals recognize the enormous implication of intellectual property for commercial benefits,which increasing the infringement of intellectual property rights situation and the difficulty of intellectual property protection.How can better protection of intellectual property? At the end of the 20th century Britain and the United States formed a corresponding legal system of intellectual property insurance.Insurance is an effective means of spreading risks,which is conducive to protection of intellectual property rights. Insurance also helps the intellectual property rights owners and users to spread of the economy risks.Intellectual property legal system,the establishment of insurance is to not only because of the developing market,but of the developed and perfected the insurance industry.However,our country has not yet set up the legal system of intellectual property insurance.With the rapid growth of China's foreign trade and enterprise internationalization booming foreign enterprises charged with intellectual property cases against China's enterprises have more and more.The tendency of many domestic enterprises are faced with intellectual property litigation has increasing trend. Under such circumstances,needing speed up the legal system of intellectual property insurance study the pace of our country set up in line with the actual legal system of intellectual property insurance.Our country's legal system of intellectual property insurance could be set up for domestic enterprises is no doubt in the face of intellectual property disputes,reduce the burden,but also for enterprises "going out" strategy to provide strong protection.Thus,for intellectual property insurance in this relatively young legal system,theoretically necessary for their study,with a view to building a better legal system,intellectual property insurance.Intellectual property insurance is a kind of comprehensive insurancewhich objects are Intellectual property rights and Intellectual property infringement liability.Intellectual property holders and the related have insurable interests on Intellectual property rights and Intellectual property infringement liability.It can disperse Intellectual property infringement risk and afford economy loss for both sides which can efficiently push Intellectual property system forward and make the insurance system more innovative.The author believes that our country should followed with China's national conditions,in line with international practices,and safeguarding legitimate rights and interests of the insured person's principles.Such Intellectual property insurance provisions can be regulated in Intellectual property laws that can be defined as special insurance law.The insured and the objects should be limited in our territory. Premiums levels can be set according to different types of Intellectual property insurance and different geographical Intellectual property trades.Furthermore,legal advisory body on Intellectual property litigation may be founded in insurance companies.In my opinion,Pure commercial intellectual property right insurance may not go a long way in China,instead,we should consider develop a policy insurance for intellectual property right.In conclusion,intellectual property insurance not only helps to set up to promote the development of intellectual property protection,but also opened up the insurance of new areas of the legal system.At the same time,the insurance system will be applied to the field of intellectual property protection for our intellectual property development.This innovation has a positive significanc for improving our country's international economic and technological status.