Study Of Legal Issues Of Patent Insurance System

The topic of this article is Patent Insurance, the author made legal studies on the Patent Insurance System of the United States and European Union both in theory and in practice through empirical analysis and theoretical analysis and offered a suggestion of the legislation of Insurance Patent in China in order to make some contributions to perfect Patent Insurance of our country.This paper consists of three parts: preface, main content and conclusion. There are four chapters of main content which is from problem presentation, to analysis part, and finally conclusion.In preface the author introduced a case of four China export enterprises faced"377 investigation"in America to raise an issue ,that is Intellectual property especially Patent is of great value accompanied by high-risk. Every enterprise has a requirement to transfer risks, therefore China need patent insurance system, which is the theory value of research.Apart from preface and Conclusion, the writing is consisting of four parts:Chapter one is the basis of Patent Insurance. By analyzing the legal nature of Patent, Patent is defined as intangible asset which is in the scope of insurance subject; then in the terms of characteristics of Patent and Patent law, respectively on the foot of potential patent infringer and patentor analyzing patent risk; further more, the remedies in our law which is inadequate for us to transfer risk and control damage, so the author proposed establishment of Patent Insurance in our country can solve this problem.Chapter two is introduction of the foreign experience of Patent Insurance. First of all, introduce the history of Patent Insurance in the United States by two famous cases, and then the resource of Patent Insurance has some relations with the legal system and legal traditions of the United States. Comparing the practice of Patent Insurance in the United States to in European Union, studying commonness and differences of two systems, the author expect to accumulate valuable experience in establishment of our Patent Insurance system.Chapter three is the analysis part of this article. First of all, Patent Insurance is legally based on patent infringement and related compensation liability, so the risk of patent is insurable; then the author analyzed legal nature of two Patent Insurance - Patent Enforcement Insurance and Patent Infringement Insurance; Finally through empirical analysis to study patent insurance legal relationship, especially focus on the special part of the content of legal relationship ,such as whether the insurer has the right to share the economic benefits or not ?and whether the scope of insurance liability of the insurer is reasonable or not ? The author's answer of such question is yes. All of above is theoretical basis of Chapter four.Chapter four is solving all the issue. The author introduced present situation of Patent Insurance in China and proposed we need this kind of system badly, then established Patent Insurance system of our country, meanwhile giving legal advice on operating mechanism.The final part is a summarization of this article, recapitulating the central thesis of this article, which will thus serve as a conclusion.