On The Construction Of The Legal System Of Our Intellectual Property Insurance

With the development of knowledge-base economy, intellectual property rights already substituted the tradition tangible property, become an important component of modern enterprise's assets,the infringement of intellectual property has become common and the intellectual property protection become increasingly difficult. Intellectual property insurance is sure being an effective way that give concentrated intellectual property rights tort disputes trusteeship to an insurance company. It also is a new thought of the intellectual property insurance Strategic Management. The insurance companys share the risk of the tort legal action disputes, provide the technology and legal assistance service, maximize benefit by protecting of intellectual property rights effectively.The developed countries has established the intellectual property over twenty years, and some countries already had formed mature legal norm system specifically for intellectual property insurance. And with the fact that intellectual property rights risk continue increasing by, the infringement of intellectual property has become common, it is sure that the insurance industry also has the gradually developed trend.However, China has yet to establish the legal system of intellectual property insurance. The theoretical research in intellectual property insurance has just begun. The legalization protected the intellectual property well, and made the owner of intellectual property (or rights) a smaller loss in face of a risk. The legalization of Intellectual property insurance is not only an inevitable result of market demand, but also the inevitable result of the development and perfection of insurance industry. Intellectual Property Insurance needs theoretical study in order to establish a sound intellectual property insurance legal system.In the penman's opinion, we can analysis the intellectual property insurance from the legal point of view. Then study from the basic legal principles of intellectual property insurance and its impact on the legal system. On the basis of learning the legislative experience from the United States, Britain and European countries, after taking China's reality into consideration, we should make recommendations to the legislation of China's intellectual property insurance system, causing more attentions from the national legal level, and establish China's intellectual property insurance legal system in a way that theory guide practice.