Study On Legal System Of Intellectual Property Insurance

Into the era of knowledge economy, knowledge has become an importantparameter to measure the competitive strength of a country or region has also becomean important strategic resource for the enterprises to participate in market competition.For its own special nature, Intellectual property can bring enormous existing andpotential commercial interests. Market economy seeks profit, lead to the infringementof intellectual property is increasing, thereby increasing the difficulty of intellectualproperty protection. In the1980’s, Britain and other countries gradually established andperfected the legal system of intellectual property insurance, to become the vanguard ofintellectual property insurance countries. Intellectual Property insurance can bedistributed to businesses and individuals facing infringement risks. China’s intellectualproperty insurance legal system has not been established, theoretical research has juststarted. Facing the increasing number of infringement cases, we should accelerate thepace of research as soon as possible, to build a legal system of intellectual propertyrights of China’s national conditions insurance. All of these require a comprehensiveanalysis and research on the theory and practice, based on China’s national conditions,grasp the basic concepts and features. To establish the intellectual property insurancesystem, we need also to absorb the experience of the United States, Germany and othercountries or regions at the same time.In addition to the introduction and conclusion, this paper can be divided into fourparts. The first part is the basic theory of intellectual property insurance. At first, itintroduced the historical background, definitions, and type of the insurance, and thenoverview function and role, comparing with other types of insurance to draw similaritiesand differences. The second part is the necessity and feasibility of the establishment ofthe legal system of intellectual property insurance in China. Departure from the currentdevelopment of intellectual property rights, combined with the requirements of riskdiversification, and institutional innovation, the need for analysis. At the same time,combining with the legislative purpose of the feasibility study on the basis of analysis ofreal-world conditions. The third part is The United States, Germany and the EuropeanUnion Intellectual Property insurance legal system investigated Introduction andanalysis of their intellectual property insurance system one by one. And then summarizetheir system characteristics. The forth part is China’s intellectual property insurance legal system idea. Starting from the values and basic principles of the legal system ofintellectual property insurance, analysis of the system should. And then get the mode ofour intellectual property insurance legislation from legislative purpose, interests, natureand legislative form.