The Legal Studies On The Insurance System Of Intellectual Property

Intellectual property insurance as a product of the rapid development ofknowledge-based economy, to follow the needs of the market for underwriting the risk ofintellectual property tort, from the need appear a new comprehensive insurance. Intellectualproperty protection as a development model and the dual mode innovation, intellectualproperty insurance in many developed countries has developed rapidly. Currently, the UnitedStates, Britain, Japan, Germany and other developed countries covers a wide range ofintellectual property insurance policy, covering almost all types of intellectual property rights,and the United States and Britain have made a good profit results. Along with the social andeconomic development of our country, related the research of intellectual property insurancehas gradually gained attention. In our country promote intellectual property insurance has itsurgent market demand, and our country has a certain realistic and legal foundation, Thereforesuccessful build of our country intellectual property insurance system and the research ofrelated legal issues has become a highlight important research topic.This thesis contains five parts. The first part is the introduction, The article mainlydiscusses the research background, research significance, research status, research ideas andmethods.The second part focuses on theoretical issues related to intellectual property insurance，including the concept of intellectual property insurance, types, basic functions, basic principle,the specific characteristics, legal basis and so on six aspects. For the study on insurancesystem of intellectual property provide the necessary theoretical basis.The third part mainly analysis the U.S., Britain, Japan, Germany insurance system ofintellectual property, summarized their similarities points and differences points, generalizethe new trend of intellectual property Insurance development and the enlightenment to ourcountry, in order to build our country insurance system of intellectual property provides someuseful practical experience and the need to avoid deficiencies.The fourth part mainly from insurance system, the intellectual property system andrelated practices etc. other aspects analysis the necessity and the feasibility of the constructionof our country’s insurance system of intellectual property.The fifth part is also the emphasis of this article. This part based on the present situationof our country intellectual property insurance in theory research and practice operationsituation of insufficient, First, construction of our country insurance system of intellectualproperty basic content, including the types of insurance, insurance species, insurance coverage, insurance mode, premium design and claims system, professional sector set up,examination supervision mechanism of six parts. Second, put forward several legislativemode, include put intellectual property insurance incorporated into the national intellectualproperty strategy content，in intellectual property relevant law supplementary provisions thecorresponding intellectual property insurance clauses, in the law of insurance contractincrease the intellectual property insurance clauses, as special insurance act. Last, respectivefrom the insurance law, patent law, trademark law, copyright law and other aspects providethe legal advice, perfection of our country insurance system of intellectual property, securitythe establishment and development of our country intellectual property insurance market.