Study On System Of Intellectual Property Insurance

Since the era of knowledge economy, the use of intellectual property rights and protection has become an important index to measure the competitiveness of a country, is also one of the most important intangible assets of enterprise. On the one hand, the intellectual property rights because of the enormous commercial interests of itself, and the intellectual property rights as an intangible asset can be replicated strong characteristic, so easy to become the object being infringed, increased the difficulty of protection of intellectual property rights. On the other hand, our country small and medium-sized enterprise has suffered "337investigation", has been to American enterprises as the representative of the foreign enterprises filed infringement of its intellectual property litigation. Small and medium-sized enterprises due to limited financial resources, in the face of the huge costs of litigation and compensation, had to compromise, not legitimate rights, to accept the compromise from the international market, to our country economy badly. But our country existing relief of intellectual property rights is the basic way of remedy, and can not disperse the risk, reduce losses, so that damage to the interests of enterprises, but also waste a lot of manpower and material resources. In order to protect the intellectual property rights of the legitimate rights of relative person, dispersed the risk of infringement of intellectual property rights, Europe and the United States launched the intellectual property insurance in the last century eighty’s. Because of China’s vast number of small and medium-sized enterprises have dispersed risk needs, and there exists a series of intellectual property insurance system favorable conditions, thus building suitable for China’s intellectual property insurance system has become an important research topic.The first chapter expounds the basic theory of intellectual property rights. First introduces the basic classification of intellectual property insurance:one is the intellectual property enforcement insurance and intellectual property infringement liability insurance, another kind is the compulsory insurance and voluntary intellectual property intellectual property insurance. Secondly, the basic principle of intellectual property insurance, again compared characteristics of intellectual property insurance and tangible property insurance, finally introduces the basic function and the role of intellectual property insurance.In the second chapter, foreign on the construction of intellectual property insurance as the angle of view, a comparative analysis of the experience of foreign legislation reference:USA intellectual property insurance system, including intellectual property enforcement insurance and the tort of intellectual property insurance; German intellectual property insurance system:including intellectual property enforcement insurance, tort of intellectual property insurance, legal expenses insurance; intellectual property insurance, including insurance and insurance to prosecution; European intellectual property insurance system, including patent litigation insurance plans and patent litigation and mutual system; Japan intellectual property insurance system, including intellectual property litigation cost insurance and licensing of intellectual property insurance. Finally, an inventory of the abuses of intellectual property insurance system in developed countries such as intellectual property insurance premium is high, easy to be abused, large enterprises to delay action, points out that we should expand the scope of claims, improve insurance market in order to reduce the premium, supporting the mediation system and preventing the establishment of large enterprises to delay the proceedings.The third chapter firstly demonstrates the necessity of constructing the intellectual property insurance system in China:infringement cases increased, high litigation cost; the lack of protection mechanism, to maintain the interests of insurance system; innovation, effective allocation of risk; effectively promote the development of intellectual property system. Secondly, demonstrates the feasibility of constructing the intellectual property insurance system in China:the legislative purpose of our insurance law provides for the system to achieve the goal; establish realistic foundation; realistic asked the world trade organization system; legal basis for the construction of intellectual property insurance system in China; the existing intellectual property insurance practice has created conditions for its.The fourth chapter proposed the design concept of China’s Insurance System of intellectual property. First, the construction of intellectual property insurance system of our country and get rid of obstacles, and then discusses the legislative value orientation, insurance system of intellectual property rights and the basic principles of legislation mode. Then elaborated the basic content of the insurance system of intellectual property in China:the idea of the nature of early policy by the government to support the establishment of the model of the insurance, after our country insurance system of intellectual property rights, it should be in line with international standards with business model. Build a patent infringement liability insurance, patent enforcement insurance, media tort liability insurance, insurance for IP Litigation, licensing of intellectual property insurance, intellectual property litigation costs of insurance property insurance system, the provision of services and a full range of protection for the enterprises of our country. Follow the domestic insurance principle, design reasonable premium, distinguish between insurance and the field of technology to determine the premium. Set the minimum limitation and the maximum compensation limit of detailed rules of intellectual property insurance, the rights and obligations of the parties. Finally, some legislative suggestions to improve our country’s Insurance System of intellectual property rights.