Theory Of Comparative Law For Insurance Law System Of Intellectual Property Rights In China

In the era of knowledge economy, intellectual property has become the company’s most important intangible asset. It contains huge economic interests and has been increasingly recognized that lead to violations of intellectual property rights occurred frequently. Thus, the difficulty of protecting intellectual property rights is also gradually increased. At this condition, Intellectual property insurance legal system bases on intellectual property infringement liability and damages of the interests of intellectual property litigation that has not been marked. With the help of intellectual property insurance legal system, intellectual property infringement can effectively prevent. Up to now, more and more countries have chosen to establish a legal system for intellectual property insurance. However, China has not established a legal system of intellectual property insurance. Therefore, the establishment of China’s intellectual property rights insurance legal system will be an innovative system and a knowledge-based economy will be an essential part legal system.However, the important value and unique charm of intellectual property insurance legal system cannot be fully demonstrated in our country by purely legal migration. We must not only rely on traditional and local resources of our country, but also fully absorb the learning of foreign intellectual property insurance mature experience. Only under this way, we can explore the best path to achieve China’s legal system further. With depth exploration of the basic theory and constitute system of intellectual property insurance legal system, comprehensive comparative analysis can find a way that our current insurance and intellectual property framework adapt to legal circumstances.Thus, the first part of this paper introduces the basic theory of intellectual property insurance legal system, concept of intellectual property and the type of insurance. After that the basic principles of intellectual property insurance is described, and differences between insurance and tangible Insurance were analyzed to find specificity of intellectual property insurance, and finally the practical value of intellectual property insurance system is introduced. The second part of this paper introduces the intellectual property insurance legal system of US. Combined with the experience of United Kingdom, Germany, Japan and the European Union in different aspects of intellectual property insurance, basic insurance legislation of intellectual property legal system and their lessons under the law are summarized. Third part of this paper discusses the feasibility of intellectual property insurance system and the practice experience of intellectual property insurance legal system. The results analyze the basis of the intellectual property practice insurance system. The last part of researches shows some reflections of the intellectual property insurance system, including any obstacles, values and basic principles, legislative model, and proposes a solution of the intellectual property insurance system. Other systems can give it some suggestion. Researches want to seek a way of China’s IPR legal regime to be established. Intellectual property interests of the enterprise can be protected by China’s IPR legal regime and our China’s Intellectual Property insurance system can promote further.