An Analysis Of The Establishment Of The Insurance System From The Perspective Of Law Application

Since the establishment of the insurance market in our country, insurance products are gradually improved from growing out of nothing, which guarantees the market to run safely, efficiently and stably. But since joining the WTO, trade frictions of China appears constantly. Although the General Agreement on Tariff and Trade(GATT) is intended to promote liberalization of international trade, trade barrier are not only piled up by tariff. With the increasing role of the patent in the enterprise competition, Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPs), Rule of TRIPs-plus, Intellectual property rights draft chapters of the TPP and others come one after another and put forward higher requirements for patent protection. Under the “going out” strategy of China, more and more enterprises can’t afford endless lawsuit period, expensive litigation cost and bear the risk of losing in lawsuit when facing action of the patent infringement, which may become the victims of exploiting overseas market. In order to avoid the windfall loss brought by patent dispute, we need to combine the patent protection and insurance system with the help of financial and legal means and look for new ways to manage patent risk, thus, patent insurance emerges under the stimulus of the outside-occurring conditions.The thesis regards the related legal system of patent insurance as the object of research, combines law and economics, and comprehensively uses the methods such as system analysis and document research. On the basis of deep analysis for patent insurance products of China, absorbs related suggestion of the developed countries towards patent insurance system, it mainly discusses the guarantee on law needed in building well-established patent insurance system, analyzes the defects in the law application of the patent insurance, and then put forward improving suggestions. The thesis plans to discuss for the following four parts:Introduction is the presentation of the research topics and its meaning. This part provides knowledge background and orientation for the thesis and lays the foundation of the discourses of intellectual property system in the following content through the bedding of related knowledge in the Chinese and foreign literature. The first part expounds the generation and development of the patent insurance and explains doctrinally for the conception, insurability, features and types of the patent insurance. The third part applies the comparison as the research method, learns experience of patent insurance from the developed countries. Finally, through the analysis of the above, some suggestions of improving the patent insurance and building the legal systems are put forward.