Legal Protection To Insurance Product Innovation

Insurance product innovation is the origin of the insurance business, increased competition and imitation of insurance products and alternative products have sprung up, make insurance increasingly shorter product life cycle. For effective insurance product development, product innovation is an important way to keep the enterprise survival and development. Now, our country’s laws and regulations and the relevant provisions of the poor, cannot effectively guarantee insurance product innovation, this is also the original intention of the author to choose this topic, hoping to draw the attention of scholars to play a positive role in the development of insurance industry in China.This paper is divided into five parts of insurance product innovation of legal protection are analyzed, the main contents are as follows:The first part, the summary of insurance product innovation. This part of the first section introduces the first defines the concept of insurance products, illustrates what is insurance products, insurance products in the position in the insurance industry. Second, from nature, legal attribute aspects this paper expounds the function of insurance products. The second section introduces the definition of insurance product innovation.This section first introduces the concept of insurance product innovation, and the classification of product innovation, and to distinguish the insurance products the difference between "innovation" and "correction", then according to "innovation", this paper expounds the three kinds of innovation theory, namely the Schumpeter’s theory of "innovation", theory of technology innovation, system innovation theory.The second part, Protection from the law angle, the necessity of insurance product innovation research. This part of the main points of two parts, first of all, this paper introduces the present situation of the insurance product innovation, the great achievements in the insurance product innovation in our country, such as the Internet insurance innovation as the most mainstream insurance form, presents the good development momentum, but also exists many problems, including insurance product homogeneity serious, such problems as insufficient efforts in innovation, the other part, this paper analyzes the security insurance product innovation from the law Angle, statement of insurance product innovation advantage, also the legal safeguard way of insurance product innovation are analyzed.The third part, "Copyright Law" perspective of insurance product innovation of legal protection. This article expounds the feasibility of "Copyright Law" protection insurance product innovation, and also analyses the defect of the legal protection of insurance products and perfect Suggestions. From the perspective of the copyright law guarantee, insurance products accord with the object of the copyright law protection, analyzes the insurance products conform to the legal attribute of work, and insurance products is beyond the scope of law explicitly exclude protection work. But in the form of the "Copyright Law" have security, protection scope is limited, and infringement is difficult to maintain, there are still some defects.The fourth part, under the perspective of the trademark law, legal protection of insurance product innovation. From the perspective of the protection of the trademark law, this article also analyses the feasibility of its security, insurance company can use the registered trademark protection of new service brand, and should be based on the analysis of their situation and competitors, market environment under the condition of the defensive trademark registration, in addition, also expounds its security flaws, most insurance companies don’t use the registered trademark protection in China of new service brand consciousness, and the use of a registered trademark protection effect is limited, and put forward Suggestions.The fifth part, "Anti-unfair competition law" perspective of insurance product innovation of legal protection. This part first elaborated from the insurance product innovation, the feasibility of the protection of business secrets, the contents of the insurance product innovation can be made of business secret protection, and then from the standard counterfeit behavior analysis of the feasibility of the protection of insurance product innovation, maintenance of insurance products business logo legal rights. Secondly, this article analyses from the aspects of business secret and standardize the counterfeiting safeguard insurance product innovation, and puts forward some feasible Suggestions.