Practical Exploration And Countermeasure Research Of Patent Insurance In China

With the rapid development of knowledge economy,intellectual property rights in the national development strategy and business production and business activities play an important role.At present,China’s independent innovation capability has been greatly improved,but compared with the development trend of the developed countries in the world,there is still a certain gap.In order to strengthen our country’s independent innovation ability and change the situation of patent infringement in our country,it is necessary to carry out the practice exploration and theoretical research of patent insurance.At present,some pilot areas have carried out the relevant pilot work of patent insurance,patent insurance in theory and practice have aroused widespread concern.This study aims at the construction of patent insurance system in China,and adopts literature research method,historical analysis method,empirical analysis method,comparative analysis method and multidisciplinary comprehensive analysis method to study our patent insurance system.This paper expounds the background and significance of the research.On the basis of combing the research and development of patent insurance both at home and abroad,this paper summarizes the concept of patent insurance from the theoretical research,compares and analyzes the contents of patent enforcement insurance and patent infringement liability insurance,This paper discusses the function of patent insurance from the aspects of insurance function,economic function and social function,and analyzes the legal relationship of patent insurance from three aspects:subject,content and object.Through the above description of the basic theory of patent insurance,Research lay the theoretical foundation.On the basis of the theoretical research,and then analyzes the practice of patent insurance in China,first of all from the macro point of view of China’s patent insurance development process,summed up China’s current major patent insurance development model;followed by micro-level analysis of China’s patent insurance pilot areas The author concludes that there are some problems such as the lack of legal system,lack of policy support,lack of enterprise knowledge and imperfect of patent insurance market in China’s patent insurance.On the one hand,the two countries’ patent insurance model is discussed,on the other hand,from the development model,the development of power,the insurance cost,the development of the foreign insurance industry,The scope of coverage and legal regulation from the perspective of the development of patent insurance I enlightenment.At the end of the article,the author puts forward some countermeasures to construct the patent insurance from the perspective of legal countermeasures,policy support and active participation of the market players,and puts forward the countermeasures to construct the patent insurance in our country.In the aspect of legal countermeasures,the insurance insurance law stipulates the insurance interests,To enhance the independent provisions of the patent insurance in the insurance law,to improve the patent infringement liability in our patent law,patent insurance and patent arbitration,the establishment of patent insurance disputes pre-trial review system;in policy support,strengthen financial and tax policy support,Improve the cooperation mechanism and mode of operation of patent insurance;in the market subject,the insured to raise awareness of risk prevention and patent rights awareness,the establishment of industry norms mechanism,insurers focus on large data collection and analysis,improve their own emerging areas of product development ability.