Research On Patent Infringement Liability Insurance Clauses In China

In recent years,with the improvement of China's economic development level,the state's emphasis on and dependence on intellectual property rights has deepened.In the field of intellectual property,patents occupy a central position.As an intangible asset,patent right is essential to improve the competitiveness of enterprises and is the embodiment of the core competitiveness of enterprises.However,the risks in the application,use,transfer,and agency of patents cannot be ignored,especially the various infringement problems faced in the use of patent rights.China is a large patent country,and a large number of patents are accompanied by a large number of patent infringement disputes,which has aggravated social contradictions.Although the existing patent-related legal provisions are conducive to alleviating infringement disputes to a certain extent,high litigation costs and other rights-saving costs have caused many enterprises,especially small and medium-sized enterprises,to complain.We recognize that establishing a reasonable patent protection mechanism from the perspective of insurance should be a useful way to solve the current predicament.Patent infringement liability insurance originated in the United States,and has formed a relatively stable development model in major intellectual property countries such as the United States,Germany,and the European Union.The patent infringement liability insurance mainly deals with the infringement loss caused by the insured in the unintentional situation,and the insurer provides the insurance for the insurance.This insurance is a useful choice for solving the dilemma of patent disputes currently faced by some enterprises in China.For the time being,the development of patent infringement liability insurance in China is not mature,and only some areas of the country promote such insurance.A survey of relevant insurance companies found that this type of insurance is currently not selling well in the country.This kind of insurance that has a great help to China's current patent infringement disputes does not fully exert its advantages.The reason is that there are many problems in the design of patent infringement liability insurance products.In particular,from the perspective of the relevant laws and regulations,there are also many flaws in the provisions of insurance clauses,which make them compensate for the losses caused by infringement lawsuits.The effect is minimal.At present,there are not many patent infringement liability insurances involved in the market.The most representative product is the infringement of patent liability insurance of China People's Property Insurance Co.,Ltd.(hereinafter referred to as “China People's Insurance”).At present,the insurance is mainly implemented in Beijing and Guangzhou,and has not formed a large scale in the country.In addition,the insurance is a cooperation project with the government.The China Insurance official website has not publicized the insurance provisions,mainly publicized on the official website of the cooperative government intellectual property office.This paper analyzes the relevant provisions of China Life Insurance Company's “Infringement Patent Liability Insurance Clause”(record number: PICC P&C(Preparation-Responsibility)[2013] Main No.31),mainly based on the analysis of insurance liability clauses and exemption clauses.For the research perspective,study the provisions of the patent infringement liability insurance clauses for insurance accidents,insurance liability scope,exemption clauses,etc.,and combine the insurance practice and the provisions of foreign similar products,and comprehensively use the methods of literature analysis and analogy analysis.The insurance clause is interpreted and analyzed to study the problems and deficiencies in the provisions of the insurance clause.As far as the analysis is concerned,although many provisions in the “Infringement of Patent Liability Insurance Clauses” adopt the insurance law theory and the general point of view in insurance practice,many of them are prevailing in the general liability insurance clause because they ignore the particularity of patent infringement.The provisions are not applicable to patent infringement liability insurance,especially in the relevant provisions of the insurance liability clause.This paper proposes the improvement of the insurance clause by studying the insurance clause.In the hope that the development of patent infringement liability insurance in China is not smooth,it will make a useful contribution to the development and improvement of patent infringement liability insurance in China.