Research On The Construction Of China’s Intellectual Property Insurance Legal System

In the era when knowledge creates wealth and technology leads development,intellectual property rights have become an important strategic resource for enterprises,society and even the country.The protection of intellectual property rights by the current national laws and regulations focuses on the punishment of the infringer and the compensation of the right holder afterwards.This kind of protection has a certain lag,and the relief and compensation after the event often cannot completely repair the loss of rights.Based on this,intellectual property insurance came into being.The subject matter of intellectual property insurance is the intellectual property itself and its related interests and civil tort compensation liabilities.When an infringement occurs or is infringed,it can provide the insured intellectual property Advance guarantees to support the maintenance and restoration of their rights.After years of development,countries represented by the United States and the United Kingdom have formed a relatively complete legal system for intellectual property insurance,while our country is still in the initial pilot stage.With the growth of market demand and the requirements of national policies,it is more and more important to build an intellectual property insurance legal system that conforms to our country’s national conditions.Its necessity is reflected in: it is conducive to improving the rights relief methods of intellectual property owners and making up for the simplification of rights relief methods;it is conducive to dispersing the risk of infringement of intellectual property rights,providing more protection for rights holders,and promoting intellectual property innovation;it is conducive to enriching intellectual property rights.our country’s insurance market;the intellectual property insurance legal system,as a comprehensive legal system,is also conducive to promoting the improvement of our country’s legal system;finally,it is more conducive to strengthening the protection of the legitimate rights and interests of intellectual property rights of small and medium-sized enterprises in our country,and injecting more stable factor.At the same time,our country also has the corresponding theoretical and practical basis for the construction of the system.First,the construction of the system conforms to the legislative purpose of the Insurance Law,and the intellectual property rights also conform to the provisions of the Insurance Law on the subject of insurance;A lot of practical experience has been obtained,which provides the premise basis for the establishment of the system.In terms of the construction method,it can be constructed based on the reference to the overseas intellectual property insurance system and development practice,combined with the provisions of insurance,intellectual property and other relevant laws and the actual situation in my country.In the development path,the principle of "government guidance and market leadership" is adopted,and a semi-mandatory and semivoluntary insurance method is adopted.At the same time,the mutual assistance model of intellectual property insurance is implemented to realize the sharing of resources and information on the basis of mutual assistance;should follow the principles of maintaining the uniformity and scientificity of the legal system and focusing on the particularity of intellectual property insurance.Before the conditions for a separate special intellectual property insurance law are mature,the regulations of the State Council or relevant judicial interpretations can be issued to regulate intellectual property insurance activities.;In the analysis of available insurance types at this stage,patent infringement liability insurance,patent enforcement insurance,patent application insurance and patent licensing fee insurance are selected,and their application scenarios and coverage scope are analyzed.Liability insurance,clarifying the qualifications of contract subjects and the rights and obligations of each subject,defining its scope of application,proposing compensation methods with maximum and minimum limits,as well as thinking about retrospective clauses and claims settlement procedures;finally,evaluation of intellectual property value,risk review and the establishment of a review and supervision mechanism for the entire insurance process to give corresponding suggestions.