Research On Legal Issues Of Patent Insurance

With the development of patent market,patent infringement disputes become more frequent.General commercial liability insurance can not meet the market requirements to disperse the risk of patent infringement.American Intellectual Property Insurance Service and American International Group took the lead in introducing patent enforcement insurance and patent infringement liability insurance.Compared with European and American countries,Chinese patent insurance started late,and there are still some problems in the legal system of patent insurance,patent evaluation mechanism,and contract clauses of patent infringement liability insurance,which should be further improved.In terms of legal system,although patent legal system and insurance legal system provide legal basis for patent insurance,there are no specific normative provisions for patent insurance in the current legal system.The financial support policies introduced by pilot cities are not precise enough,and do not reflect the heterogeneity of the industry and the targeted help for smes.In terms of patent evaluation mechanism,the patent evaluation mechanism adopted by insurance companies in pre-insurance review is not perfect and uniform.In terms of the contract terms,the content of the clauses in the patent infringement liability insurance contract about the participation right of the insurer to settle and the determination of the time when the insurance accident occurs puts the value of the insurer before the insured,which restricts the function of patent infringement liability insurance.In view of the above problems,our patent insurance system still has room for improvement.First,perfect patent insurance legal system.On the one hand,the normative provisions of patent insurance should be clarified.With reference to the Regulations on Compulsory Motor Vehicle Traffic Accident Liability Insurance,The State Council should formulate administrative regulations to clarify the specific norms of patent insurance according to the Patent Law and the Insurance Law.On the other hand,the financial support policy is detailed to reflect the difference of premium subsidy policy and the inclination for small and medium-sized enterprises.Secondly,local governments take the lead in organizing and cooperating with third-party service organizations in the legal and financial industries to establish a patent evaluation system.Finally,the patent infringement liability insurance contract adopts the "pro-insured rule",which reflects the concept that patent infringement liability insurance provides defense for the insured,and effectively protects the rights and interests of the insured.