Studies On Intellectual Property Risk And Intellectual Property Insurance

In the era of knowledge-based economy, the value of intellectual property is increasing rapidly, which became the most valuable intangible assets. Whether a company is making the presence of absence of its IP strategy would make a difference in its market competing power. In a word, the impetus for competition in the 21st century will totally depend on the affirmation, registration and protection of intellectual property rights. On one hand, businesses should make full use of their intellectual property system to guard their assets; on the other hand, businesses should have an effective strategy of IP risk management to handle intellectual property risk, especially when IP holders are facing the risk of being unaffordable of large amount of legal expenses or the risk of losing the suit. Since the risk of suffering high legal expenses and failing in the lawsuits is a deterrent to those who wish to protect their intellectual property rights. Here, intellectual property has a role to play in satisfying both parties of the lawsuits, by providing those who pursue claims against potential infringers or those who defend themselves from infringement claims with legal expenses. Because IP insurance can afford efficient protection to intellectual property, this article mainly discusses how to introduce intellectual property insurance system to transfer the risks of IP holders. With the occurrence and development of IP insurance in the U.S, there is growing intellectual property risk arising from the internet, which brings forth insurance coverage for internet-related disputes. The article has laid much emphasis on the insurance coverage of intellectual property, including patent right, trade mark right and copy right. By comparing and analyzing the above aspects, the article will express the idea of how to open IP insurance in China. As IP insurance is relatively new in both theory and practice, which has not caused enough focus in our country. This article can only make very superficial research and deep studies should go on in the future.