The Study Of The Construction Of China's Patent Insurance System

As in an Era of knowledge economy, intellectual property rights, especially patent rights has increasingly become a crucial weapon for enterprises to take market share. Patent battle is easy to trigger judicial proceedings. patent litigations always come with complex technology problems and legal issues, and are being time-consuming, so the cost is extremely expensive, most companies are overwhelmed. Taking considerations of the diversification of the risk of the legal costs and damages for dispersion compensation , many developed countries or regions like the United States, Germany, Britain, EU have launched their own patent insurance which mainly reflect as patent enforcement insurance and patent infringement liability insurance.Patent enforcement insurance is a kind of aggressive insurances, the insurer is responsible to fill the patentee or licensee for the legal costs arising from the patent litigation . In addition, when the infringing party files a counterclaim or patent invalidation proceedings, the defense costs of the insured will also be compensated by the insurer .Patent infringement liability insurance, also known as defensive insurance, the insured is a potential patent infringer, the insurer is responsible to fill the potential infringer the legal costs and damages arising from the infringement. There is no patent insurance in China, but we really need patent insurance because of the intellectual property strategy being established and improved. Apart from the preface and the conclusion, this paper consists of four parties, whose concrete contents are as follows:The first part introduces the background of intellectual property insurance, and give a brief introduction about the patent insurance in the United States, Britain, Germany, EU and other countries our regions .In order to make clear the basic theory of patent insurance ,The author also compare the patent enforcement insurance and patent infringement liability.In the second part, as there is no patent insurance in China now, the author will analysis the patent insurance contract assuming in Chinese law environment, and especially focus on the subjects of the patent enforcement insurance and patent infringement liability insurance, and the effectiveness of the contract to those subjects.The third part, the author mainly respond to the people's challenges about the abuse of the patent appeal called arising form the patent insurance in the framework of China's laws, and analysis the contact between the patent transfer and the patent insurance transfer. These two are of great significances on the construction of patent insurance system. Both domestic and foreign scholars seldom discussed these problems, they are necessary to clarify.The fourth part, the author makes deep descriptions about the need, obstacles, and solutions of the construction of the patent insurance system, the choice of specific types of insurance are also described. The author also talks about the feasibility of the construction of patent insurance system implemented as a mandatory insurance.