Study On Construction Of Legal System Of Intellectual Propetry Insurance In China

With the rapid development of the global economy, intellectual capital isbecoming the core competitiveness of the country. China, as a developing country isgradually geared to the international standards. Chinese enterprises are also enter intothe international market, it needs more secure rights protection mechanism to protecttheir rights. Intellectual Property Insurance was originated in the United States, and itis more mature than other countries. Intellectual property is an intangible asset, it hasthe characteristics of uncertainty and regional, so that the intellectual propertyinsurance is also natural to have advantages and disadvantages. Although China haslaws and regulations to protect the intellectual property rights, but it does not enoughto protect the interests of the China’s intellectual property rights, and the intellectualproperty insurance of some countries of the European Union are relatively mature andbetter than other countries, our country can learn a lot from their experiences.Interests will bring conflict, some of the China’s export enterprises are applied to the337U.S. Survey or filing a intellectual property lawsuit by other countries in foreignmarket. Due to the high costs of intellectual property litigation and it’s long period, itwill cost a lot of manpower, energy and financial resources at the investigation stage,and most of the Chinese enterprises can not afford to the high cost of litigation. Someof the enterprises are forced to reach a agreement in the period of the investigationstage, resulting in losses to our enterprises, and even exit their market. Such asHuawei, ZTE and other enterprises, they afford$300million-500millioninvestigation fee at one time, some Chinese Flooring Ltd was sued by the Dutchcompany, the result was they gradually withdraw from the North American market.Faced with such experiences, China is necessary to set up its own intellectualproperty insurance system to protect our country’s enterprises, especially the exportenterprises. The establishment of intellectual property insurance system protect thecorporate litigation rights, at the same time enhance the enterprise’s awareness ofintellectual property rights, and is good for the enterprise management and the use of intellectual property, make the intellectual property rights to be put into good use. Ourintellectual property insurance pilot work has been carried out at this stage, andexploring in advance. China’s long-term insurance market in a monopoly position, themechanism of competition is not very mature, and can not provide a goodinstitutional basis for the establishment of intellectual property insurance system, andit is require the government to support the establishment of the intellectual propertyinsurance market in China, of course, to take the principle of minimum interference,use temporary support to guide its development, but does not actually control. Chinacan also learn from the EU’s intellectual property defense alliance to form their ownmutual aid organizations, and also develop the intellectual property assessmentmechanism, improve the existing intellectual property database to lay a solidfoundation for the development of intellectual property. In view of the actual situationin China, this article divide our intellectual property insurance coverage into domesticmarket and foreign market, and focuses on the patent infringement liability insurance,which is established according to the litigation of our export enterprises, includingthe applicant, the insurer, the insured, the rights and obligations of the insurer and theinsured, and also the insurance costs. In short, the establishment of the intellectualproperty insurance system is perfect for our existing legal system, and is also enrichedthe insurance industry, these are good for the protection of the intellectual propertyrights of China’s enterprises, and will make positive contributions to China’seconomic development.