Legal Study On Intellectual Property Insurance Of China

Intellectual Property is the key asset of a company, especially for those middle and small-sized enterprises (MSEs), however the infringement of intellectual property rights is becoming increasingly serious. Many companies have to shrink back at the sight of the high and unaffordable intellectual property litigation expenses, and the substantive compensation for infringement damage will have an adverse effect on the operation of the company as well. While intellectual property insurance (hereafter "IP insurance") is just such an insurance designed to cover those legal costs and loss of damages. The cases associated with infringement of intellectual property is experiencing an upward trend in China in recent years, and nowadays some pilot and experimental programs concerning intellectual property insurance are operated in several cities in the South of China. Therefore, under such a circumstance we believe it’s necessary to carry on with the study of intellectual property insurance.This paper adopts literature research method and collect the relevant monographs, thesis, journal articles, news reports and online materials in order to have a general idea of the research achievements in this field, and grasp the research status of intellectual property insurance; Taking the inductive method, this paper studies the current situation of legislation and practical situation about intellectual property insurance in China, and summarizes the relevant problems; This paper uses the theoretical and analytical method, and refers to domestic and overseas research results with respect to IP insurance, and concludes the problems we have in the domain of intellectual property protection and IP insurance on the ground of analyzing the basic connotation and functions of IP insurance, then put forward the propositions to solve those problems; Adopting the comparative method as well, this paper also made comparison of IP insurance between America, Europe Union (EU) and China, so that we can use their mature and advanced theory for reference in the course of our construction of IP insurance.As for the structure of this paper, it contains seven parts and the specific content of each part is as follows:The first part is the "Introduction". Several issues, such as under what circumstances the IP insurance emerged, the reason why it came into being, how it is operated and its functions and meanings will be introduced in this part; The second part is "an overview of IP insurance". This part introduces the definition, traits and types of IP insurance, and makes comparison between two dominating types of IP insurance for a better understanding of IP insurance;The third part is "the introduction on foreign legal system of IP insurance". The IP insurance systems in America and EU will be introduced. As for America, its comprehensive commercial liability insurance, IP infringement abatement insurance and IP infringement liability insurance and its existing drawbacks will be discussed in this part. While for EU, this part mainly introduces those patent insurance plans once implemented in EU countries, and summarizes the lessons we can learn from their experiences;The forth part is "the current situation of IP insurance in China and its existing problems". This part underlines the experimental programs of IP insurance in China, which include the advanced technology outcome transfer insurance,<The IP Insurance Cooperation Frame Agreement of Zhongguancun Science Park> and the "Patent Cooperative Insurance Society", and then points out the problems still in existence after studying the real effect of those practical programs and analyzing the insurance policies of those definite types of insurance;The fifth part is "the specific advices to China’s legal system of IP insurance". The forms of legislation, fundamental principles we should abide by when establishing China’s legal system of IP insurance and the feasible measures could be taken to address those problems are to be discussed in this part;The last part is the "conclusion". According to the study and analysis above, this part draws the conclusion of this paper.