Mode Selection For China’s Patent Insurance Development Within The Innovation Driven Strategy

Since the reform and opening up policy, the economy of China has developed rapidly. After the financial crisis, countries all over the world accelerated the transformation of economic and social development, one key of the competition lies in technological innovation, In the eighteenth National Congress of the Communist Party of China, the government proposed innovation-driven strategy that will be the development points of the next periods, the country will develop hi-tech industries to promote industrial restructuring. Innovation-driven strategies need to constantly improve our capability of independent innovation, and patent occupies a crucial position, In recent years, the patent system was developing in our country, but it is remarkable that patent protection situation remains worried. Patent insurance is an important tool of economic means for patent protection. American and European countries in the eighties of the last century have been carried out patent insurance, accumulated a lot of experience, our patent insurance pilot started in2009. This essay are based on the analysis of foreign patent insurance, and combined with the patent insurance status of our country, to find out the suitable patent insurance pattern of China.The thesis is roughly divided into several parts in the following:The introduction of the first part argues the research background, significance, literature review, contents and possible innovation point of this thesis. Firstly, it relates to the research background of this thesis. The background of the thesis is as our economic developing rapidly, the needs of science innovative is booming, so the innovation-driven strategy is the central strategy of China. The patent rights in the process of implementing the strategy of innovation-driven and has a crucial role. Therefore, the problem of how to develop suitable model of patent insurance should to be solved, so the significance of this paper is to investigate this issue and make recommendations. Literature review focuses on the domestic and international research literature on patent insurance development model of and related issues. Finally, research contents and possible innovation is combining the current situation of China’s patent pilot basis with foreign patent insurance model to analysis the development of our patent pattern.The second chapter, this chapter describes the basic contents of patent insurance, such as the meaning of the patent insurance, major classification method for patent insurance, and compares with tangible property insurance, provide the theoretical basis for articles.The third chapter, innovation-driven strategies and the necessity to carry out patent insurance in China, this chapter introduces the basic connotation of innovation-driven strategy, and the development of our current patents evolution and patent infringement cases, analyses the relationship between the implementation of innovation-driven strategy and China’s IPR protection. Finally the essay gives an example of the U.S.337investigate, in the case of foreign trade and the loss of patent litigation is analyzed, highlighting the necessity of the patent insurance.In part four, this chapter is the introduction of the U.S. and EU patent insurance model, namely the background and current patterns of the U.S. and the EU patent insurance. The analysis of the US patent insurance is major in the intellectual property insurance of IPISC, while of the EU patent insurance is major in consulting firm CJA’s study. Finally, the paper compared the EU and US patent insurance system.In the fifth part, the essay illustrates our patent insurance status and evaluation, through access to existing data on the status of implementation of patent insurance. China has carried out patent insurance pilot work in several cities to promote patent enforcement insurance. The main part of present patent insurance is commercial insurance company, and the government act as a supporting role. The present pilot work gained some success, but there are several problems to be solved.In the sixth part, this part mainly analysis which mode should be selected for the patent insurance. The main modes of patent insurance are compulsory mode, semi-forced mode and the mode of SMEs in the EU patent mutual insurance. The article combined the condition of China’s patent litigation and the presented patent insurance. The article finds out our country should implement compulsory or mutual insurance mode.In the seventh chapter, the article focused on policy recommendations for sustainable development of China’s patent insurance. The paper argues that the government should provide a suitable environment and some policy supports for patent insurance; while insurers should actively develop various aspects of patent insurance products to meet the needs of client with different patent risk categories, and insurers should also determine a reasonable level of protection to meet the needs of different patent protection levels; also in the external environment, there are the need to improve the evaluation system of patents and patent legal services, strengthen patent risk management philosophy, to establish the appropriate patent risk management strategies.The eighth chapter, the conclusion, summarizes the contents of the full text and points out the limitation of the essay.Possible innovations for this paper are:Firstly, the EU and the United States patent insurance were compared in this article with the comparison of time and space dimensions, reflecting the improving economic environment and compared the difference of two patent insurance patterns. Secondly, the paper analyzed the implementation of our current patent insurance by collecting information and data through the website, and analyzed the advantages of the existing insurance system and the need for improvement. Thirdly, the paper analyzed mode of compulsory, semi-forced mode and SME patent alliance mutual insurance modes, combined with the current situation of China’s patent litigation costs analysis, we believe that our country should be forced to choose compulsory or mutual insurance mode. Finally, through various overall analyses, this paper provides the corresponding policy recommendations for sustainable development of China’s patent insurance.The downside is that since the patent insurance in China is still in the pilot phase, lack the corresponding research data, the research is still in the theoretical stage, unable to carry out empirical study, while the author’s lack of ability, there are many points needs improvement and further development.