A Study Of Issues Of Patent Insurance System In China

Under the circumstance of the globalization of knowledge economy,patent insurance,as a national key policy,is the demand of the strategy of innovation-driven development,as well as the guarantee for transforming technological small and mid-sized enterprises' achievements.Based on the analysis of surveys from the trials of patent insurance in the whole country,especially in Zhejiang province,this dissertation finds that patent insurance pilot work carried out by the State Intellectual Property Office,in the real running faces huge challenges.At the aspect of system,there are three main problems.Firstly,compared with general insurances,the insurance mark of patent insurance is the intangible asset which is not included in Insurance Law,so the enforcement of patent insurance is absence of law testimonies.Secondly,in the perspective of procedure law,during the process of the proceedings of patent enforcement insurance,the patentee is constrained by not only the rules of evidence in Civil Procedure Law but also article six in the patent enforcement insurance clauses.Double binds aggravate the burden of proof of the patentee,which leads to the high costs of protection of patent rights and inhibits small and mid-sized enterprises' innovation.Thirdly,in the trial of patent insurance,the type of patent enforcement insurance is mainly used,which is too single.Therefore,it is hard to satisfy the demand of controlling the patent financing risks.According to the above problems,respectively based on the Insurance Law,Procedure Law and Small and Medium-sized Enterprises Promotion Law,this dissertation tries to apply interpretative theory exhaustively to design patent insurance system,and puts forward some suggestions to solve the problems of patent insurance system in China.Initially,this dissertation thinks that patent insurance should be included in Insurance Law,which makes it have law testimonies.Through the reasonable explanation of article 33(1)in insurance law,the patent and other intangible property clearly belong to the range of insurance mark;Refine the article 95(2)in Insurance Law,that is the principles of the credit insurance and guarantee insurance,so as to provide some operation guidance;At the same time,use the valued insurance to solve the challenges in evaluating the patent values.Sequentially,in the framework of current law,using article122 and123 in Interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the People's Republic of China,this dissertation confirms experts' evidence admissibility to reduce the patentee ?s burden of proof;Perfect article 64 in Patent Law and redistribute the burden of proof in litigation of patent enforcement insurance.In addition,this dissertation readjusts article 6 in patent enforcement insurance clause to properly enlarge the scope of insurance,which can further reduces the patentee's burden of proof.What's more,when using the interpretative theory cannot solve all problems in China,this dissertation seeks to use legislation theory to design the patent insurance system in China step by step.This dissertation tries to perfect the type of infringement patent insurance to solve the problem that the cost is high in protection of patent rights;Detail the type of financing insurance to help small and mid-sized enterprises breakthrough the bottleneck of financing difficulties;Develop the type of patent value evaluation insurance to control the uncertainty risks of evaluation of patent value;Set up the patent compulsory insurance and expand insurance community,so as to lower the insurance premiums.