Research On The Patent Enforcement Liability Insurance System

With the development of economy,intellectual property is becoming more and more important.The patent,one of the intellectual property,is becoming an important symbol of competitiveness of enterprises in China.Because of complex technology,cumbersome law,and High litigation costs,it is time-consuming for enterprises to maintain legal rights.And for Small and medium enterprises,the high cost of litigation is the burden of the firm.Foe resolving the high cost of the patent enforcement liability insurance,and providing a fair environment for small and medium enterprises,it is necessary to establish a set of risk assessment mechanism of patent.Patent insurance is including patent infringement liability insurance and patent enforcement liability insurance which is being implemented in our country.The article analyzes the existing problems of patent enforcement liability insurance from the insurer,insured,and insurance benefit.Introducing the development of patent enforcement liability insurance in the U.S.,Japan and the European Union,puting forward the proposal of improving the patent liability insurance in our country,and improving the patent enforcement liability insurance in China,enhance the development of patent rights in China and increase the core competitiveness of Chinese enterprises.criminal law of our country take the position of attribute theory,while on the paragraph 2,twenty-ninth in " criminal law" the attempted instigation penalties is an exception from attribute position.The first part is introducing the meaning of patent enforcement liability insurance,in order to know more about this kind of insurance,and the difference between the patent enforcement liability insurance and the other insurances,especially the patent infringement liability insurance.As a new type of insurance,this part introduces the development of the patent enforcement liability insurance in our country.The second part theoretically analyzes the patent enforcement liability insurance,and the legal basis of the patent enforcement liability insurance from insurance law,patent law,tort liability law and other laws and regulations,with the analysis of existing state of affairs,in order to the problems we are facing.The third part is introducing the development of the patent enforcement liability insurance in some developed countries like the United State of America,Japan and the Europe,in order to know what kind of measures they have taken before to promote the patent enforcement liability insurance in each country,including legislation,administration,and insurance companies.Combined with specific circumstances of these countries,we sum up the useful experience for our country.The last part is to get some useful suggestions for the development of patent enforcement liability insurance in order to constantly improve the patent enforcement liability insurance in our country.The introduction of the patent enforcement liability insurance,the useful experience of developed countries and the problems of the patent enforcement liability insurance in our country help us to put forward several measures for the development of the patent enforcement liability insurance in our country.