Research On The Mechanism Of Promoting The Patent Insurance In China

Patent insurance can share the cost of patent infringement,damages and other high spending,reduce the cost of rights protection for enterprises.At the same time,patent insurance can reduce the enterprises' innovation risk,enhance enterprises' intellectual property rights.China patent insurance system has gone through the pilot phase and demonstration stage,but it is still in a very immature stage.In this paper,it make China patent insurance pilot as the main object of study,and then extract the relevant patent insurance mechanism and advance from the pilot patent pilot policy and practice,summed up the deficiencies existing in the policy.Combined with the pilot practice,this paper summarized the main problems of China patent insurance in the process of patent insurance,such as the small participation,lack of coordination mechanisms,the source of funds mainly relying on the government,the single form and subject of government subsidies,the deficiency of right-protection awareness and insurance awareness.What's more,the lack of insurance propaganda and single mode of insurance propaganda,imperfection of value assessment system,lack of professionals in patent insurance,deficiency of supervision system and patent insurance service platform are also the problems we need to solve.In addition,based on the investigation of the foreign patent insurance system in Europe,America,Japan,Britain and other countries,combined with the current national conditions of our country,this paper provided reference for Chinese patent insurance.Finally,this paper puts forward the perfect mechanism to promote China's patent insurance from the perspective of government,insurance and policyholder.As for the government,it is important to introduce supportive policy,perfect the relevant laws and regulations,increase capital investment,strengthen the strength and scope of patent insurance policy propaganda,establish the "mutual aid group",and perfect the patent risk assessment and evaluation system etc.As for the insurer,it is crucialto develop new types of insurance,perfect the patent patent insurance operation process,improve their professional ability and cultivate professional talents,establish the patent insurance service platform,and strengthen supervision.As for the policy holder,the awareness of insurance and the sense of safeguarding rights should be enhanced.Apart from the perspective of the government,policy holder and insurer respectively,they should make full use of their respective advantages,strengthen the close coordination between the government,policy holder,insurer,the patent agency,law firms,financial institutions and other intermediaries,to speed up the process ofpromoting the patent insurance in the country.