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Research on the Patent Insurance Legal System

Author: YangMao
Tutor: QiuPingRong
School: Anhui University of Finance
Course: Civil and Commercial Law
Keywords: patent enforcement Insurance patent infringement liabilityinsurance insurance interests
CLC: D923.42
Type: Master's thesis
Year: 2012
Downloads: 36
Quote: 0
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Abstract


With the globalization of the economy and the deepening of knowledge, intellectual property rights, especially patent in the world economy on the stage plays a more and more important role. The modern company in the process of ownership and use of the patent, the patent infringement disputes often occur, and these disputes once into the proceedings, usually give the right to bring a heavy burden. Because of patent infringement litigation cost is higher, the right holder in the face of patent infringement litigation, often in very passive position, no matter lawsuit and will give his lawsuit, not caused heavy losses; While the economic strength of the company also will cost a lot of human, material and financial resources to deal with the dispute processing, the legitimate rights and interests of the right holder can’t get effectively protected, and therefore patents Insurance came into being.This paper is divided into five parts.The first part is the basic theory of patent insurance. This section describes the origin of the patent insurance, concepts and types, and that the patents discussed in this paper to have been run primarily for the insurance mature patent enforcement insurance and patent infringement liability insurance, and based on this, this paper analyses these insurance interests between the nature of insurance.The second part is the patent insurance of necessity and feasibility. This section through the elaboration of patent itself the legal risks faced and its relief that the shortage of the patent insurance, through the current theory necessity patent infringement happened continually shows the necessity, the reality of the patent insurance. Now that the patent insurance is necessary to push, push so whether feasibility, the author illustrates the answer in theory the feasibility of patent insurance-patent infringement is insurable risk the risk from reality, homogeneous illustrated that China has the feasibility of patent has its insurance.The third part is the obligation of insurance parties in patent law analysis. This part of the first shows the two main patent insurance, the analysis of the parties to lay the foundation for the obligation of insurance. Then it analyses the insurer and the insurer of the qualification of the obligation, and pointed out the qualifications of the applicant, the insured shall bear the legal obligations and its.The fourth part is to patent insurance two legal problems of it. A patent is whether insurance can cause the problem of malicious prosecution. The author of the malicious prosecution constitutive requirements and practical patent insurance policy that the specific terms, implementation of patent insurance is not a malicious prosecution; One for the patent of human nature of insurance analysis. The author with specific practice policy shows the cession of insurance and insurance contract for the transfer of the two kinds of circumstances, the original policy is effective or not depends on the existence of the insurance benefits or not.The fifth part is for the implementation of patent law of insurance suggestions and considerations. In this part of the implementation of the patent insurance is to show how the probable obstacles and related suggestions. Second shows that China’s patent in carrying out the insurance, the choice of the danger of concrete, should first implementation of patent infringement liability insurance. Finally explains to "insurance law" article12and16of the specific thinking and improvement suggestions.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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