Ma Yide: Exploring a New "Blue Ocean" of Intellectual Property Insurance

2024-01-09

Article | Ma Yide, Dean and Distinguished Professor of the School of Intellectual Property of the University of the Chinese Academy of Sciences, financial instruments, especially insurance, play an important role in realizing the intangible property value of intellectual property, stimulating the vitality of scientific and technological innovation, and optimizing the business environment. For a period of time, with the acceleration of insurance institution reform, the products and services of intellectual property insurance have become increasingly diverse, extending from the funding end to various links in the industry chain, assisting insurance companies in managing risk reduction work. Intellectual property insurance has become an important focus for many insurance institutions. One important reason for encouraging the development of intellectual property insurance is that it can directly address the pain points and difficulties of intellectual property protection in China, and is expected to comprehensively improve the efficiency of intellectual property protection and optimize the innovative business environment. Specifically, intellectual property protection in China faces multiple levels of problems. Firstly, enterprises attach greater importance to innovation and intellectual property protection. In the field of intellectual property, there is still a phenomenon of frequent infringement and difficulty in protecting intellectual property rights. Effectively protecting intellectual property has become a major challenge faced by many innovative enterprises. Secondly, with the emergence of negative phenomena such as copyright hooliganism and malicious trademark registration, the problem of intellectual property abuse has become prominent, bringing a certain burden to the free operation of enterprises. In addition, in the process of enterprises going global, intellectual property infringement lawsuits have become a common means for overseas competitors to "snipe" Chinese companies. As a proactive risk prevention and control management tool, intellectual property insurance can effectively alleviate the risk burden in intellectual property protection and become an effective tool for enterprise intellectual property risk management. From the development experience of global intellectual property insurance, intellectual property insurance includes offensive insurance and defensive insurance. The coverage of offensive insurance includes the cost of protecting the insured's rights when facing infringement, which can effectively solve the problems of difficulty and high cost in protecting rights; Defensive insurance, on the premise of the insured's good faith operation, covers the legal expenses incurred by others in filing intellectual property infringement lawsuits, ensuring that enterprises can operate with confidence in the face of patent "jungle" and overseas infringement risks. In the fully developed market and smooth operation of the system, intellectual property insurance can effectively help enterprises reduce risk costs and intellectual property protection costs in various stages of intellectual property transformation, application, and protection, providing a good order guarantee for fair competition in the intellectual property market. China's intellectual property insurance business started relatively late, but developed rapidly. The first patent insurance product appeared in the domestic insurance market in 2009. However, with strong support from relevant departments, China's intellectual property insurance has developed rapidly, covering all types of intellectual property such as patents, trademarks, copyrights, geographical indications, new plant varieties, trade secrets, etc., covering all aspects of intellectual property creation, protection, and application. The latest data shows that as of the end of 2022, more than 22 provinces and 99 cities in China have carried out intellectual property insurance business, providing over 110 billion yuan of risk protection for over 46000 patents, trademarks, geographical indications, and integrated circuit layout designs of over 28000 enterprises. It cannot be ignored that the structural problems in the development of intellectual property insurance in China are equally prominent. Overall, China's intellectual property insurance still faces challenges

Edit:Luo yu    Responsible editor:Wang xiao jing

Source:ECONOMIC DAILY

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