关键词: 专利保险, 保险精算, 保险模式, 保险政策

Abstract:     Since the 18th National Congress of the Communist Party of China, with the changes in today′s market environment, patent disputes have become increasingly complex, and the promotion of patent litigation insurance business is conducive to reduce the cost of rights protection for enterprises and further solve the problem of financing difficulties for SMEs. At present, China has become a world-recognized major country in intellectual property rights, and also acted as a major country in handling intellectual property disputes. As China continues to increase the protection of intellectual property rights, the current policies in China mainly establish the ex post facto punitive damages mechanism, which further leads to the increasing amount of patent infringement damages. Many enterprises are unable to obtain normal innovation revenue due to patent infringement. Some enterprises have experienced operational difficulties due to infringement of others′ patent rights. Protecting intellectual property rights is to protect innovation. It is significant for the innovation development of enterprises to formulate an effective intellectual property insurance policy and to reduce the risk of intellectual property infringement. Patent insurance, as an important IP financial tool, is also an important way to promote the transformation of scientific and technological achievements and IP operation. Constructing an actuarial model of patent litigation insurance and conducting policy experiments in a multi-subject and multi-factor scenario, and sharing the risk between insurance companies and insured enterprises can help stimulate the development potential of the patent litigation insurance market. It further improves patent litigation remedies, and makes up for the inadequacy of patent protection in China′s legal policies; otherwise, it promotes the scientific and sustainable development of patent litigation insurance policy.In recent years, China has issued a series of policies to support the development of patent litigation insurance, but the insurance coverage scale in China is not large. In the existing actuarial model of patent litigation insurance, the factors such as intellectual property risk premium and insurance agents are not included. In addition, the simplicity of the type of insurance premiums for enterprises in the current policy and the lack of measures to calculate insurance premiums based on patent value have affected the enthusiasm of insured enterprises and insurance companies, and the high government subsidy model is unreasonable and unsustainable. Based on the current situation of the policies and the dilemma in practice, the research of this paper covers the following aspects. Firstly, the paper composed the patent litigation insurance pilot situation in China. It further summarized and analyzed the history and current situation of the development of domestic intellectual property insurance policies. It took into account the national conditions of China, fully considered the geographical characteristics, and summarized the commonalities and differences of patent litigation insurance policies in different regions. Furthermore, this paper constructed a multi-subject win-win model of "government-insurance company-agency-insurance enterprise" for patent litigation insurance, proposed a multi-factor and variable actuarial model for patent litigation insurance including IP risk premium and insurance agency rate, conducted an experiment on government financial subsidy policy for patent litigation insurance under a multi-factor variable scenario, and put forward some suggestions for improving government subsidy policies for patent litigation insurance. In order to improve the enthusiasm of patent litigation insurance, insurance companies are necessary to charge a reasonable remuneration for intellectual property risks, and carry out patent insurance agency business vigorously. Therefore, it is necessary for insured enterprises to calculate and select the reasonable insurance premiums according to the value of patents, and it is necessary for the government to reduce the ratio of premium subsidies gradually while improving the insurance agency rate.

Key words: patent insurance, actuarial, insurance model, insurance policy