Insurance Policies of Patent Infringement Indemnity in the U.S.
|關鍵字:||智慧財產權;專利;專利侵權;專利侵權責任保險;智慧財產權執行險;商業綜合責任保險;保險;訴訟費用;intellectual property;patent;insurance;patent infringement;litigation expense;intellectual property enforcement insurance;patent infringement indemnity insurance;CGL|
United States plays a very important role in both hi-tech and sales market worldwide. To circumvent the patent infringement risk and the huge cost accompanied, enterprises begin to adopt insurance as a diversification tool for risk management regarding infringement of intellectual property right. Insurance of patent infringement has been practiced in U.S. for years, main of which include Patent Enforcement Insurance and Patent Infringement Liability Insurance. Patent Enforcement Insurance covers litigation expenses incurred in enforcing the insured intellectual property against infringers. Patent Infringement Liability Insurance will reimburse the insured for legal expenses when the insured must defend himself against intellectual property infringement lawsuits. Focusing on the Patent Infringement Liability Insurance Policies practiced by the U.S. insurance companies, this thesis provided analysis of insurance policies and current development status, and made comparison list of modification history with respect to the model policy. Furthermore, subject to the US court judgment, some open issues were induced and analyzed regarding insurance coverage pursuant to the patent law in U.S. Patent litigation process in U.S and related statistical study on litigation cost were also mentioned here, which could be referenced by enterprises to evaluate loss and risk control. Finally, suggestions were proposed for enterprises to make decision in selecting proper insurance product. This thesis would like to assist enterprises to look into the key issue when they make evaluation in selection of the applicable insurance product. Considering technical capability, product market and financial condition, enterprises need to discuss with the insurance company to determinate a proper and required insurance policy so as to bring the selected policy into fully play.