Background
In recent years, a growing number of high-tech enterprises have applied for patents, as the capacity for self-innovation and awareness of intellectual property rights have increased in our municipalities. At the same time, intellectual property disputes have been growing, and the costs of corporate advocacy have increased as intellectual property rights, especially patents, have stronger technical and legal attributes and rights holders need to invest significant human and financial resources in resolving disputes. At the same time, there are often problems of enforcement, even if they are successful, resulting in a lack of willingness and inability of some enterprises to defend their rights, which has a direct impact on the creative enthusiasm of rights holders and constrains the advancement of innovative state-building。
At the request of the municipal authorities, the municipal intellectual property authority, together with seven entities, including the municipal finance board, the municipal council for economics and information, the municipal finance board, the central guan village management board and the municipal bank insurance board, began a three-year pilot project on intellectual property insurance in the city of beijing in 2020, based on the principle of “government-led, market-led”. Risk sharing mechanisms and professional service advantages through commercial insurance will help optimize the business environment, serve the development of sophisticated industries and contribute to the construction of the city's national centre for science, technology and innovation。
Relevant implications and scope of application
The scheme refers to pilot insurance companies, pilot insurance products, pilot enterprises and pilot patents as insurance companies, insurance products, insurance enterprises and patents participating in the pilot declaration of municipal intellectual property insurance and premium subsidy declarations under the scheme. Other ip insurance products that are self-contained by insurance companies operating in accordance with market-based principles are outside the scope of the adjustment。
Iii. Interpretation of key provisions
(i) terms of reference for pilot work support
The pilot mainly subsidizes premiums for patent enforcement insurance, patent tort loss insurance or a combination of two insurance products by the insurance companies participating in the pilot through the granting of premium subsidies。
Insurance companies that set up a pilot insurance programme on intellectual property should be guided by the work of the municipal intellectual property authority, the municipal financial supervisory authority and the beijing silver insurance supervisory authority and report to the municipal intellectual property authority。
Pilot patent enforcement insurance refers to insurance that compensates insured persons for investigation costs, legal costs, etc. Arising from the normal defence of their rights in case of patent infringement。
The insurance against infringement of the pilot patent is the insurance against direct economic loss of the insured person in case of infringement of the patent。
(ii) provision for pilot insurance products
1. Patent enforcement insurance provides a cumulative limit of not less than 20 times the premium, patent infringement insurance provides a cumulative limit of not less than 40 times the premium, and patent enforcement and patent infringement insurance portfolio products provide a cumulative limit of not less than 40 times the premium
The duration of insurance policies for individual champions is one year and for micro, small and medium-sized enterprises in priority areas is three years
3. Pilot enterprises are not allowed to retire without good reason
Insurance companies shall provide the participating enterprises with education and training in, inter alia, intellectual property protection
5. The insurance products are legally registered in the regulatory authority
Insurance provisions, such as restrictions on the services of lawyers, should be made by competitive means, such as public procurement, and not less than five law firms of choice for insured persons
Unreasonable limitation of the insured person's interests cannot be achieved by setting too low a single or sub-compensation limit。
(iii) the scope of insured persons is regulated
The number of insured persons supported by the ipr pilot funds is limited to the city's single champions and priority msmes. Single champion enterprises include those assessed by the ministry of state for industrial and technological affairs or by the city as single champions in manufacturing, single champions in manufacturing, single champions in manufacturing and invisible foreign champions that meet the relevant conditions. The focus area for msmes includes hard-tech msmes and micro-enterprises in 10 high-precision industries。
(iv) provision for pilot insurance patents
1. The insured person is the same as the insured person, and the insured person shall be the patent holder or licensee of the patent. Patents shared with other patent holders shall be insured with the first right holder and with the written consent of the other patentee. Patent tenure is based on the relevant patent data of the national intellectual property office. The licensee should obtain the consent of the patentee
2. The patent under insurance is a valid chinese patent, and the patent for inventions, practical novelty, visual design is insured, with priority given to inventions
A patent should be insured not less than three years before the expiry date of the patent
Patents should be insured without ongoing tenure disputes or tort disputes。
(v) premium subsidy criteria for individual champions
1. During the pilot work, an enterprise first declared 100 per cent subsidy in accordance with the premium standard, a second declaration in accordance with the premium standard in respect of 80 per cent subsidy and a third declaration in respect of 50 per cent subsidy in accordance with the premium standard。
2. The city's single champions and foreign invisible champions receive a premium subsidy of not more than $500,000 per year per company; individual champions ' firms receive a premium subsidy of not more than $300,000 per year per company; and individual champions ' incubators receive a premium subsidy of not more than 200,000 per year per company。
(vi) sets the criteria for subsidy of msmes in priority areas
The first declaration is 100 per cent of the subsidy according to the premium standard, the second is 90 per cent according to the premium standard and the third is 80 per cent according to the premium standard。
Each enterprise receives a premium subsidy of not more than $200,000 per year。
Question answer
(i) under what circumstances can claims be made
1. When patent enforcement insurance is applied to the court in the event of infringement of a patent, when the insured person submits a claim to the court, makes a request for arbitration to an arbitral institution, makes a case or receives a request for administrative processing to the department administering the patent, the insurance company, in accordance with the insurance contract, agrees to compensate for the costs of investigations, legal costs, etc. Arising from the normal defence of rights。
In the event of the infringement of an insured patent, the insurance company agrees to compensate the insured person for the direct economic loss of the tort, in accordance with the insurance contract, upon the filing of a claim for the protection of the patent and upon the entry into force of a court decision, ruling or letter of conciliation, or upon the entry into force of an arbitration instrument of an arbitral institution, or upon the entry into force of an administrative decision or of a conciliation agreement under the auspices of the department administering the patent。
(ii) is it possible to add the same patent in the same year during the pilot period
Not possible. During the pilot period, only one patent may be used in the same year to obtain an insurance policy and not more than one additional period or amount。
(iii) can enterprises renew the same patent in the second and third years? Or is it only for patents other than the previous year's application
The insurance period for msmes is three years, and may not be renewed for the second or third years of the pilot period, but only for patents other than the first year。
The period of insurance for champions is one year, with the possibility of renewal in the second and third year of insurance for previously insured patents, as well as the option of other patents。
(iv) what is the insurance process for enterprises
Please refer to the guidelines for the implementation of the pilot insurance policy on intellectual property in beijing and the specific requirements for the notification of insurance subsidies, which will be published by our bureau online. Our website is: http://zscqj. Beijing. Gov. Cn/。
