Problems of Risk Insurance in The Field of Intellectual Property

Abstract

The article analyzes the current state and problems of insurance development in the field of intellectual property. The reasons that inhibit the processes of risk insurance in the sphere of intellectual property are considered. On the basis of the study of the current legislation, scientific literature, the ways of improving the legislative regulation of risk insurance in the field of intellectual property are substantiated, the characteristics of the types of risks in this field are provided. It is noted that in the national legislation, among the objects of insurance, only property belonging to real property is specified, which excludes the possibility of recognizing intellectual property objects and rights to them as the object of insurance. It is emphasized that the rights to objects of intellectual property have a special legal regime, different from the right to property (things).
The foreign experience of insurance of risks related to objects of intellectual property is analyzed. Depending on the life cycle of the object of intellectual property, the types of risks are highlighted and considered: the risk of creating the result of intellectual activity, according to the results of the inspection (expertise by an authorized body), does not meet the conditions of legal protection; risk at the stage of acquiring rights to objects of industrial property, effective after state registration; the risk of invalidating the patent/certificate; the risk of violation of rights within contractual relations; risk of loss of commercial attractiveness of innovative development and risk of unsuccessful commercialization; the risk of non-contractual infringement of intellectual property rights.
According to the results of the study, it is proposed to enshrine in the national legislation an independent object of insurance – property rights to objects of intellectual property, acquisition, implementation and disposal of intellectual property rights; and also the need to form a culture of insurance of various risks in the field of intellectual property in practice is noted.