Patent Insurance is Beneficial for China's Foreign Trade Enterprises to deal with the Intellectual Property Barriers of the US

DOI: https://doi.org/10.62517/jel.202514514

Author(s)

Ronghua He

Affiliation(s)

School of Politics and Law, Zhaoqing University, Zhaoqing, Guangdong, China

Abstract

In recent years, the number of patent cases involving Chinese foreign trade enterprises under 337 investigations in the United States has continued to rise. The high litigation costs have led to multiple uncertain outcomes of rights protection, which has deterred many foreign trade enterprises. China is currently conducting pilot demonstrations of patent insurance. However, each pilot project has problems such as patent insurance largely relying on fiscal subsidy for promotion and low enthusiasm of enterprises to purchase patent insurance at their own expense. It is suggested that China's foreign trade enterprises use patent insurance to deal with 337 investigations in the United States. For instance, strategies such as targeted selection of patent insurance products, full utilization of patent insurance to actively respond to lawsuits, and establishment of a long-term mechanism of "patent insurance + enterprise compliance" can be adopted to reduce premiums, increase insurance amounts, enhance the enthusiasm of enterprises to respond to lawsuits, and adopt reasonable response strategies to effectively deal with the Patent insurance is beneficial for China's foreign trade enterprises to deal with the intellectual property barriers of the United State by the United States.

Keywords

Foreign Trade Enterprises; 337 Investigation; Intellectual Property Barriers; Patent Insurance; Suggestions

References

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