| Summary: | 碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 97 === In the technology industry, every year High-tech companies can earn enormous royalty income and product profits from their patents owned. However, in addition to the profits and earnings produced, the risks caused by patent infringement also can not be ignored. The legal litigations regarding patent infringement increase rapidly in recent years, but as the result of such litigation are not desirable, it could lead the companies to a serious loss or even bankruptcy. Especially for small and medium-sized companies (SMEs), it is an enormous burden for the companies spending millions or tens of millions on compromise fees or litigation fees. Therefore, the solutions are to choose a suitable and effective risk management system for the company itself to circumvent and disperse the risks. There are various methods when a company confronts with risks, insurance is the best risk management strategy to reduce the loss and to recover quickly after the loss. If companies take advantages of the insurance system to bear the risk of patent litigation as a result of the huge costs and related expenses, companies will be able to achieve maximum effectiveness of risk management at the minimum cost of risk management.
The patent insurance system of the United States has matured day by day, and the operations between the norms and practices are really worth for Taiwan to learn. The industry environment in EU and Taiwan is similar, however, the main purpose of the EU patent insurance system is to protect SMEs and that is something worth for us to study. We should use the EU insurance system as a foundation, and then refer to the terms and operations of the United States insurance contracts, and modify it in accordance with the requirements and conditions in Taiwan. We will be able to design a set of patent insurance system that suits Taiwan. However, it might be true that we may face some problems such as lacking ideas of patent protection, high premiums, the immaturity and insufficiency of professionals in patent valuation. Thus, this thesis recommends that we should enforce compulsory patent insurance system to overcome the above-mentioned difficulties of promoting the patent insurance system.
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