| Summary: | 碩士 === 國立高雄大學 === 法律學系碩士班 === 97 === 21th century is undoubtedly an age of knowledge-based economy by innovative research and development to construct the competiveness of enterprises and countries. Based on the assessment on international competitiveness among many countries by the main institutes, such as World Economic Forum (WEF) and International Institute for Management Development (IMD), the result shows that Taiwan performs excellent in innovation factors, especially the patent productivity. According to the statistics, the number of US Granted Utility Patents of Taiwan is up to 6,360 in 2006, second to the US, Japan, and Germany, which means the strength of development in science and technology of our country has been in an important position in the world.
Although the number of patent application is on the top in the world, the report of industrial survey by Ministry of Economic Affairs, R.O.C. shows that Ratio of technology Balance of Payment in Taiwan is only 0.23 in 2005 ( 2.22 in the US; 2.88 in Japan; 1.13 in Germany). In other words, the number of patents didn’t effectively bring in technology royalty revenues. Taiwan is still a technology-imported country. To explore the reason, it is maybe the problem of patent quality or it is probably the difficulty of enterprises’ protection of patent. In our country, the type of enterprise is mainly small and medium. When the patent is infringed, a huge sum of international patent litigation fee and the risk assessment of winning or losing are not what the Taiwanese enterprises can afford. Therefore, the patent litigation is not only a challenge of enterprise survival, but also a key factor of national competiveness.
“Insurance” is the best way for “Share and Divert Risks.” If we can take the risk of patent through insurance, we can make the enterprise focus on its industrial development and create higher value. The patent insurance of other countries has developed over 20 years. With the rapid increase of litigation, the patent insurance market is also flourishing; however, our country has no similar insurance so far. Therefore, besides introducing the patent insurance laws in other countries and their researches, this study analyzes the content and nature of the insurance policy in practice. It also focuses on researching the difficulties of the patent insurance development in our country and offers proper suggestions.
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