Ping An Insurance Plan for Intellectual Property Right Protection (Copyright)
At the Digital Industry & Intellectual Property Right (Copyright) Protection Service Forum of the 2019 China National Intellectual Property Right Communication Week (Nanshan Stop), Shenzhen Copyright Society and China Ping An Property Insurance Co., Ltd. (“Ping An”) jointly launched the “Insurance + Service” mode for copyright protection insurance to provide the insured with risk assessment service before litigation and right protection service in the litigation.
I. Insurance Security
Litigation loss insurance: When the insured takes a right protection action, the insurer will compensate the litigation expense payable by the plaintiff pursuant to the valid judgment of the court.
Enforcement insurance: When the insured takes a right protection action, the insurer will compensate the amount payable by the defendant pursuant to the valid judgment of the court, and then recover the amount from the defendant or infringer in subrogation.
II. Service Security
- Pre-litigation service: ⑴ Prompt litigation risk: Prompt the insured of the upcoming right protection risk based on relevant information of the case. ⑵ Provide expert wisdom, provide ways for the insured to protect rights and instruct the insured in litigation.
- In-litigation service: ⑴ Set up a right protection team: Help the insured form a right protection team consisting of highly experienced technical experts and lawyers of intellectual property rights. ⑵ Assume right protection expense: Undertake the litigation cost, attorney's fee, evidence collection expense and other expenses of the insured related to the right protection to alleviate the financial burden of the insured, if the case meets the conditions (subject to appraisal of the insurer).
III. Product Plan: See the chart
|Package||Standard Edition||Upgraded Edition||Exclusive Edition|
|Insurance Amount (RMB)||
Litigation loss insurance
|Enforcement insurance||Right confirmation insurance||Premium (RMB)||Litigation loss insurance||Enforcement insurance||Right confirmation insurance||Premium (RMB)||Litigation loss insurance||Enforcement insurance||Right confirmation insurance||Premium (RMB)|
|After authorization||Invention||√||√||√||Determine based on concrete case situation||√||√||√||Determine based on concrete case situation||√||√||√||Determine based on concrete case situation|
|At right protection||Invention||√||Determine based on concrete case situation||√||Determine based on concrete case situation||√||Determine based on concrete case situation|
IV. Insurance Term (3 years)
- If an intellectual property right insured at the application stage incurs no insurance accident during the aforesaid insurance term, the insurance term can be extended for one year free of charge.
- The occurrence time of the litigation loss insurance or enforcement insurance accident is subject to the case acceptance date of the first instance court.
- One insurance will cover multiple right protection actions until the insurance amount is used up.
- The insurance amount of the enforcement insurance may be recovered through the insurer's recourse after compensation. The recovered amount will be the same as the recourse amount that is used to offset the insurance compensation.
V. Application Notes
- Definition of application time at application:Subject to the registration date of the copyright
- Definition of application time at right protection: After an infringement is found.
VI. Application Documents
- Business license of the applicant and the copy of the identity card of the legal representative
- Copy of the copyright registration certificate (the original will be returned after verification) and insurance application
- The following application documents at right protection: Copy of the copyright registration certificate (the original will be returned after verification), insurance application and special documents for right protection
VII. Settlement Flow
- When an insurance accident happens: After finding an infringement, the insured should report the case to Ping An in time. Reporting hotline: 95511
- Submit claim documents: ⑴ Original policy; ⑵ Accident/claim notice; ⑶ Legal status of insured intellectual property right; ⑷ Relevant legal deed issued by court or letter of decision issued by intellectual property right authority. ⑸ Relevant expense bills
- Determine insurance loss: After receiving the claim documents, Ping An will determine whether the accident constitutes an insurance liability and the loss amount based on these documents.
- Complete insurance compensation: Ping An will compensate the insured to the extent of the insurance limit after confirming the insurance liability and loss amount.
VIII. Service Flow
See the chart
- Please check concrete insurance term regarding an intellectual property right that keeps valid
- Check concrete insurance term for a discrepancy between the decision made by the retrial committee and the compensation limit determined through administrative litigation
Under the mode, Ping An will bear the compensation liability pursuant to the contract on copyright protection insurance, and after the insured reports the case to the insurance company, Ping An may recommend Shenzhen Copyright Society to provide pre-litigation services after obtaining the consent from the insured.
After the insured completes the pre-litigation service, if the case of the insured meets conditions and the insured agrees, Shenzhen Copyright Society may participate in the in-litigation service provided by Ping An for the insured.