Intellectual Property Insurance

In addition to the valuation problem, intellectual property assets are characterized by numerous and diverse infringement risks. As an important asset class, this risk is a serious concern for right holders. Considering its importance for economic development and the need to eliminate the risk of infringement, it is essential to provide a high level of protection. While the rules governing the acquisition of rights and the management of ownership may vary from country to country, they ultimately follow a basic property structure. The person who performs the intellectual endeavour is the owner of the intellectual right as long as he fulfils the legal requirements. The rights of the right holder are also protected by national and international agreements. In addition to this protection, the transfer of the risk inherent in intellectual property rights to insurance companies is a dynamic issue and is specifically supported by developed countries. Within the scope of the study, the basic features of intellectual property rights, protection mechanisms, the interaction of intellectual property law with insurance, and intellectual property insurance policies that cover the risk of infringement are analysed. The study has been prepared by classifying it in three separate sections. In the first part, the scope and basic characteristics of intellectual property rights and the protection mechanisms at national and international level are analysed. After emphasizing that the protection provided by registration is a kind of insurance function, evaluations are made on the protection of intellectual property rights by insurance, intellectual property insurance, the requirements of this insurance and the factors for its inadequate operation. In the second part; how intellectual property insurance is handled in comparative law, where and how the first examples are encountered, private intellectual property insurance policies that cover different risks, the different perspectives of the countries on the scope of the policy and private patent insurance with the examples of the United Kingdom, Singapore, Japan and China are examined. The studies of the European Union on intellectual property insurance and compulsory patent insurance and the possible effects of the EU unitary patent on intellectual property insurance are also evaluated. Finally, in the third part, the existence of the intellectual property insurance policy in Turkish Law and the reasons for the relatively less need for such insurance are discussed and legal protection insurance is analyzed in terms of its similarity to intellectual property insurance. In this process, the existence of intellectual property coverage in the general conditions of legal protection insurance, which entered into force in 1996, is also analysed.