Cross-border e-commerce intellectual property insurance system and method thereof
By providing an intellectual property insurance system for cross-border e-commerce, the problem of high litigation costs in intellectual property litigation is solved, ensuring that sellers have basic guarantees in the litigation process, and encouraging sellers to actively respond to intellectual property disputes.
Patent Information
- Application Number
- CN202411718774.8
- Authority / Receiving Office
- CN · China
- Patent Type
- Applications(China)
- Current Assignee / Owner
- Priority Date
- 2023-11-27
- Filing Date
- 2024-11-27
- Publication Date
- 2025-05-27
AI Technical Summary
Cross-border e-commerce faces high litigation costs and difficulties in intellectual property litigation, which has led many sellers to choose to give up their rights protection.
Provide a cross-border e-commerce intellectual property insurance system that allows sellers to purchase insurance to cover the attorney's fees for intellectual property litigation, ensuring that sellers have basic protections during the litigation process.
Through the intellectual property insurance system, the economic pressure on sellers in intellectual property litigation is reduced, and sellers are encouraged to actively deal with intellectual property disputes and avoid losing cases due to lack of financial support.
Smart Images
Figure CN120047273A_ABST
Abstract
Description
Technical Field
[0001] The present invention relates to an insurance management system, and more particularly to a cross-border e-commerce intellectual property insurance system and method thereof. Background Art
[0002] With the rapid development of Internet technology, business transactions between different countries and regions can realize a series of cross-border business activities such as transactions of goods or services, payment and logistics distribution through the Internet platform, which provides sellers with a broader market space and business opportunities.
[0003] However, for sellers who have developed original products, when selling products and services on cross-border e-commerce platforms, there is a risk that other sellers will copy and sell them, and infringe their intellectual property rights. If the infringement occurs in places such as the United States and Europe, the cost of defending rights is very high, which may cause these sellers to give up defending their rights.
[0004] On the other hand, sellers may also encounter intellectual property lawsuits filed by other rights holders in foreign regions. For example, cross-border e-commerce companies may encounter temporary restraining orders (TROs) in the United States. Intellectual property rights holders use temporary injunctions issued by U.S. courts to quickly stop the alleged infringement of e-commerce platform sellers suspected of infringement. Once a TRO is encountered, sellers will encounter situations such as the removal of links from the e-commerce platform, freezing of funds on the e-commerce platform, and closure of stores, which will deal a heavy blow to cross-border e-commerce sellers.
[0005] However, to resolve a TRO case, sellers generally have only two options: reconcile with the plaintiff or respond to the lawsuit in court. The seller may not have violated the plaintiff's rights, but if the seller does not actively deal with it, the court will determine it as a default judgment, which will directly lead to the loss of the case. However, both reconciliation and responding to the lawsuit in court require entrusting a local American lawyer, and professional and experienced lawyers charge high fees, which makes sellers reluctant to deal with TROs. Summary of the invention
[0006] One advantage of the present invention is that it provides a cross-border e-commerce intellectual property insurance system and method, which allows cross-border e-commerce to purchase insurance so that cross-border e-commerce can actively respond to intellectual property litigation in countries or regions with high litigation costs.
[0007] One advantage of the present invention is that it provides a cross-border e-commerce intellectual property insurance system and method thereof, wherein after a seller conducts intellectual property rights protection and loses the case, the cross-border e-commerce intellectual property insurance system will pay the claim for attorney fees as agreed in the insurance contract, thereby providing the seller with certain basic protection when participating in intellectual property rights protection.
[0008] One advantage of the present invention is to provide a cross-border e-commerce intellectual property insurance system and its method. After the seller responds to and loses an intellectual property lawsuit initiated by the intellectual property right holder, the cross-border e-commerce intellectual property insurance system will pay the legal fee compensation as agreed in the insurance contract, so that the seller will have more confidence to participate in the intellectual property lawsuit, and avoid the seller's laissez-faire and passive response to the intellectual property lawsuit.
[0009] According to one aspect of the present invention, the present invention provides an intellectual property insurance system, which includes:
[0010] An insurance application module, which provides an insurance contract. Among them, the insurance contract stipulates that the applicant for insurance is a cross-border e-commerce seller or a legal service provider providing legal services for the cross-border e-commerce seller. Among them, the content of legal services provided and the compensation conditions stipulated in the insurance contract are that intellectual property disputes are encountered, and the beneficiary in the insurance contract is the legal service provider providing legal services for the cross-border e-commerce seller to pay the legal service fees; and
[0011] An execution module, which is communicatively connected to the insurance application module. The execution module receives a claim application. The execution module finds the corresponding insurance contract according to the claim application. Among them, the execution module determines whether the evidence provided in the claim application meets at least one of the compensation conditions stipulated in the insurance contract. If the execution module determines that the evidence provided in the claim application meets the at least one compensation condition, the execution module pays the compensation fee stipulated in the insurance contract to the cross-border e-commerce seller or the legal service provider providing legal services for the cross-border e-commerce seller. Description of the Drawings
[0012] Figure 1 is a flowchart of insurance claim settlement for the plaintiff right holder seller according to a preferred embodiment of the present invention.
[0013] Figure 2 is a flowchart of insurance claim settlement for the defendant seller according to the above preferred embodiment of the present invention Detailed Embodiments
[0014] The following description is used to disclose the present invention so that those skilled in the art can implement the present invention. The preferred embodiments described below are only examples, and those skilled in the art can think of other obvious variations. The basic principles defined in the following description can be applied to other implementation schemes, variant schemes, improvement schemes, equivalent schemes, and other technical schemes that do not deviate from the spirit and scope of the present invention.
[0015] The present invention provides an intellectual property insurance system, which is a network service platform. The system provides a client for users such as cross-border e-commerce sellers to log in and purchase insurance, and provides a server for insurance service providers to provide intellectual property litigation insurance claim settlement services for cross-border e-commerce sellers or legal service providers who provide legal services for cross-border e-commerce sellers.
[0016] Correspondingly, the intellectual property insurance system includes an insurance application module for an insurance contract. In the insurance contract, the applicant is stipulated to be a cross-border e-commerce seller or a legal service provider who provides legal services for cross-border e-commerce sellers. In the insurance contract, the content of legal services provided and the compensation conditions are stipulated as encountering intellectual property disputes, and the beneficiary in the insurance contract is a cross-border e-commerce seller or a legal service provider who provides legal services for cross-border e-commerce sellers.
[0017] The applicant can register an account in the intellectual property insurance system, such as entering information such as a user name and a login password, and access the insurance application module. In the insurance application module, the applicant can perform a series of operations to generate the insurance contract.
[0018] The insurance application module includes an applicant module for inputting applicant information. The applicant can be an individual, an e-commerce seller company, or other third parties such as legal service providers who provide legal services for cross-border e-commerce sellers. When the applicant is an individual, the applicant module needs to collect personal information such as the name and identification information of the individual. When the applicant is an e-commerce seller company, the applicant module needs to collect the business license information of the e-commerce seller company. When the applicant is other third-party investors, the applicant module needs to collect the identity information of the corresponding other third party.
[0019] The applicant module can further input the corresponding information of the beneficiary. For example, the beneficiary is a cross-border e-commerce seller, a legal service provider who provides legal services for cross-border e-commerce sellers, or other parties. The beneficiary information needs to include the corresponding bank account information.
[0020] The insurance application module includes an insured subject module for cross-border e-commerce sellers to upload information about the subject for which insurance is to be purchased. The insured subject is selected from one or more of products, stores on e-commerce platforms, or product links.
[0021] For example, when the insured subject is a product, the cross-border e-commerce seller needs to upload relevant information about the product in the insured subject module, including but not limited to product manuals, product manufacturer information, product trademark information, product-related identification information, and information about product sales channels including which e-commerce platforms.
[0022] When the subject matter of insurance is a store on an e-commerce platform, a cross-border e-commerce seller needs to upload specific e-commerce platform information, relevant information of the store registered on the corresponding e-commerce platform, and product information sold online in the store in the subject matter of insurance module.
[0023] When the subject matter of insurance is a product link on an e-commerce platform, a cross-border e-commerce seller needs to upload the product sales link on the specific e-commerce platform, such as the Listing address on the Amazon website in the United States, in the subject matter of insurance module.
[0024] The insurance module includes an insurance term module. The policyholder needs to select the term of the insurance in the insurance term module. For example, the insurance term can be one year. After one year expires and no intellectual property litigation occurs, the policyholder needs to purchase insurance again.
[0025] The insurance module includes an intellectual property selection module. The policyholder needs to select the type of intellectual property to be insured in the intellectual property selection module, which can be one or several of invention patents, design patents, trademarks, copyrights, and trade dress related to the product.
[0026] The insurance module includes an insurance amount module. The insurance amount module is connected to the subject matter of insurance module, the insurance term module, and the intellectual property selection module. After the policyholder selects the subject matter of insurance, the insurance term, and the specific type of intellectual property, the insurance amount module allows the policyholder to select or input the specific insurance amount.
[0027] The insurance module includes a claim amount module. The claim amount module will generate a specific claim amount based on the above insurance information. For example, the claim amount can be a multiple of the insurance amount, such as 20 - 50 times.
[0028] When the policyholder inputs the corresponding insurance information in the policyholder module, the subject matter of insurance module, the insurance term module, the intellectual property selection module, and the insurance amount module respectively, and the claim amount module determines the specific claim amount, the insurance module provides an insurance contract. The insurance module further includes a payment module. When the policyholder completes the payment in the intellectual property insurance system, the insurance contract is generated.
[0029] In addition, before the insurance module confirms the insurance contract, the insurance module can also conduct a risk assessment based on the products and intellectual property materials provided by the insured subject matter selected.
[0030] Before the insurance module confirms the insurance contract, the insurance module performs a risk assessment based on the intellectual property information provided by the selected insured object to obtain a risk assessment report, and the insurance service provider or the legal expert hired by the insurance service, or the legal service provider providing legal services to the cross-border e-commerce sellers performs a risk assessment based on the selected insured object and the intellectual property information provided to obtain a service provider assessment report, wherein the insurance module performs a risk assessment again based on the risk assessment report and the service provider assessment report to determine whether to accept the insurance of the insured object and determine the insurance amount.
[0031] Optionally, when the insured takes out insurance, the insurance module can further agree on a service provider who provides legal services to cross-border e-commerce sellers when intellectual property litigation occurs. Accordingly, the insurance module further includes a legal service provider module. The legal service provider, such as a lawyer in the place where the intellectual property litigation occurs, can be provided by the insurance service provider, and the claim amount varies according to the qualifications and intellectual property experience of different lawyers.
[0032] The insured can also upload the lawyer recommended by the insured in the legal service provider module. The insurance service provider will make an assessment based on the qualifications and intellectual property experience of the recommended lawyer. If the requirements are not met, the insurance contract will not be generated. If the requirements are met, the multiple of the claim amount will be determined based on the qualifications and intellectual property experience of the lawyer.
[0033] When an intellectual property lawsuit occurs regarding the insured subject matter entered into the insured subject matter module during the insurance period, the insurance module includes an intellectual property lawsuit information module, and the insured uploads corresponding intellectual property lawsuit-related information in the intellectual property lawsuit information module, such as the court, region, case number, plaintiff and defendant, and relevant information of the entrusted lawyer to participate in the lawsuit.
[0034] When the intellectual property lawsuit is over, the insured makes a claim on the intellectual property insurance system based on the outcome of the lawsuit. More specifically, when the cross-border e-commerce seller insured by the insured loses the intellectual property lawsuit, the insurance service provider compensates the insured for the compensation fees agreed in the insurance contract through the intellectual property insurance system.
[0035] More specifically, the intellectual property insurance system correspondingly includes an execution module, which is communicatively connected to the insurance application module. The execution module receives a claim application, and based on the claim application, finds the corresponding insurance contract. Among them, the execution module determines whether the evidence provided in the claim application meets at least one compensation condition specified in the insurance contract. If the execution module determines that the evidence provided in the claim application meets the at least one compensation condition, the execution module pays the compensation fee specified in the insurance contract to the beneficiary, and the beneficiary is a cross-border e-commerce seller or a legal service provider that provides legal services to cross-border e-commerce sellers.
[0036] If a lawsuit occurs for the insured subject, and it is stipulated in the insurance contract that the claim payment time is after the conclusion of the case corresponding to the lawsuit. If the case corresponding to the lawsuit is lost, the execution module determines the amount of the claim payment based on the legal service fees provided in the claim application, and the amount of the claim payment is the fee for providing legal services to the cross-border e-commerce seller in the claim application.
[0037] The execution module correspondingly includes an evidence upload module, which is used for the policyholder to upload proof documents of the lawsuit result, such as court judgments or rulings. When the policyholder has paid the corresponding lawyer fees to the legal expert, the policyholder can upload the payment voucher. The execution module further includes a claim settlement judgment module, which is connected to the evidence upload module and the insurance application module to compare whether the corresponding insured amount, insurance period, type of intellectual property rights, insured subject information in the insurance application module are relevant and corresponding to the proof documents uploaded in the evidence upload module. When the claim settlement judgment module determines that the claim conditions are met, the insurance service provider compensates the beneficiary with the compensation fee stipulated in the insurance contract through the payment module of the intellectual property insurance system.
[0038] When the policyholder has not paid the corresponding lawyer fees to the legal service provider. The claim settlement judgment module compares whether the corresponding insured amount, insurance period, type of intellectual property rights, insured subject information, legal service provider information in the insurance application module are relevant and corresponding to the proof documents uploaded in the evidence upload module. When the claim settlement judgment module determines that the claim conditions are met, the insurance service provider pays the compensation fee stipulated in the insurance contract to the legal service provider that provides legal services to the cross-border e-commerce seller through the payment module of the intellectual property insurance system. When the payment amount is not enough for the total amount of the legal service provider, the policyholder pays the remaining amount.
[0039] In addition, the intellectual property insurance system further includes a funds module, which manages the funds used to pay the expenses incurred during the litigation. Among them, according to the service provider's evaluation report, if the insured subject matter incurs litigation, and the expenses required to pay for the corresponding litigation cases generated by the insured subject matter are greater than a threshold value, the insurance application module sends a funds increase request to the funds module.
[0040] After receiving the funds increase request, the funds module determines the winning rate of the corresponding litigation cases and the amount of funds required according to the service provider's evaluation report. If the amount of funds required is less than or equal to a funds threshold value, the funds module approves the funds increase request.
[0041] After receiving the funds increase request, the funds module invites other legal service providers to separately evaluate the winning rate of the cases corresponding to the litigation, and obtains at least one winning rate evaluation report. Among them, the funds module further determines whether to approve the funds requirement according to the winning rate evaluation report.
[0042] If the case corresponding to the litigation wins and a compensation amount is obtained, the funds management module provides at least one case that requires additional funds for the policyholder to choose whether to use the obtained compensation amount for the selected case that requires additional funds. If the policyholder decides to use the obtained compensation amount for the selected case that requires additional funds, the funds management module generates a funds usage agreement to restrict the use of the funds and the distribution plan of the obtained compensation amount if the selected case that requires additional funds wins.
[0043] It is worth mentioning that during the process of intellectual property litigation, the intellectual property insurance system can stipulate that when the insurance period has ended but the litigation result has not come out, the policyholder needs to continue to purchase a new intellectual property litigation insurance.
[0044] Reference Figure 1 As shown in [[reference]], the intellectual property insurance system can provide insurance for cross-border e-commerce sellers to sponsor rights protection. Here, taking intellectual property rights protection in the United States as an example. More specifically, cross-border e-commerce sellers sell their products to consumers in the United States on e-commerce platforms, and cross-border e-commerce sellers obtain intellectual property rights such as patents, trademarks, copyrights or trade dress for their products in the United States, or obtain intellectual property rights licenses from the corresponding right holders. Sellers with such intellectual property rights can purchase corresponding intellectual property litigation insurance through the intellectual property insurance system of the present invention. And after losing the lawsuit in the process of intellectual property rights protection, the cross-border e-commerce intellectual property insurance system will pay the lawyer fee compensation expenses as agreed in the insurance contract, so that the seller has a certain basic guarantee when participating in intellectual property rights protection.
[0045] More specifically, the applicant uploads applicant information in the applicant module, where the applicant can be a cross-border e-commerce seller, an intellectual property owner, or a third-party investor. In the beneficiary information, the corresponding cross-border e-commerce seller, intellectual property owner, third-party investor, or a service provider providing legal services to the cross-border e-commerce seller can be uploaded.
[0046] The applicant uploads the products related to the intellectual property, product links, or the store selling products with intellectual property protection in the insured subject module. The applicant uploads or selects the insurance term information in the insurance term module, selects the type of intellectual property in the intellectual property selection module, and uploads relevant right certification documents of the intellectual property, such as patent certificates, trademark registration certificates, copyright registration certificates, trade dress registration certificates, etc. When the intellectual property is derived from the transfer, assignment, or license of other right holders, relevant information on the source of the right requirements also needs to be uploaded. When the applicant is considering purchasing insurance and the intellectual property has not been authorized yet, such as an invention patent under application that has not been authorized, the applicant can also first upload the corresponding patent application file information and update the relevant information in the intellectual property selection module after the patent is authorized.
[0047] After the applicant further inputs the corresponding insurance information in the insured amount module and the claim amount module determines the specific claim amount, the insurance module provides an insurance contract, and when the applicant completes the payment in the intellectual property insurance system, the insurance contract is generated.
[0048] It can be understood that before the cross-border e-commerce seller initiates an intellectual property lawsuit, the applicant can conclude the insurance contract in the intellectual property insurance system. After the cross-border e-commerce seller has initiated an intellectual property lawsuit, the applicant can still conclude the insurance contract in the intellectual property insurance system, and the intellectual property insurance system determines whether to generate the contract and the multiple of the claim amount according to the corresponding evaluation report.
[0049] When the cross-border e-commerce seller acts as the plaintiff and initiates an intellectual property lawsuit in the United States, if the result of the lawsuit is a settlement or victory, the claim condition is not triggered, and the insurance service provider does not need to pay compensation. After the settlement or victory, the defendant will pay the settlement amount, infringement compensation amount, or intellectual property license fee to the legal service provider. At this time, the legal service provider can pay a certain proportion of the settlement amount, infringement compensation amount, or intellectual property license fee to the applicant, cross-border e-commerce seller, beneficiary, investor, or the right holder of the intellectual property. The remaining amount can be used as a fund pool for the investors in the intellectual property lawsuit in the intellectual property insurance system. In the intellectual property insurance system, other cross-border e-commerce sellers can inquire the investors managing the above fund pool in the intellectual property insurance system to see if they can provide financial support for the applicant purchasing insurance for intellectual property lawsuit rights protection.
[0050] Reference Figure 2 As shown, the intellectual property insurance system can provide insurance for cross-border e-commerce sellers who are defendants to settle and defend lawsuits. The following takes the intellectual property lawsuit in the United States as an example. More specifically, the cross-border e-commerce seller sells its products to consumers in the United States on the e-commerce platform, and the cross-border e-commerce seller is aware of the risk of intellectual property infringement in the United States. And after being sued by the intellectual property right holder in court, the cross-border e-commerce seller defendant participates in the intellectual property lawsuit. After losing the lawsuit, the cross-border e-commerce intellectual property insurance system will pay the attorney fee compensation expenses as agreed in the insurance contract to prevent the seller from ignoring it and suffering losses in vain.
[0051] More specifically, the applicant uploads the applicant information in the applicant module, where the applicant can be a cross-border e-commerce seller or a relevant capital party. The corresponding cross-border e-commerce seller, third-party investor, or service provider that provides legal services to the cross-border e-commerce seller can be uploaded in the beneficiary information.
[0052] The applicant uploads the information of the product, product link, or store in the insured subject module. The applicant uploads or selects the insurance period information in the insurance period module and selects the type of intellectual property in the intellectual property selection module. The applicant can upload the intellectual property certificate with potential infringement risks for the subsequent insurance service provider to judge the compensation expenses based on the relevant information. After the applicant further inputs the corresponding insurance information in the insured amount module and the claim amount module determines the specific claim amount, the insurance contract is provided in the insurance module. When the applicant completes the payment in the intellectual property insurance system, the insurance contract is generated.
[0053] It can be understood that before the cross-border e-commerce seller becomes a defendant in an intellectual property lawsuit, the applicant can stipulate the insurance contract in the intellectual property insurance system. After the cross-border e-commerce seller has become a defendant in an intellectual property lawsuit, the applicant can still stipulate the insurance contract in the intellectual property insurance system. The intellectual property insurance system judges whether to generate the contract and the multiple of the claim amount based on the corresponding evaluation report.
[0054] When the cross-border e-commerce seller is a defendant and participates in an intellectual property lawsuit in the United States, if the result of the lawsuit is a settlement or victory, the claim condition is not triggered, and the insurance service provider does not need to pay compensation. When the result of the lawsuit is a defeat, the applicant uploads the corresponding defeat proof document in the intellectual property insurance system, and the execution module pays the compensation expenses stipulated in the insurance contract to the beneficiary, who is the cross-border e-commerce seller or the legal service provider that provides legal services to the cross-border e-commerce seller.
Claims
1. An intellectual property insurance system, characterized in that: include, an insurance module, wherein the insurance module provides an insurance contract, wherein the insurance contract stipulates that the insured is a cross-border e-commerce seller or a legal service provider providing legal services to the cross-border e-commerce seller, wherein the content of the legal services provided and the compensation conditions stipulated in the insurance contract are intellectual property disputes, and the beneficiary in the insurance contract is the cross-border e-commerce seller or the legal service provider providing legal services to the cross-border e-commerce seller, in order to pay the cost of the legal services; and An execution module, the execution module is communicatively connected to the insurance module, the execution module receives a claim application, and the execution module finds the corresponding insurance contract based on the claim application, wherein the execution module determines whether the evidence provided in the claim application meets at least one compensation condition specified in the insurance contract. If the execution module determines that the evidence provided in the claim application meets at least one compensation condition, the execution module pays the compensation fee specified in the insurance contract to the cross-border e-commerce seller or the legal service provider who provides legal services to the cross-border e-commerce seller.
2. The intellectual property insurance system according to claim 1, wherein: The insured object specified in the insurance contract is selected from one or more of products, stores or product links.
3. The intellectual property insurance system according to claim 1, wherein: The insurance contract accepts insurance for the legal service provider of the cross-border e-commerce service.
4. The intellectual property insurance system according to claim 1, wherein: If a lawsuit is filed regarding the insured object, and the insurance contract stipulates that the claim amount will be paid after the case to which the lawsuit corresponds is concluded, and if the case to which the lawsuit corresponds is lost, the execution module determines the amount of the claim amount based on the legal service fees provided in the claim application, which is the fee for providing legal services to the cross-border e-commerce seller in the claim application.
5. The intellectual property insurance system according to claim 1, wherein: Before the insurance module confirms the insurance contract, the insurance module performs risk assessment based on the intellectual property information provided by the selected insured object, wherein the intellectual property information includes patents, trademarks and copyrights.
6. The intellectual property insurance system according to claim 1, wherein: Before the insurance module confirms the insurance contract, the insurance module performs a risk assessment based on the intellectual property information provided by the selected insured object to obtain a risk assessment report, and the legal service provider providing legal services to cross-border e-commerce sellers performs a risk assessment based on the intellectual property information provided by the selected insured object to obtain a service provider assessment report, wherein the insurance module performs a risk assessment again based on the risk assessment report and the service provider assessment report to determine whether to accept the insurance of the insured object.
7. The intellectual property insurance system according to claim 6, wherein: The intellectual property insurance system further includes a funding module, which manages the payment of expenses incurred during the litigation process, wherein the insurance module determines based on the service provider's evaluation report that if the insured object is involved in a lawsuit, and the expenses required to be paid for the corresponding case resulting from the insured object replacement are greater than a threshold, the insurance module sends a request for additional funds to the funding module.
8. The intellectual property insurance system according to claim 7, wherein: After the funding module accepts the request for increasing funds, it determines the winning rate of the corresponding litigation case and the amount of funds required based on the service provider's evaluation report. If the amount of funds required is less than or equal to a funding threshold, the funding module allows the request for increasing funds.
9. The intellectual property insurance system according to claim 8, wherein: After the funding module accepts the request for additional funds, it invites other legal service providers to conduct a win rate assessment on the cases corresponding to the lawsuit to obtain at least one win rate assessment report, wherein the funding module further determines whether to approve the funding demand based on the win rate assessment report.
10. The intellectual property insurance system according to claim 7, wherein: If the case corresponding to the lawsuit wins and a compensation amount is obtained, the fund management module provides at least one case that requires additional funds for the insured to choose whether to use the obtained compensation amount for the selected case that requires additional funds. If the insured decides to use the obtained compensation amount for the selected case that requires additional funds, the fund management module generates a fund use agreement to restrict the use of funds and the distribution plan of the obtained compensation amount if the selected case that requires additional funds wins.