Cross-border e-commerce intellectual property insurance system and method thereof

Abstract

A cross-border e-commerce intellectual property insurance system and a method thereof. The intellectual property insurance system comprises an insurance module and an execution module. The insurance module provides an insurance contract, the insurance contract stipulates the content of legal service provided and a compensation condition that an intellectual property dispute arises, and the beneficiary according to the insurance contract is a legal service provider who provides legal service to a cross-border e-commerce seller, so as to pay the fee of the legal service. The execution module is communicationally connected to the insurance module, and the execution module receives a claim application and locates the corresponding insurance contract on the basis of the claim application, wherein the execution module determines whether evidence provided in the claim application satisfies the lawsuit losing compensation condition stipulated in the insurance contract, and if yes, the execution module pays the compensation fee stipulated in the insurance contract to the beneficiary.

Description

Cross-border e-commerce intellectual property insurance system and method 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, payments and logistics distribution through the Internet platform, which provides sellers with a broader market space and business opportunities.

[0003] However, for sellers who develop original products and services, selling them on cross-border e-commerce platforms runs the risk of other sellers copying and infringing their intellectual property rights. If the infringement occurs in places like the United States or Europe, the cost of defending against infringement is very high, which may lead these sellers to give up defending their rights.

[0004] On the other hand, sellers may also face intellectual property lawsuits filed by other rights holders in foreign jurisdictions. For example, cross-border e-commerce businesses may face temporary restraining orders (TROs) in the United States. These orders are relief orders issued by US courts, where intellectual property rights holders quickly halt alleged infringing activities by sellers on e-commerce platforms. Once a TRO is filed, sellers face the removal of links from the e-commerce platform, the freezing of platform funds, and even the closure of their stores, which can be a significant blow to cross-border e-commerce sellers.

[0005] However, to resolve a TRO case, sellers generally have only two options: settle with the plaintiff or defend the case in court. A seller may not have infringed upon the plaintiff's rights, but if they fail to address the situation, the court will deem the case a default judgment, leading to a loss. However, both settlement and defense require the use of local U.S. attorneys, and professional and experienced attorneys charge high fees, making TROs a daunting prospect for sellers. 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 companies to purchase insurance so that they 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. After a seller defends his intellectual property rights and loses the case, the cross-border e-commerce intellectual property insurance system will pay the claim according to the attorney fees agreed in the insurance contract, thereby providing the seller with certain basic protection when participating in intellectual property rights defense.

[0008] One advantage of the present invention is that it provides a cross-border e-commerce intellectual property insurance system and method. After a seller responds to and loses an intellectual property lawsuit initiated by an intellectual property right holder, the cross-border e-commerce intellectual property insurance system will pay the claim according to the attorney fees agreed in the insurance contract, thereby making the seller more confident in participating in the intellectual property lawsuit and avoiding the seller's inaction 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, comprising:

[0010] 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 legal service provider providing legal services to the cross-border e-commerce seller to pay the legal service fees; and

[0011] 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 the 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 a legal service provider that provides legal services to the cross-border e-commerce seller. BRIEF DESCRIPTION OF THE DRAWINGS

[0012] FIG1 is a flowchart of an insurance claim settlement of a plaintiff, a seller, according to a preferred embodiment of the present invention.

[0013] FIG. 2 is a flowchart of the insurance claim settlement of the defendant seller according to the preferred embodiment of the present invention. DETAILED DESCRIPTION

[0014] The following description is intended to disclose the present invention so that those skilled in the art can implement the present invention. The preferred embodiments described below are for illustrative purposes only, and those skilled in the art will readily appreciate other obvious variations. The basic principles of the present invention defined in the following description may be applied to other embodiments, variations, improvements, equivalents, and other technical solutions that do not depart 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. It provides a user end for users such as cross-border e-commerce sellers to log in and purchase insurance, and provides a service end for insurance service providers to provide intellectual property litigation insurance claims services to cross-border e-commerce sellers or legal service providers who provide legal services to cross-border e-commerce sellers.

[0016] Accordingly, the intellectual property insurance system includes an insurance module, which provides an insurance contract, wherein the insurance contract stipulates that the insured is a cross-border e-commerce seller or a legal service provider that provides legal services to cross-border e-commerce sellers, wherein the content of the legal services provided and the compensation conditions stipulated in the insurance contract are encountered intellectual property disputes, and the beneficiary in the insurance contract is a cross-border e-commerce seller or a legal service provider that provides legal services to cross-border e-commerce sellers.

[0017] The insured can register an account in the intellectual property insurance system, such as entering information such as a user name and login password, and access the insurance module. In the insurance module, the insured can perform a series of operations to generate the insurance contract.

[0018] The insurance module includes a policyholder module, which is used to input the policyholder's information. For example, the policyholder can be an individual, an e-commerce seller company, or another third party, such as a legal service provider providing legal services to cross-border e-commerce sellers. When the policyholder is an individual, the policyholder module needs to collect the individual's name, identity identification information, etc. When the policyholder is an e-commerce seller company, the policyholder module needs to collect the e-commerce seller company's business license information. When the policyholder is another third-party investor, the policyholder module needs to collect the identity information of the corresponding other third party.

[0019] The corresponding information of the beneficiary can be further input into the insured module. For example, if the beneficiary is a cross-border e-commerce seller, a legal service provider providing legal services to cross-border e-commerce sellers, or other party, the corresponding bank account information needs to be entered in the beneficiary information.

[0020] The insurance module includes an insured object module, which allows cross-border e-commerce sellers to upload information about the objects they want to insure. The insured objects can be selected from one or more of the following: products, stores on the e-commerce platform, or product links.

[0021] For example, when the insured object is a product, the cross-border e-commerce seller needs to upload relevant information of the product in the insured object module, including but not limited to product instructions, product manufacturer information, product trademark information, product-related identification information, product sales channels including which e-commerce platforms, and other information.

[0022] When the insured object is a store on an e-commerce platform, the cross-border e-commerce seller needs to upload the specific e-commerce platform information and relevant information of the store registered on the corresponding e-commerce platform, as well as the product information sold online in the store in the insured object module.

[0023] When the insured object is a product link on an e-commerce platform, the cross-border e-commerce seller needs to upload the specific product sales link on the e-commerce platform in the insured object module, such as the listing address on the US Amazon website.

[0024] The insurance module includes an insurance period module, in which the insured needs to select the insurance period, for example, the insurance period can be one year. After the one-year period, if no intellectual property lawsuit occurs, the insured needs to purchase insurance again.

[0025] The insurance module includes an intellectual property selection module, in which the insured needs to select the type of intellectual property to be insured, which can be one or more of product-related invention patents, appearance patents, trademarks, copyrights and trade dress.

[0026] The insurance module includes an insurance amount module, which is connected to the insurance subject module, the insurance period module and the intellectual property selection module. After the insured selects the insured subject, the insurance period and the specific type of intellectual property, the insurance amount module allows the insured to select or enter a specific insurance amount.

[0027] The insurance module includes a claim amount module, which generates a specific claim amount based on the insurance information. For example, the claim amount can be a multiple of the insured amount, such as 20-50 times.

[0028] After the policyholder enters the corresponding insurance information in the policyholder module, the insured subject module, the insurance period module, the intellectual property selection module, and the insured amount module, 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 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 may also perform a risk assessment based on the products and intellectual property information provided by the selected insured object.

[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. 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 provided intellectual property information to obtain a service provider assessment report. 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, they can further specify in the insurance application module a service provider to provide legal services to cross-border e-commerce sellers in the event of intellectual property litigation. Accordingly, the insurance application module further includes a legal service provider module. This legal service provider, such as a lawyer in the location where the intellectual property litigation occurs, can be provided by the insurance service provider. The claim amount will vary depending on the lawyer's qualifications and intellectual property experience.

[0032] Policyholders can also upload their own recommended lawyers in the legal service provider module. The insurance service provider will evaluate the recommended lawyer's qualifications and IP experience. If the recommended lawyer does not meet the requirements, the insurance contract will not be issued. If the recommended lawyer does meet the requirements, the claim multiplier will be determined based on the lawyer's qualifications and IP experience.

[0033] When an intellectual property lawsuit occurs against the insured object entered in the insured object 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 IP litigation concludes, the insured can file a claim based on the outcome of the litigation on the IP insurance system. More specifically, if the insured cross-border e-commerce seller loses the IP litigation, the insurance service provider will compensate the insured for the compensation costs agreed upon in the insurance contract through the IP insurance system.

[0035] More specifically, the intellectual property insurance system correspondingly includes an execution module, which 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. 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 beneficiary, who 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 in relation to the insured object, and the insurance contract stipulates that the claim amount shall be paid after the case corresponding to the lawsuit is concluded, and if the case corresponding to the lawsuit is lost, the execution module shall determine the amount of the claim amount based on the legal service fees provided in the claim application, which shall be the fees for providing legal services to the cross-border e-commerce seller in the claim application.

[0037] The execution module accordingly includes an evidence upload module, which allows the insured to upload documents supporting litigation outcomes, such as court judgments or rulings. If the insured has already paid the corresponding legal expert's attorney fees, the insured can also upload a payment receipt. The execution module further includes a claims determination module, connected to the evidence upload module and the insurance module, to compare the insured amount, insurance period, intellectual property type, and insured subject matter information in the insurance module with the supporting documents uploaded in the evidence upload module to ensure they are relevant and consistent. If the claims determination module determines that the claim conditions are met, the insurance service provider will compensate the beneficiary for the compensation fees agreed upon in the insurance contract through the payment module of the intellectual property insurance system.

[0038] When the policyholder has not yet paid the corresponding attorney fees to the legal service provider, the claim judgment module compares the corresponding insured amount, insurance period, intellectual property type, insured subject information, and legal service provider information in the insurance module with the supporting documents uploaded in the evidence upload module to see if they are relevant and corresponding. When the claim judgment module determines that the claim conditions are met, the insurance service provider pays the compensation fees agreed in the insurance contract to the legal service provider who provides legal services to cross-border e-commerce sellers through the payment module of the intellectual property insurance system. If the payment amount is less than the total amount owed to the legal service provider, the policyholder shall pay the remaining amount.

[0039] In addition, the intellectual property insurance system further includes a funding module, which manages the expenses incurred during the litigation process. The insurance module determines based on the service provider's evaluation report that if the insured object is involved in a lawsuit, the expenses required to be paid for the corresponding case resulting from the replacement of the insured object are greater than a threshold, and the insurance module issues a request for additional funds to the funding module.

[0040] After the funding module accepts the request for additional 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 additional funds.

[0041] 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 request based on the win rate assessment report.

[0042] 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 compensation amount obtained for the selected case that requires additional funds. If the insured decides to use the compensation amount obtained for the selected case that requires additional funds, the fund management module generates a fund use agreement to constrain the use of funds and the distribution plan of the compensation amount obtained if the selected case that requires additional funds wins.

[0043] It is worth mentioning that when the intellectual property litigation process is in progress, the intellectual property insurance system can stipulate that when the insurance period has ended but the litigation has not yet produced a result, the insured needs to continue to purchase new intellectual property litigation insurance.

[0044] As shown in Figure 1, the intellectual property insurance system can provide cross-border e-commerce sellers with insurance to support their rights protection efforts. The following example uses intellectual property protection in the United States. More specifically, a cross-border e-commerce seller sells its products to consumers in the United States on an e-commerce platform. In this case, the seller has acquired patents, trademarks, copyrights, or trade dress related to its products in the United States, or has obtained intellectual property licenses from the corresponding rights holders. Sellers holding such intellectual property can purchase corresponding intellectual property litigation insurance through the intellectual property insurance system of the present invention. Furthermore, if a seller loses an intellectual property protection lawsuit, the cross-border e-commerce intellectual property insurance system will pay the attorney fees stipulated in the insurance contract, providing sellers with a certain level of basic protection when participating in intellectual property protection.

[0045] More specifically, the policyholder uploads policyholder information in the policyholder module, where the policyholder can be a cross-border e-commerce seller, intellectual property owner, or third-party investor. The beneficiary information can include the corresponding cross-border e-commerce seller, intellectual property owner, third-party investor, or service provider providing legal services to cross-border e-commerce sellers.

[0046] The insured uploads the intellectual property-related products, product links, or stores that sell products protected by intellectual property rights in the insured subject module. The insured uploads or selects the insurance period information in the insurance period module, selects the type of intellectual property in the intellectual property selection module, and uploads relevant intellectual property rights certification documents such as patent certificates, trademark registration certificates, copyright registration certificates, trade dress registration certificates and other related information. When the intellectual property rights are derived from the assignment, transfer, or license of other right holders, it is also necessary to upload relevant claim source information. When the insured is considering insurance, his intellectual property rights have not yet been authorized, such as the invention patent under application has not yet been authorized. The insured can also first upload the corresponding patent application document information, and update the relevant information in the intellectual property selection module after the patent is authorized.

[0047] After the insured further inputs the corresponding insurance information into the insured amount module and the claim amount module determines the specific claim amount, the insurance module provides an insurance contract. When the insured completes the payment in the intellectual property insurance system, the insurance contract is generated.

[0048] It is understood that before a cross-border e-commerce seller files an intellectual property lawsuit, the insured can enter into an insurance contract in the intellectual property insurance system. After a cross-border e-commerce seller has filed an intellectual property lawsuit, the insured can still enter into an insurance contract in the intellectual property insurance system. The intellectual property insurance system will determine whether to generate a contract and the claim multiplier based on the corresponding assessment report.

[0049] When a cross-border e-commerce seller, acting as the plaintiff, initiates an IP lawsuit in the United States, if the lawsuit results in a settlement or victory, the claim conditions are not triggered and the insurance provider is not required to pay compensation. Following the settlement or victory, the defendant will pay the settlement amount, infringement compensation, or IP licensing fees to the legal services provider. The legal services provider can then pay a certain percentage of the settlement amount, infringement compensation, or IP licensing fees to the insured, the cross-border e-commerce seller, the beneficiary, the investor, or the IP rights holder. The remaining amount can be used within the IP insurance system as a fund pool for IP litigation investors. Within the IP insurance system, other cross-border e-commerce sellers can contact the investors who manage this fund pool to inquire about funding for IP litigation protection.

[0050] As shown in Figure 2, the intellectual property insurance system can provide insurance for cross-border e-commerce sellers acting as defendants to settle and defend against litigation. The following example uses the case of defending intellectual property rights in the United States. More specifically, a cross-border e-commerce seller sells its products to US consumers on an e-commerce platform, aware of the risk of intellectual property infringement in the US. Furthermore, after being sued by the intellectual property rights holder in court, the cross-border e-commerce seller participates in the intellectual property litigation. If the seller loses the case, the cross-border e-commerce intellectual property insurance system will pay the attorney fees stipulated in the insurance contract, preventing the seller from incurring losses through neglect.

[0051] More specifically, the policyholder uploads policyholder information in the policyholder module, where the policyholder can be a cross-border e-commerce seller or related investor. The beneficiary information can include the corresponding cross-border e-commerce seller, third-party investor, or service provider providing legal services to cross-border e-commerce sellers.

[0052] The insured uploads product, product link, or store information in the insured subject module. The insured uploads or selects the insurance period in the insurance period module and selects the type of intellectual property in the intellectual property selection module. The insured can upload intellectual property certificates that pose a potential risk of infringement, allowing the insurance provider to determine the cost of the claim based on the relevant information. The insured further enters the corresponding insurance information in the insured amount module, and after the claim amount module determines the specific claim amount, the insurance module provides an insurance contract. When the insured completes payment in the intellectual property insurance system, the insurance contract is generated.

[0053] It is understood that before a cross-border e-commerce seller becomes a defendant in an intellectual property lawsuit, the insured can enter into an insurance contract in the intellectual property insurance system. Even after a cross-border e-commerce seller becomes a defendant in an intellectual property lawsuit, the insured can still enter into an insurance contract in the system. The system will determine whether to generate a contract and the claim multiplier based on the corresponding assessment report.

[0054] When a cross-border e-commerce seller is the defendant in a US intellectual property lawsuit, if the lawsuit results in a settlement or victory, the claim conditions are not triggered and the insurance service provider does not need to pay compensation. If the lawsuit results in a loss, the insured uploads the corresponding documents proving the loss to the intellectual property insurance system, and the execution module pays the compensation fees stipulated in the insurance contract to the beneficiary, which is the cross-border e-commerce seller or the legal service provider providing 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.

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