МОДЕЛЮВАННЯ ПРОЦЕСУ СТРАХУВАННЯ ОБ’ЄКТІВ ПРАВА ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ

Abstract

The article examines the current topic of protection of intellectual property rights with the use of insurance. The advantages of insurance over compensation on the basis of judicial protection are substantiated. Analysis of scientific research has shown that the practice of law enforcement has a number of problems, so insurance creates an opportunity to compensate for losses much faster and more efficiently. The risks associated with the disposal of rights to intellectual property rights have been studied. To model the insurance process, the life cycle of the object of intellectual property rights is built. It is studied that it consists of the creation of an object of intellectual property rights; acquisition of rights to the object of intellectual property rights; disposal of intellectual property rights; protection of rights to intellectual property rights; disposal of the object of intellectual property rights. A model of the process of insurance of intellectual property rights has been developed, the factors influencing this process have been analyzed. It is determined that the process of insurance of the object of intellectual property rights has the following stages: determining the possibility of insurance of rights to the object of intellectual property; concluding an insurance contract; entry into force of the insurance contract; fulfillment of the terms of the insurance contract; expiration of the insurance contract. It is emphasized that the value of the intellectual property affects the determination of the sum insured, within which the insurance company pays the insurance indemnity in the event of an insured event. Approaches to determining the value of an intellectual property object are considered. The calculation is considered on the basis of the profitable (income) approach, which should be used in the process of insuring the object of intellectual property rights. Other factors influencing the possibility of insuring the rights to the object of intellectual property rights and the conclusion of the insurance contract, namely: possible losses from violations and the cost of protection of infringed rights, the term of use of the object of intellectual property rights as such which affects the determination of the term of the insurance contract, aspects of the entry into force of the insurance contract.