海外知財訴訟保険のご案内
海外の訴訟リスク
海外で製品を製造し日本に輸入販売する場合であっても、その国での製造・輸出といった行為が当該国で権利を取得している第三者の知的財産権の侵害となるリスクがあります。
たとえ、日本で特許や商標などの権利を取得していたとしても、その権利が及ぶ範囲は日本国内に留まり他国には何ら影響を及ぼしません。もし、海外での事業をお考えの場合には、それぞれの国で権利を取得する必要があります。
しかし、海外での特許取得は費用が通常１００万～かかることもあって、なかなかハードルが高いです。
そこで、海外で権利を取得しておらず、第三者の権利を侵害してしまったときのために、知財訴訟保険があります。海外では、例えば１億円の損害請求を受けた場合の弁護士費用は着手金だけでおおよそ３００万～となります。
この費用は、中小企業にとってはかなり重い負担となりますが知財の保険に加入することによりこのリスクを低減することができます。
保険の概要
保険に加入することができるのは、中小企業基本法に定める中小企業となっています。また、この保険は、商工会や全国中小医業団体中央会を介して加入することができます。
ただし、保険の対象となっているのは訴訟費用等であり、敗訴したことによる損害賠償金については補償対象外となっているようです。
また、保険料の１／２が国から補助されるため、少ない金額で補償を受けることができるというメリットもあります。ご興味のある方は、以下のリンクをご覧ください。
【関連リンク】海外知財訴訟保険（特許庁）
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