Protection of intellectual works with the insurance industry

According to the report of Iran Economist, quoting from the public relations of Cooperative Insurance, quoted by Samat newspaper, Asal Ashtari, head of liability insurance and engineering of Cooperative Insurance, in his note entitled “Protection of intellectual works with the insurance industry” has stated:

The insurance industry operates in various sectors and many Iranian industries benefit from the advantages of this industry. Since some industries are outward looking, it is easy for them to understand the necessity of insurance coverage.
As an example, property, person and liability insurance is quite tangible; However, the protection of intellectual and spiritual property by resorting to insurance coverage is one of the issues that, due to the intangibility of the property itself and the damage caused to it, has always been faced with doubt or denial by insurers and even intellectual rights owners.
However, the high value of this property and the position it has acquired in the portfolio of manufacturing and commercial companies has prompted interested parties to somehow insure themselves against possible risks.
This effort was initially carried out in a limited way in the form of comprehensive and “all-risk” insurances and by insisting on insurance principles, including intellectual property risks in them.
But the progress of insurance techniques and calculations and the change of legal attitude have caused the entry of special and new insurance policies into the market. Intellectual property insurance is still in its infancy in the world, and the global platform, especially in advanced countries, is slowly being prepared for the entry of this insurance policy into the market.
With the increasing spread of crimes against intellectual property and violation of intellectual property rights by competing individuals and companies, the need for intellectual property insurance is felt more and more.
Comprehensive civil liability insurance covers a portion of intellectual property; Also, in this insurance policy, the issue of copyright, which is about literary and artistic property, is clearly discussed.
This insurance policy is used in the United States and several cases have been reviewed in the federal courts of California; At first, there was no specific insurance policy in this regard, but from the 80s to the early 90s, American courts interpreted the comprehensive civil liability insurance policy to cover patent infringement lawsuits; Therefore, from 1993, a new interpretation of the insurance policy came out and was used in liability claims arising from infringement of intellectual property.
Intellectual property insurance does not have any legal obstacles; What is very important is to identify the risk of the intellectual property insurance contract; The second and most important issue in insurance is the intellectual property of the duration of the insurance policy; In America, the duration is usually determined by the policyholder, and these policies can cover up to 30 years.
In Iran, the intellectual property insurance policy has not yet taken place, and the entry of this insurance policy into the market requires the notification and approval of special laws related to this field.
Intellectual property insurance usually also has an international aspect, that is, damage to intellectual works is caused to the intellectual owner anywhere in the world, the insurance company is required to compensate the policyholder.
Also, the insured also undertakes not to intentionally provide intellectual works to others; Because if such cases are identified, the insurance company will cancel the insurance policy and can file a complaint against the policyholder for deceiving the insurance company.
It should be noted that this insurance policy has standards in the world that must be followed by insurers; These standards mention things such as the verification of works.
Also, regarding the duration of intellectual works insurance, in some cases, even after the death of the insured person, the insurance company is committed to preventing damage to the intellectual owner; Because the policyholder can also leave the intellectual property insurance policy to the heirs.