Protect intellectual property!Jiangsu won multiple category geographical logo insurance first orders

Recently, the Yixing Ceramics Industry Association signed an insurance contract with China Ping An Property Insurance Co., Ltd. Yixing Center Branch to prove the geographical indication trademark "Yixing Zisha" with a cumulative risk guarantee of 600,000 yuan. Geographical sign insurance.

Since 2020, "Dongtai Watermelon" has set up the country's first single geographical indicator to be infringed and lost insurance; "Zhenjiang Jinshan Cuiya" signed a national tea category first single geographical indicator insurance; Cousins; Yixing "Yang Lane Rice" insured the first single grain crop landmark insurance in the Yangtze River Delta region ... Through incomplete sorting out, it can be found that Jiangsu is a large economic province. The first order of the geographical mark of the product.

Difficult to fake online, geographical indication insurance came into being

Geographical indication is the most closely linked intellectual property rights with the "agriculture and rural areas", and its geographical reputation has unique economic value. As early as 1985, it was named "Zhenjiang Jinshan Cuida", which was rated as the "Top Ten Famous Creation Tea" nationwide, and obtained a proved trademark of geographical indications in 2015. Chen Xiaohong, general manager of Zhenjiang Jinshan Cuiya Tea Co., Ltd., told reporters that at present, Jinshan Cuiya is the most famous tea public brand in Zhenjiang, the most widely produced area, and the earliest creation time. In recent years, a number of counterfeit towns have appeared in the market, which has affected the reputation of tea to a certain extent. "The infringement is mainly a trademark that is similar to Jinshan Cuida, printing the outer packaging box of the counterfeit Jinshan Cuida, filled with secondary tea, and sold on the Internet. For tea farmers, it is difficult to obtain evidence and the cost of legal litigation. It is difficult to protect rights. "

As a well -known Yangshan Peach, after obtaining a geographical sign to prove the trademark, the output value of fresh peach output and the annual income of peach farmers are increasing at a rate of 20%per year. However, he also faces the same dilemma.

"Since the start of online sales in Yangshan Peach in 2017, there are many fake peaches as beef hair, and the difficulty and cost of counterfeiting have increased." As a legal adviser to the Yangshan Peach Peach Farm Association of Huishan District, Wuxi, Yan Xingyang, a lawyer of Chongning Law Firm in Jiangsu The scope of counterfeiting during offline sales of Yangshan Mountain is mainly located in Wuxi and surrounding areas, and the cost of rights protection is relatively low. However, online counterfeiting involves cross -provincial investigation and evidence and evidence. The rights protection cycle, high cost, and difficulty. In addition, the sales cycle of Yangshan peach is only two or three months. Sometimes the evidence has been available. Run away. "Many infringers's industrial and commercial registration address is inconsistent with the actual production address. It is often hidden in a relatively hidden place. It is very effort to find the infringer alone. In the end, it will cause the peach farmers association to post money even if they win the lawsuit. "

Infringement and counterfeiting have always been the primary problem that plagues geographic logo products, and online counterfeiting has brought unprecedented difficulties to the protection of various geographical logo industry brands. A "list" of a geographical indication protection can no longer solve the problem. Under such circumstances, geographical indication insurance came into being. Through the new model of "intellectual property+finance", it further solved the problem of difficulty in protecting the protection of geographical indications and the high cost of rights protection. Economic losses.

"At present, there are 492 geographical indications in the province, accounting for more than 90%of agricultural products, and the annual output value of the above -mentioned geographical signs is more than 200 billion yuan." Zhu Yu, deputy director of the Intellectual Property Service Division of the Provincial Intellectual Property Office, introduced that as of 2022, 2022 In the first half of the year, a total of 12 geographical indicators in the province insured geographical logo insurance, and the total insurance was covered by 21 orders, of which the insurance amount was 21.4315 million yuan.

There are subsidies for investment insurance, and all the prosecutions can get compensation

On March 28, 2020, the Chinese PICC Property Insurance Salt City Branch and Jiangsu Dongtai Sancang Runfeng Modern Agricultural Industrial Park Co., Ltd. signed a geographical indicator to be infringed and lost insurance contracts to provide "China National Geographic Mark Products -Dongtai Watermelon" The cumulative risk protection of 1.6 million yuan marks the landing of the first single geographical sign in the country to the insurance business to the insurance business.

According to the agreement, 15 enterprises (farms, cooperatives) for the use of "Dongtai Watermelon" geographical indication products for the use of "Dongtai Watermelon" are underwritten. The cost, litigation costs, etc. will provide risk protection by insurance companies. Among them, the compensation limit for direct economic loss compensation is 300,000 yuan, the survey fee compensation limit is 100,000 yuan, and the legal cost compensation limit is 100,000 yuan.

It is understood that the Provincial Intellectual Property Office and the Property Insurance Casualty Insurance have established strategic cooperative relations earlier across the country, and continued to support the insurance property insurance to strengthen product innovation and service innovation around intellectual property insurance. In response to geographical indication insurance, the Provincial Intellectual Property Office has increased publicity and promotion, and supports a certain proportion of subsidies for relevant expenses of insured enterprises.

In June 2020, with the support of the Wuxi Market Supervision and Administration Bureau, the Yangshan Mountain Peach Peach Farm Association spent 10,400 yuan to insure the "geographical indication of the infringement and loss insurance" to the Wuxi Renmin Insurance Casualty Insurance, and obtained a total amount of 300,000 yuan. The guarantee content covers the legal expenses, investigation costs, and direct economic losses caused by authorized enterprises and individuals due to infringement. After the actual premium expenditure, the Wuxi Market Supervision and Administration Bureau (Intellectual Property Office) gave 50%of premium subsidies in accordance with relevant policies. With the backing of geographical indication insurance, the expenses of rights protection have been guaranteed, and the enthusiasm of rights protection is high. In 2020, the Yangshan Peach Peach Peach Farm Association commissioned the lawyer team to unite the infringement case of the Wuxi Market Supervision and Administration Bureau (Intellectual Property Office). In December of that year, the Wuxi Intermediate People's Court sentenced one of the cases, and the Taonong Association was compensated for 120,000 yuan. In March 2021, the representatives of the Yangshan Mountain Peach Peach Agriculture Association received more than 32,000 yuan in compensation from the PICC Property and Casualty Wuxi Branch. "Whether it is a victory or a loser, as long as the insurance contract is within the scope of the insurance contract, the insurance company will pay." Chen Yusi, the government project business department of the Wuxi Branch of Renmin Insurance and Insurance, said that the insurance company had claimed a total of 2 total of 65,000 yuan in a total of 65,000 yuan, all of which were defending rights protection. Legal cost.

In 2020, Zhenjiang Branch of Renmin Insurance and Insurance and Zhenjiang Jinshan Cuiya Co., Ltd. signed the first contract for the National Tea Geographic Logo Insurance. Two years later, the representative of Zhenjiang Jinshan Cuiya Tea Co., Ltd. received the first insurance compensation of 60,000 yuan. The main cost of compensation was the cost of rights protection for litigation legal expenses, applying for revoking the resident trademark rights protection agent. "We also have government subsidies, which can be more assured of rights protection. At the same time, we get insurance claims and then use it for trademark rights and markets to fake and develop industries. Everyone is more confident to further strengthen the" local business card '. "Chen Xiaohong said.

Still exploring, looking forward to more accurate insurance services

"Multiple category geographical indication insurance landing in Jiangsu, indicating that with the state's intensity of the protection of intellectual property rights, especially the increasingly improved punitive compensation system, the awareness of the geographical indication rights protection of our province has further improved, and the enthusiasm of farmers' active rights protection of rights protection Continuously improved. "Jiang Youyu, deputy director of the Industrial Promotion Division of the Provincial Intellectual Property Office, said that it also shows that geographical indication insurance is increasingly accepted by the market. Geographical indication insurance effectively solves the high cost of rights protection in the process of rights protection. Difficulties and other issues, insurance products have high standardization, strong universality, and can be better replicated and promoted.

Although landmark insurance is very beneficial, there are still some problems in the process of promotion. Wu Qi, director of the Intellectual Property Service Division of the Intellectual Property Office of Wuxi City, told reporters that there are 15 geographical indicators of Wuxi proved trademarks and are promoting insurance. "But there are currently landmark products that have been insured no longer renewed." He believes that it is mainly because the landmark product association and insurance companies cannot reach an agreement due to premiums, and the property rights awareness of some associations needs to be further improved. "There are still some landmark products that are difficult to imitate, less infringement, and the demand for insurance is relatively low."

In addition, the difficulty of proof also exists in claims. Chen Yusi said that landmark insurance contracts usually clearly clarify that each geographical indication direct economic loss compensation, investigation costs, legal cost compensation limit, and total compensation limit. "For example, the annual compensation limit of Yangshan Peach is 300,000 yuan, of which the total legal cost compensation cannot exceed 65,000 yuan. At the same time, if the association cannot give a clear and direct evidence of economic loss, this part of the insurance company cannot claim. "Yan Xingyang explained that the cases of intellectual property categories are different from ordinary civil cases. General civil cases generally stated that the legal expenses and economic losses that the defendant will bear. A clear direct economic loss certificate is given, and insurance companies will not accept it, and it is often difficult for the association to come up with a direct economic loss certificate, which to a certain extent increases the concerns of the association's insurance.

Although it is difficult to advance. In the face of some problems existing, Zhu Yu said that vigorously strengthening the protection of geographical indications is an important measure to implement the strategy of rural revitalization and development, serve the modernization of agriculture, and safeguard the legitimate rights and interests of farmers. In the next step, the Provincial Intellectual Property Office will organize special promotion activities to allow more geographical indicator right holders to know the geographical indication insurance. The effect of continuously amplifying geographical indication insurance insurance has made positive contributions to the realization of rural rejuvenation. In addition, the role of local rights protection assistance agencies, organizing professional rights protection assistance teams, and helping geographic indications scientific and reasonable rights protection.

Xinhua Daily · Jiaojiao Point reporter Hu Lanlan Xu Haiyan Hongye intern lacquer to far away

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