The Analysis Of Trademark Insurance Of Our Country From Lawsuit Between Jiaduobao And Wanglaoji

Intellectual property has become the core of enterprise development strategy and theprincipal means of market competition which makes the company be strong andprofessional in some field.Enterprises create profit for themselves by the full use of IP toestablish themselves both domestically and abroad.The Chinese government encouragesdomestic enterprises to create their own brands, national brand which can boost themomentum of China’s future development. However, with the expansion of IP rightsregistration and the rising number of awarded trademarks,the possibility of involving indispute of intellectual property infringement litigation becomes bigger.Oncedeep-pocketed big company and small company are falling into deadlock caused by IPdispute, those new small businesses are likely to give up the opportunity to strive fortheir rights because of the huge lawsuit costs and long-term litigation cycle and theirlegitimate rights can not get effective protection. In view of international IPdispute,China is a big exporter and European Union, the United States are China’s toptwo export zone and country.Their protection of intellectual property rights is very harshand they set high-standard barriers of trade resulting the fact of rapid increase in thenumber of cases of infringement. How to develop overseas market without involving inintellectual property infringement and give strong protection to export enterprises in ourcountry is a very important issue.Obviously, the legal protection is not enough.Buying trademark insurance can helpmanufacturers and merchants to leave out the trouble of engaging in a lawsuit and can getcompensation in time. The establishment of trademark rights insurance system meet thedemand of development and is high-tech methods of modern society to solve uncertainrisk. The insurance system can get trademark risks together to make uncertain situationbecome certain.In the event of violations, the insurance company will suit or response tosuits on behalf of the insured.When the infringers refuse to undertake the compensationor are unable to compensate, the insured also can get compensation from the insurancecompany in advance. Trademark rights insurance system for innovative start-ups is gooddeed. This paper starts from China’s first trademark dispute between Jiaduobao andWanglaoji.Then after the detailed analysis of the development of the cause of theevent,we can see opportunities to develop trademark insurance in ourcountry.Afterwards,I deeply analyze the necessity and feasibility of developingtrademark insurance in our country,draw lessons from America about the advancedexperience in insurance embarked on trademark insurance and put forward reasonablesuggestions and advices.