Exhibition Intellectual Property Protection Measures

Ministry of Commerce, State Administration for Industry, National Copyright Administration, State Intellectual Property Office to make
No. 1, 2006

"IPR protection" has been the Ministry of Commerce, State Administration for Industry, National Copyright Administration, State Intellectual Property Office to consider, is hereby promulgated, March 1, 2006 shall come into force.

Minister: Bo Xilai
Secretary: Wang Zhongfu
Secretary: Long Xinmin
Secretary: Tian
January 10, 2006

IPR protection measures

Chapter I General Provisions

In order to strengthen IPR protection during the exhibition, convention and exhibition industry in order to maintain and promote the healthy development of exhibition industry, according to "Foreign Trade Law," "Patent Law", "PRC Trademark Law" and "Chinese Copyright Law of the People's Republic "and related administrative regulations formulated.
Second approach applies to all types held in the PRC, economic and technological trade exhibitions, fairs, exhibitions and fairs, exhibitions and other activities relating to patents, trademarks, copyright protection.
Third exhibition management departments should strengthen IPR protection during the exhibition coordination, supervision, inspection, maintenance show the normal trading order.
Article exhibition sponsor shall safeguard the legitimate rights and interests of intellectual property rights. The exhibition sponsor investment breeze, should strengthen the protection of intellectual property exhibitors and exhibition projects (including exhibits, display boards and relevant publicity materials, etc.) review of the status of intellectual property. During the exhibition, the exhibition sponsor shall actively cooperate with the administrative department of intellectual property rights of intellectual property protection.
Show organizers and exhibitors signed by exhibitors during the terms of protection of intellectual property or contract in the form of strengthening IPR protection.
Article exhibitors exhibitors shall be lawful, shall not infringe the intellectual property rights, and the administrative IPRs department or judicial investigation may be required.

Chapter Complaints

Article exhibition lasts more than three days (including days), the show management deems it necessary, the exhibition sponsor shall establish IPRs complaints during the exhibition. Set up a complaints body, the exhibition organized by the intellectual property administration department shall deploy staff and processed according to the law of tort cases.
Not set up a complaints body, the exhibition organized by the intellectual property administration department should strengthen IPR protection guidance, supervision and handling of the case, show organizers should be held to show the relevance of intellectual property administration department of the contacts, Contact and other venues in a prominent position on the show to be publicized.
Article VII of IPRs complaints during the exhibition by exhibition organizers, exhibition management, patents, trademarks, copyrights and other intellectual property administration department of personnel, whose responsibilities include:
(A) to accept complaints from intellectual property rights, suspend the alleged infringement of intellectual property of the exhibits during the exhibition;
(B) the transfer of the relevant complaint materials to the administrative department of intellectual property;
(C) the coordination and supervision and handling of complaints;
(D) information on IPR protection at trade statistics and analysis;
(E) other related matters.
Article VIII of intellectual property rights to the exhibition can also be IPRs complaints complaints directly to the administrative department of intellectual property complaints. Human rights complaint with the complainant, it shall submit the following materials:
(A) a legally valid proof of ownership of intellectual property: patents involved should be submitted to the patent certificate, patent announcement text, the patentee's identity, proof of legal status of the patent; involving trademark, trademark registration documentation should be submitted by Complainant signature confirmation, the trademark owner identification; involved in copyright, shall submit proof of copyright rights, copyright, proof of identity;
(B) the parties suspected of infringing the basic information;
(C) the alleged infringement of the reasons and evidence;
(D) an agent of complaints, power of attorney should be submitted.
Article IX does not comply with the provisions of Article 8, the exhibition of IPRs complaints shall promptly notify the complainant or claimant to supplement the relevant materials. Were not complementary, not be accepted.
Article submitted by the complainant due to a false complaint material or other false complaints to the losses caused by the complainant shall bear the corresponding legal responsibility.
Article XI exhibition of IPRs complaints received in line with the provisions of Article 8 of the complaint material, should be within 24 hours to transfer the intellectual property administration.
Article XII of the local IPRs administrative department accepts the complaint or claim, shall notify the event organizers, and promptly notify the complainant or claim.
In dealing with violations of Article XIII of the complaint or claim of intellectual property rights, local intellectual property administrative departments according to the exhibition period, designate the complainant or the respondent who requested deadline.
Article 14 The complainant or respondent is requested to submit the book, unless it is necessary for further investigation, the local IPRs administrative department shall make timely decisions and sent to the parties.
Complaint or claim who fails to filing an answer, does not affect the local administrative department of intellectual property decisions.
Article XV After the exhibition, the relevant IPRs administrative department shall promptly about the results to the exhibition sponsor. The exhibition sponsor shall make the statistical analysis of IPR protection work, and the situation and the IPRs administrative department.

Chapter patent protection during the exhibition

Article XVI exhibition complaints requires the assistance of local intellectual property offices, the local intellectual property bureau shall provide positive cooperation and participate in IPR protection. Local intellectual property bureau during the exhibition may include:
(A) accept the transfer of the show complained about the agency complaint alleged infringement of patent rights, patent laws and regulations in accordance with the relevant provisions for processing;
(2) Accepting the project on display patent infringement alleged patent infringement disputes the request, in accordance with Article 57 of the Patent Law provides for processing;
(3) Accepting the display items suspected of counterfeiting patents and patent pretending to report on its investigation or to display the project off the patent or imitated patent act, according to the Patent Law Article 58 and Article 59 shall be punished .
Article 17 of the following cases, the local Intellectual Property Office patent infringement complaint or claim not be accepted:
(A) the complainant or claimant has filed a patent infringement to the people's court proceedings;
(B) the request for invalidation of patent is in the process of being;
(C) the existence of patent ownership disputes, is in the people's court proceedings or administrative authority for patent of the mediation procedures of the department;
(D) patents have been terminated, the patent owner the right to recover are in the process.
Article 18 The local intellectual property bureau notify the complaint or claim, conduct instant investigation and evidence collection, access, copy and case-related documents, asking the parties, the use of photographs, video, etc. on-site inspection, sampling and evidence collection can also be .
Local Intellectual Property Office to collect evidence shall be noted by the contractor who has been signed and sealed by the parties to investigate and collect evidence. The survey evidence of the parties refuses to sign or seal shall be indicated on the record the reasons; there are other people in the scene can also be signed by others at the same time.

Chapter IV Trademark Protection during the show

Article 19 complaints requires the exhibition of local industrial and commercial administrative departments to assist the local industry and commerce administrative departments shall actively cooperate with, participate in IPR protection. Local industry and commerce administrative departments can work during the exhibition include:
(A) accept the transfer of the show complained about the agency's complaint alleged trademark infringement, trademark laws and regulations in accordance with the relevant provisions for processing;
(B) Accepting the Trademark Law Article 52 of the trademark infringement complaint;
(C) ex officio investigation trademark violation cases.
Article 20 of the following cases, the local industry and commerce administration department of the trademark infringement complaint or claim not be accepted:
(A) the complainant or claimant has the people's court trademark infringement action;
(B) the trademark has been invalidated or revoked.
Article 21 The local administrative department for industry and commerce, after receiving the decision, according to the relevant provisions of trademark law and regulations for investigation and treatment.

Chapter copyright protection during the exhibition

Article 22 complaints agencies need to show local copyright administrative department for assistance, the local copyright administrative management departments shall actively cooperate with, participate in IPR protection. Local copyright administrative management departments can work during the exhibition include:
(A) accept the transfer of the show complained about the agency's complaint alleged copyright infringement in accordance with the relevant provisions of the copyright laws for processing;
(B) Accepting the provisions of Article 47 of the Copyright Law of copyright infringement complaints, according to the relevant provisions of the copyright law be punished.
Article 23 The local copyright administrative management departments handle complaints or requests, you can collect evidence to take the following measures:
(A) to inspect, copy and file documents related to alleged infringement, books and other written materials;
(B) a sample suspected of infringing copies of evidence;
(C) the registration of the suspected infringing copies to save.

Chapter VI Legal Liability

Article 24 complaints of suspected infringement of intellectual property, the local administrative department believes that infringement of intellectual property established, in conjunction with exhibition management departments shall deal with exhibitors.
Article 25 alleged violations of the invention or utility model patent process the request, the local Intellectual Property Office finds that infringement was established, it should be according to the Patent Law Article 11 on the prohibition of acts of offering for sale, and Patent Law Article 57 on ordering the infringer to immediately stop the infringement of the provisions of the decision, and ordered the requested withdrawal from the infringement of the show exhibits, exhibits destruction of infringing the publicity materials introduced to replace the panels described infringing items.
Suspected of infringing design patent for processing the request, the requested person to sell their exhibits at the show, the local Intellectual Property Office finds that infringement was established, it should be according to the Patent Law 11 (2) the provisions on the prohibition of sales practices and fifty seven on ordering the infringer to immediately stop the infringement of the provisions of the decision, and ordered the requested withdrawal from the infringement of the show exhibits.
Article 26 during the show off the patent or non-patented product off as patented products to non-patented process off as patented process, the local intellectual property bureau shall, according to the Patent Law Article 58 and Article 59 shall be punished.
Article 27 dealing with requests for trademark cases, the local industry and commerce administrative department believes that infringement was established, it should be under the "Trademark Law", "Trademark Law Implementing Regulations" and other relevant provisions of punishment.
Article 28 for violations of copyright and related rights to process the request, local copyright administrative department believes that infringement was established, it should be according to Article 47 of the Copyright Law shall be punished, confiscate and destroy infringing exhibits and exhibits introduced infringement of publicity materials, Introduction replacement project on display panels.
Article 29 investigation, complaint or claim of projects have been exhibited by the people's court or administrative department of intellectual property infringement was established to determine the verdict or decision and legally effective, the local administrative IPRs department may directly make the first twenty-six, Article 27, Article 28 and Article 29 referred to the decision.
Article 30 request, unless the request is a request to stop the infringement of human behavior on display, but also request the same for the person to stop other IPR violations, the local administrative department of intellectual property in its jurisdiction within the suspected area infringement of intellectual property rights in accordance with relevant laws, regulations and rules regulations.
Article 31 infringement established exhibitors, show management departments shall make an announcement about the exhibitors; exhibitors more than twice the infringement is established, the exhibition sponsor shall prohibit the said exhibitor to attend the next exhibition.
Article 32 of the organizers of the exhibition lack of IPR protection, the exhibition organizers management should be given a warning, and depending on the circumstances related to the exhibition held again according to their application not be approved.

Chapter VII Supplementary Provisions

Article 33 The end of the show case has not been disposed of, the relevant facts and evidence can be confirmed by the exhibition organizers, exhibition organized by the IPRs administrative department within 15 working days to transfer administrative jurisdiction over intellectual property departments according to law.
Article 34 The present Measures refers to the administrative department of intellectual property patents, trademarks and copyright administrative management departments; this way the exhibition is the exhibition management for approval or registration department.
Article 35 These Measures shall be March 1, 2006 onwards.

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