"Measures for the Protection of Intellectual Property Rights


The Measures for the Protection of Intellectual Property Rights of the Exhibition have been reviewed and approved by the Ministry of Commerce, the State Administration for Industry and Commerce, the National Copyright Administration and the State Intellectual Property Office. They are hereby promulgated and will be implemented as of March 1, 2006.
Minister: Director Bo Xilai: Director Wang Zhongfu: Director Long Xinmin: Tian Lipu January 10, 2006


Exhibition Intellectual Property Protection Measures

Chapter I General Provisions

The first one is to strengthen the protection of intellectual property during the exhibition, maintain the order of the exhibition industry, and promote the healthy development of the exhibition industry, in accordance with the "PRC Foreign Trade Law", the "Patent Law of the People's Republic of China", the "Trademark Law of the People's Republic of China" and These Measures are formulated by the Copyright Law of the People's Republic of China and relevant administrative regulations.

Article 2 These Measures shall apply to the protection of patents, trademarks and copyrights in various economic and technological trade exhibitions, trade fairs, expositions, trade fairs and exhibitions held in the territory of the People's Republic of China.

Article 3 The exhibition management department shall strengthen the coordination, supervision and inspection of intellectual property protection during the exhibition and maintain the normal trading order of the exhibition.

Article 4 The organizer of the exhibition shall protect the lawful rights and interests of intellectual property rights holders according to law. During the exhibition, the organizers of the exhibition shall strengthen the protection of the intellectual property rights of the exhibitors and the review of the intellectual property status of the participating projects (including exhibits, exhibition boards and related publicity materials). During the exhibition, the organizer of the exhibition shall actively cooperate with the intellectual property protection work of the intellectual property administrative department.
The organizer of the exhibition can strengthen the intellectual property protection of the exhibition by signing the terms of the intellectual property protection clause or contract during the exhibition with the exhibitor.

Article 5 Exhibitors shall participate in lawful participation, shall not infringe upon the intellectual property rights of others, and shall cooperate with the investigation of the administrative department of intellectual property or the judicial department.

Chapter II Complaint Handling

Article 6 The exhibition time is more than three days (including three days). If the exhibition management department deems it necessary, the organizer of the exhibition shall set up an intellectual property complaints agency during the exhibition. Where a complaints institution is established, the administrative department of intellectual property rights at the place where the exhibition is held shall send personnel to station and handle the infringement cases according to law.
If there is no complaints institution, the administrative department of intellectual property rights at the place where the exhibition is held shall strengthen the guidance, supervision and handling of the intellectual property protection of the exhibition. The organizer of the exhibition shall contact the relevant intellectual property administrative department of the exhibition venue. Contact information, etc., will be publicized in a prominent position in the exhibition venue.

Article 7 The intellectual property complaints organization of the exhibition shall be composed of the organizers of the exhibition, the exhibition management department, the patents, trademarks, copyrights and other intellectual property administrative departments. Their responsibilities include:
(1) Accepting complaints from intellectual property right holders and suspending exhibits suspected of infringing intellectual property rights during the exhibition;
(2) Transfer the relevant complaint materials to the relevant intellectual property administrative department;
(3) Coordinating and supervising the handling of complaints;
(4) Statistics and analysis of the intellectual property protection information of the exhibition;
(5) Other related matters.

Article 8: Intellectual property rights holders may complain to the IPR complaints agency at the exhibition or directly to the IP administrative department. Where the right holder complains to the complaints agency, the following materials shall be submitted:
(1) Legally valid intellectual property rights certificate: Where a patent is involved, it shall submit a patent certificate, a patent announcement text, a patentee's identity certificate, and a patent legal status certificate; if a trademark is involved, the trademark registration certificate shall be submitted and The signature of the complainant shall be confirmed, and the identity of the trademark owner shall be submitted; if the copyright is involved, the copyright right certificate and the identity certificate of the copyright owner shall be submitted;
(2) Basic information of the parties suspected of infringement;
(3) Reasons and evidence of alleged infringement;
(4) If the agent is engaged in a complaint, a power of attorney shall be submitted.

Article 9 If the provisions of Article 8 of these Measures are not met, the IPR Complaints Agency of the exhibition shall promptly notify the complainant or the requester to supplement the relevant materials. If it is not added, it will not be accepted.

Article 10 If a complainant submits false complaint materials or other losses caused by the complaint to the respondent, it shall bear corresponding legal liabilities.

Article 11 After receiving the complaint materials in accordance with Article 8 of these Measures, the IPR Complaints Agency of the exhibition shall transfer it to the relevant intellectual property administrative department within 24 hours.

Article 12 Where the local intellectual property administrative department accepts a complaint or handles a request, it shall notify the organizer of the exhibition and notify the respondent or the respondent in a timely manner.

Article 13 In the handling of complaints or requests for infringement of intellectual property rights, the local intellectual property administrative department may specify the time limit for the respondent or the respondent to respond according to the exhibition period.

Article 14 After the respondent or the respondent submits a statement of defense, the local intellectual property administrative department shall make a timely decision and send it to both parties unless further investigation is necessary.
If the respondent or the respondent fails to submit a reply within the time limit, it will not affect the local intellectual property administrative department to make a decision.

Article 15 After the completion of the exhibition, the relevant intellectual property administrative department shall promptly notify the organizer of the relevant processing results. The organizer of the exhibition shall do a good job in the statistical analysis of the intellectual property protection of the exhibition, and report the relevant information to the exhibition management department in time.

Chapter III Patent Protection during the Exhibition

Article 16 Where the complaints agency of the exhibition needs the assistance of the local intellectual property office, the local intellectual property office shall actively cooperate and participate in the intellectual property protection work of the exhibition. The work of the local IP office during the exhibition may include:
(1) Accepting complaints about suspected infringement of patent rights handed over by the complaints agencies of the exhibition, and handling them in accordance with the relevant provisions of the patent laws and regulations;
(2) Accepting the request for handling patent infringement disputes involving the infringement of patent rights on the exhibition project, and handling it in accordance with the provisions of Article 57 of the Patent Law;
(3) Accepting the report of the exhibiting project suspected of impersonating another person's patent and impersonating the patent, or investigating and dealing with the act of impersonating another person's patent and impersonating the patent in accordance with the authority, in accordance with the provisions of Articles 58 and 59 of the Patent Law Punishment.

Article 17 In any of the following circumstances, the local intellectual property office shall not accept the complaint or treatment request for infringement of the patent right:
(1) The complainant or the claimant has filed a patent infringement lawsuit with the people's court;
(2) The patent right is in the process of request for invalidation;
(3) There is a dispute over the ownership of the patent right, which is in the trial procedure of the people's court or the mediation procedure of the department that manages the patent work;
(4) The patent right has been terminated and the patentee is in the process of recovering the rights.

Article 18 When the local intellectual property office informs the respondent or the respondent, it may immediately investigate and collect evidence, inspect and copy the documents related to the case, and ask the parties to conduct on-site inspections by means of photographing or videography, or may sample Forensics.
Where the local intellectual property office collects evidence, it shall make a transcript, signed and sealed by the contractor and the party involved in the investigation and evidence collection. If the party involved in the investigation and verification refuses to sign and seal, the reason shall be indicated on the transcript; if other people are on the scene, they may also be signed by others.

Chapter IV Trademark Protection during the Exhibition

Article 19 Where the complaints agency of the exhibition needs the assistance of the local industrial and commercial administrative department, the local industrial and commercial administrative department shall actively cooperate and participate in the intellectual property protection work of the exhibition. The work of the local industrial and commercial administration during the exhibition may include:
(1) Accepting complaints about suspected infringement of trademark rights handed over by the complaints agencies of the exhibition, and handling them in accordance with the relevant provisions of the trademark laws and regulations;
(2) accepting complaints in violation of the exclusive right to use trademarks as stipulated in Article 52 of the Trademark Law;
(3) Investigating and dealing with trademark violation cases ex officio.

Article 20 In any of the following circumstances, the local industrial and commercial administrative department shall not accept the complaint or handling of the infringement of the exclusive right to use the trademark:
(1) The complainant or the claimant has filed a trademark infringement lawsuit with the people's court;
(2) The trademark right has been invalidated or revoked.

Article 21 After the local industrial and commercial administrative department decides to accept the application, it may conduct investigations and handling according to the relevant provisions of the trademark laws and regulations.

Chapter V Copyright Protection during the Exhibition

Article 22 If the complaints agency of the exhibition needs the assistance of the local copyright administrative department, the local copyright administrative department shall actively cooperate and participate in the intellectual property protection work of the exhibition. The work of the local copyright administrative department during the exhibition may include:
(1) Accepting complaints about suspected copyright infringement handed over by the complaints agency of the exhibition, and handling the complaints in accordance with the relevant provisions of the copyright laws and regulations;
(2) Accepting complaints of copyright infringement in accordance with the provisions of Article 47 of the Copyright Law, and penalizing according to the relevant provisions of the Copyright Law.

Article 23 The local copyright administrative department may, after accepting complaints or requests, take the following measures to collect evidence:
(1) to inspect and copy documents, books and other written materials related to the alleged infringement;
(2) Sampling and obtaining evidence for suspected infringing copies;
(3) Registering and storing the suspected infringing copy.

Chapter VI Legal Liability

Article 24 If a local intellectual property administrative department determines that an infringement is established for a complaint allegedly infringing on intellectual property rights, it shall, in conjunction with the exhibition management department, handle the exhibitor according to law.

Article 25 Where a local intellectual property office determines that an infringement is established in response to a request for a patent infringement of an invention or a utility model patent, it shall be in accordance with the provisions of Article 11 of the Patent Law regarding the prohibition of promised sales and the fifth patent law. Article 17 deals with the decision to order the infringer to immediately stop the infringement, and orders the respondent to withdraw the infringing exhibits from the exhibition, destroy the propaganda materials introducing the infringing exhibits, and replace the exhibition board introducing the infringing items.
If the respondent sells its exhibits at the exhibition and the local intellectual property office determines that the infringement is established, it shall be in accordance with the provisions of Article 11 of the Patent Law regarding the prohibition of sales and the fifth Article 17 deals with the decision to order the infringer to immediately stop the infringement, and orders the respondent to withdraw the infringing exhibits from the exhibition.

Article 26 Where a patent is impersonated during a exhibition or a patented product is impersonated by a non-patent product, and the patent method is impersonated by a non-patent method, the local intellectual property office shall proceed in accordance with the provisions of Articles 58 and 59 of the Patent Law. Punishment.

Article 27 Where a local industrial and commercial administrative department determines that an infringement is established in response to a request for processing a trademark case, it shall be punished in accordance with the relevant provisions of the Trademark Law and the Implementation Regulations of the Trademark Law.

Article 28 Where a local copyright administrative department determines that an infringement is established in response to a request for infringement of copyright and related rights, it shall be punished in accordance with the provisions of Article 47 of the Copyright Law, confiscation, destruction of infringing exhibits and promotion of infringing exhibits. Material, replace the display board of the exhibition exhibits.

Article 29 If, after investigation, the project that has been complained or requested has been made by the people's court or the administrative department of intellectual property rights to make a judgment or decision on the establishment of the infringement and legal effect, the local intellectual property administrative department may directly make Decisions as described in Articles 26, 27, 28 and 29.

Article 30 Where the requester requests to stop the infringement of the respondent and also requests to stop other intellectual property infringements by the same respondent, the local intellectual property administrative department shall be within the jurisdiction of the local intellectual property administrative authority. The alleged infringement may be handled in accordance with the relevant intellectual property laws, regulations and rules.

Article 31 If the infringement of the exhibitor is established, the exhibition management department may publicize the relevant exhibitors according to law; if the exhibitor establishes two or more infringements in succession, the organizer of the exhibition shall prohibit the exhibitors from participating in the next exhibition.

Article 32 If the organizer fails to protect the intellectual property rights of the exhibition, the exhibition management department shall give a warning to the organizer, and will not approve the application for re-organizing the relevant exhibition according to the circumstances.

Chapter VII Supplementary Provisions

Article 33 If the case has not been processed at the end of the exhibition, the relevant facts and evidence of the case may be confirmed by the organizer of the exhibition, and the intellectual property administrative department of the place where the exhibition is held shall transfer the intellectual property administration with jurisdiction within 15 working days. The management department handles it according to law.

Article 34 The administrative department of intellectual property rights in these Measures refers to the administrative department of patents, trademarks and copyrights; the exhibition management department in these Measures refers to the examination and approval or registration department of the exhibition.

Article 35 These Measures shall be implemented as of March 1, 2006.


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