Relevant issues are stipulated in the Exhibition Intellectual Property Protection Measures, which are attached below for your reference.

In practice, due to the limited exhibition time, rights holders can generally complain to the exhibition organizer with relevant notarized evidence and proof of patent rights for infringing exhibitors at the exhibition. Generally, the exhibition will handle the matter in a timely manner. of. If you are an exhibitor, it is best to bring proof of valid rights to prevent losses caused by complaints.

Measures for the Protection of Intellectual Property Rights in Exhibitions

Chapter 1 General Provisions

Article 1 is to strengthen the protection of intellectual property rights during exhibitions, maintain the order of the exhibition industry, and promote the development of the exhibition industry Healthy development, in accordance with the "Foreign Trade Law of the People's Republic of China", "Patent Law of the People's Republic of China", "Trademark Law of the People's Republic of China" and "Copyright of the People's Republic of China" These Measures are formulated in accordance with the Law and relevant administrative regulations.

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

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

Article 4 Exhibition organizers shall safeguard the legitimate rights and interests of intellectual property rights holders in accordance with the law. When inviting investment and exhibitions, exhibition organizers should strengthen the protection of relevant intellectual property rights of exhibitors and review the intellectual property status of participating projects (including exhibits, display boards and related promotional materials, etc.). During the exhibition, the exhibition organizer shall actively cooperate with the intellectual property administrative department in the intellectual property protection work.

Exhibition organizers can strengthen the protection of intellectual property rights in exhibitions by signing intellectual property protection clauses or contracts with exhibitors during the exhibition.

Article 5: Exhibitors shall participate in the exhibition legally, shall not infringe the intellectual property rights of others, and shall cooperate with investigations by the intellectual property administrative department or judicial department.

Chapter 2 Complaint Handling

Article 6 If the exhibition lasts for more than three days (including three days), and the exhibition management department deems it necessary, the exhibition organizer shall establish a Intellectual Property Complaints Agency. If a complaint agency is established, the intellectual property administrative department of the place where the exhibition is held shall send personnel to the agency and handle infringement cases in accordance with the law.

If a complaint agency has not been established, the intellectual property administrative department of the place where the exhibition is held shall strengthen the guidance and supervision of the protection of intellectual property rights of the exhibition and the handling of relevant cases. The exhibition organizer shall report the relevant intellectual property rights of the place where the exhibition is held. The contact person and contact information of the administrative department shall be publicized in a prominent position at the exhibition venue.

Article 7 The exhibition intellectual property complaint agency shall be composed of personnel from the exhibition organizer, exhibition management department, patent, trademark, copyright and other intellectual property administrative departments. Its responsibilities include:

(1) Accept complaints from intellectual property rights holders and suspend exhibits suspected of infringing intellectual property rights from being displayed during the exhibition;

(2) Transfer relevant complaint materials to relevant intellectual property administrative departments;

(3) Coordinate and supervise the handling of complaints;

(4) Statistics and analysis of exhibition intellectual property protection information;

(5) Other related matters.

Article 8 Intellectual property right holders may complain to the exhibition intellectual property complaint agency or directly to the intellectual property administrative department. If the right holder complains to the complaint agency, he should submit the following materials:

(1) Legal and valid proof of intellectual property ownership: if a patent is involved, the patent certificate, patent announcement text, and the identity of the patentee should be submitted Certificate, proof of patent legal status; if a trademark is involved, the trademark registration certification document should be submitted, confirmed by the signature and seal of the complainant, and the identity certificate of the trademark owner; if a copyright is involved, the certificate of copyright rights and the identity certificate of the copyright owner should be submitted;

(2) Basic information of the parties suspected of infringement;

(3) Reasons and evidence for the alleged infringement;

(4) If an agent is appointed to complain, an authorization should be submitted Power of attorney.

Article 9 If the provisions of Article 8 of these Measures are not met, the exhibition intellectual property complaint agency shall promptly notify the complainant or requester to supplement relevant materials. If it is not supplemented, it will not be accepted.

Article 10 If the complainant submits false complaint materials or otherwise causes losses to the respondent due to untrue complaints, he shall bear corresponding legal liability.

Article 11 After receiving complaint materials that comply with the provisions of Article 8 of these Measures, the exhibition intellectual property complaint agency shall transfer them to the relevant intellectual property administrative department within 24 hours.

Article 12 If the local intellectual property administrative department accepts a complaint or handles a request, it shall notify the exhibition organizer and promptly notify the person complained against or the person requested.

Article 13 In the process of handling complaints or requests for infringement of intellectual property rights, the local intellectual property administrative department may designate a defense period for the respondent or requested person according to the extension period of the exhibition.

Article 14 After the respondent or requested party submits a statement of defense, unless further investigation is necessary, the local intellectual property administrative department shall make a timely decision and send it to both parties.

If the respondent or the requested party fails to submit a statement of defense within the time limit, it will not affect the decision of the local intellectual property administrative department.

Article 15 After the exhibition, the relevant intellectual property administrative departments shall promptly notify the exhibition organizer of the relevant processing results. Exhibition organizers should do a good job in statistical analysis of exhibition intellectual property protection and report relevant information to the exhibition management department in a timely manner.

Chapter 3 Patent Protection During the Exhibition

Article 16 If the exhibition complaint agency needs the assistance of the local intellectual property office, the local intellectual property office shall actively cooperate and participate in the exhibition intellectual property protection work . The work of the local intellectual property office during the exhibition may include:

(1) Accept complaints about suspected patent infringement handed over by the exhibition complaint agency and handle them in accordance with the relevant provisions of patent laws and regulations;

(2) Accept requests for settlement of patent infringement disputes where exhibited items are suspected of infringing patent rights, and handle them in accordance with Article 57 of the Patent Law;

(3) Accept requests for exhibited items suspected of counterfeiting Reports on other people's patents and counterfeit patents, or the ex officio investigation and punishment of counterfeiting of other people's patents and counterfeit patents in exhibition projects shall be punished in accordance with the provisions of Articles 58 and 59 of the Patent Law.

Article 17 Under any of the following circumstances, the local intellectual property office will not accept complaints or requests for handling of patent infringement:

(1) Complainant or requester A patent infringement lawsuit has been filed with the People's Court;

(2) The patent right is in the process of requesting invalidation;

(3) There is an ownership dispute over the patent right, and the patent right is in the process of requesting invalidation. In the process of trial by the people's court or the mediation procedure of the patent management department;

(4) The patent right has been terminated and the patentee is in the process of restoring the rights.

Article 18 When notifying the person being complained against or the person being requested, the local intellectual property office may immediately investigate and collect evidence, review and copy documents related to the case, question the parties concerned, and take photos, videos, etc. On-site inspection can also take samples to collect evidence.

When collecting evidence, the local intellectual property office shall prepare a transcript, which shall be signed and sealed by the person in charge and the party under investigation and evidence collection. If the party under investigation and evidence collection refuses to sign and seal, the reason shall be noted in the transcript; if there are other people present at the scene, other people may also sign at the same time.

Chapter 4 Trademark Protection During the Exhibition

Article 19 If the exhibition complaint agency 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 exhibition intellectual property rights Conservation work. The work of the local industrial and commercial administration department during the exhibition may include:

(1) Accept complaints about suspected trademark infringement handed over by the exhibition complaint agency and handle them in accordance with the relevant provisions of trademark laws and regulations;

(2) Accept complaints of infringement of trademark exclusive rights in compliance with Article 52 of the Trademark Law;

(3) Investigate and handle cases of trademark violations ex officio.

Article 20 Under any of the following circumstances, the local industrial and commercial administrative department will not accept complaints or handling requests for infringement of trademark exclusive rights:

(1) The complainant or The petitioner has filed a trademark infringement lawsuit with the People's Court;

(2) The trademark right has been invalid or revoked.

Article 21: After the local industrial and commercial administrative department decides to accept the application, it may investigate and handle it in accordance with trademark laws and regulations and other relevant provisions.

Chapter 5 Copyright Protection During the Exhibition

Article 22 If the exhibition complaint agency needs the assistance of the local copyright administrative department, the local copyright administrative department shall actively cooperate and participate in the exhibition knowledge Property rights protection work. The work of the local copyright administrative department during the exhibition may include:

(1) Accept complaints about suspected copyright infringement transferred by the exhibition complaint agency and handle them in accordance with the relevant provisions of copyright laws and regulations;

(2) Accept complaints of copyright infringement that comply with the provisions of Article 47 of the Copyright Law, and impose penalties in accordance with the relevant provisions of the Copyright Law.

Article 23: After accepting complaints or requests, the local copyright administrative department may adopt the following methods to collect evidence:

(1) Inspect and copy information related to the alleged infringement Documents, archives, account books and other written materials;

(2) Sample and collect evidence from suspected infringing copies;

(3) Register and preserve suspected infringing copies.

Chapter 6 Legal Responsibilities

Article 24: If the local intellectual property administrative department determines that the infringement is established for complaints about alleged infringement of intellectual property rights, it shall work with the exhibition management department to investigate and investigate the complaint in accordance with the law. The exhibitor will handle the matter.

Article 25: If the local Intellectual Property Office determines that the infringement is established for a request for handling a suspected infringement of an invention or utility model patent, it shall comply with Article 11, Paragraph 1 of the Patent Law regarding the prohibition of offering to sell. and Article 57 of the Patent Law, which stipulates that the infringer be ordered to immediately cease infringing acts, a decision was made to order the respondent to withdraw the infringing exhibits from the exhibition, destroy the promotional materials introducing the infringing exhibits, and replace the display boards introducing the infringing items. .

Regarding a request for handling a suspected infringement of design patent rights, if the respondent sells its exhibits at an exhibition and the local Intellectual Property Office determines that the infringement is established, it shall prohibit the infringement in accordance with Paragraph 2 of Article 11 of the Patent Law. The provisions on sales behavior and Article 57 on ordering the infringer to immediately stop the infringing behavior made a decision and ordered the respondent to withdraw the infringing exhibits from the exhibition.

Article 26 If anyone counterfeits other people’s patents or uses non-patented products as patented products or non-patented methods as patented methods during the exhibition, the local intellectual property office shall comply with Article 58 of the Patent Law and Article 59 provides for penalties.

Article 27: If the local industrial and commercial administrative department determines that the infringement is established in response to a request for handling a trademark case, it shall impose penalties in accordance with the Trademark Law, the Implementation Regulations of the Trademark Law and other relevant provisions.

Article 28: If the local copyright administrative department determines that the 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, and the infringing materials shall be confiscated and destroyed. Exhibits and promotional materials introducing infringing exhibits, and replacing display boards introducing the items on display.

Article 29: After investigation, if the exhibition item complained of or requested has been judged or decided by the people's court or the intellectual property administrative department to establish the infringement and has become legally effective, the local knowledge The property rights administrative department may directly make the processing decisions mentioned in Articles 26, 27, 28 and 29.

Article 30: In addition to requesting to stop the respondent’s infringing exhibition behavior, the petitioner also requests to stop other intellectual property infringement behaviors of the same respondent, the local intellectual property administrative department shall Suspected infringements within its jurisdiction can be handled in accordance with relevant intellectual property laws, regulations and rules.

Article 31 If an exhibitor’s infringement is established, the exhibition management department may make an announcement to the relevant exhibitor in accordance with the law; if an exhibitor has committed two or more consecutive infringements, the exhibition organizer shall prohibit the relevant exhibitor from participating. Next exhibition.

Article 32 If the organizer fails to protect the intellectual property rights of the exhibition, the exhibition management department shall give the organizer a warning and disapprove its application to hold the relevant exhibition again according to the circumstances and in accordance with the law.

Chapter 7 Supplementary Provisions

Article 33. If the case has not been settled at the end of the exhibition, the relevant facts and evidence of the case can be confirmed by the exhibition organizer and the information provided by the venue where the exhibition is held. The property rights administrative department shall transfer the matter to the intellectual property administrative department with jurisdiction within 15 working days for handling in accordance with the law.

Article 34 The intellectual property administrative department in these Measures refers to the patent, trademark and copyright administrative department; the exhibition management department in these Measures refers to the exhibition approval or registration department.

Article 35 These Measures shall come into effect on March 1, 2006.