The term "exhibition" as mentioned in these Measures refers to exhibitions, fairs, fairs, fairs and other activities held by exhibition organizers at fixed places and within a predetermined time for the purpose of exhibition and trading.
The measures referred to in the exhibition organizer (organizer or organizer) refers to the unit that signs exhibition contracts or other forms of agreements with exhibitors (hereinafter referred to as exhibition contracts), is responsible for formulating exhibition implementation plans, plans and exhibition patent protection rules, makes overall planning, organization and arrangement for exhibition activities, and assumes responsibility for exhibition activities.
The term "exhibition patent complaint handling institution" as mentioned in these Measures refers to the working institution established by the exhibition organizers to mediate and handle patent infringement disputes during the exhibition. Article 3 The patent protection of exhibitions shall follow the principles of responsibility of exhibition organizers, government supervision and public supervision.
The organizer of the exhibition shall sign an exhibition contract with the exhibitors, stipulate the relevant provisions of exhibition patent protection, and strengthen the examination and protection of exhibition patents.
Exhibitors should participate in the exhibition legally, and there should be no patent infringement or counterfeiting. Article 4 The patent administrative department of the people's government at or above the county level shall be responsible for guiding, supervising and managing the protection of exhibition patents within its administrative area.
The relevant departments of the people's governments at or above the county level shall, in accordance with their respective duties, do a good job in the patent work related to the exhibition and maintain the normal order of the exhibition. Article 5 During the exhibition, the patentee or interested party may request the patent complaint handling institution or the patent administration department of the people's government where the exhibition is located for mediation, or request the patent administration department of the people's government where the exhibition is located for handling, or bring a lawsuit directly to the people's court. Article 6 Trade associations shall enhance their members' awareness of patent protection by formulating industry self-discipline norms and conducting publicity and training, and assist the patent administration departments and exhibition organizers to carry out exhibition patent protection. Article 7 Exhibitors, patentees or interested parties shall abide by the exhibition patent protection rules formulated by the exhibition organizers. Article 8 The exhibition organizers and exhibitors shall accept the guidance, supervision and management of the patent administration department and cooperate with the law enforcement activities of the patent administration department. Chapter II Specification for Patent Protection of Exhibition Article 9 The organizer of the exhibition shall formulate the rules for patent protection of the exhibition, and timely file it with the patent administration department of the people's government where the exhibition is located by e-mail or fax.
The main contents of the exhibition patent protection rules shall include:
(a) the organization, personnel composition and responsibilities of the exhibition patent complaint handling institution established by the exhibition organizers;
(2) If the exhibits involve patents, the exhibitors shall prepare relevant rights certification materials and conduct self-examination on the patent status of the exhibits;
(3) The organizer of the exhibition shall safeguard the legitimate rights and interests of the patentee according to law, inspect the exhibits, and the exhibitors shall cooperate.
Exhibits mentioned in the preceding paragraph include exhibits, exhibition boards, booths, products and photos, catalogues, video materials and other related publicity materials. Article 10 An exhibition organizer shall perform the following duties:
(1) Publish the location, contact information, complaint channels, patent protection rules and other information of the patent complaint handling institution or patent management department in the prominent position of the exhibition and the exhibitor's handbook;
(two) the establishment of exhibition patent complaint handling institutions, to accept complaints from patentees or interested parties, and to mediate patent infringement disputes during the exhibition;
(three) the exhibits suspected of counterfeiting patents or repeated infringement shall be handed over to the patent administration department in a timely manner for legal treatment;
(4) Keep the patent protection information and archives of the exhibition completely for at least 3 years from the end of the exhibition, and submit the information by email or fax within 30 days from the end of the exhibition according to the requirements of the patent administration department. Eleventh exhibition organizers should establish a patent publicity system, and publicize the patents involved in exhibits in the form of databases, catalogues or other forms, except those involving trade secrets. Article 12 The exhibition organizer shall sign an exhibition contract with the exhibitors, and the exhibition contract shall include the following main patent protection clauses:
(1) Exhibitors shall abide by the patent protection rules of the exhibition;
(2) The exhibitor shall accept the mediation of the patent complaint of the exhibition, and if he refuses to cooperate with the mediation, the exhibition organizer may terminate the contract and cancel the exhibition as agreed;
(3) If an exhibitor refuses to take measures such as covering up, removing shelves, sealing up related promotional materials, replacing exhibition boards, etc., the exhibition organizer may terminate the contract and cancel the exhibition as agreed;
(4) If an exhibitor complains about alleged patent infringement to the patentee or interested party, it shall accept the summary procedure of the patent administration department;
(5) If the exhibits are found by the patent administration department or the people's court to have infringed the patent right, and the exhibitors refuse to take measures such as covering, removing the shelves, sealing up related publicity materials, and replacing exhibition boards. The organizer of the exhibition can cancel the contract and the exhibition as agreed;
(6) Other contents related to the protection of exhibition patents.