In practice, due to the limited exhibition time, the obligee can generally complain to the exhibition organizer with notarized evidence and patent certificate, and the exhibition will usually be handled in time. If it's an exhibitor, it's best to bring proof that the relevant rights are valid, in case the complaint causes losses.
Measures for the protection of intellectual property rights in exhibitions
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Foreign Trade Law of People's Republic of China (PRC), the Patent Law of People's Republic of China (PRC), the Trademark Law of People's Republic of China (PRC), the Copyright Law of People's Republic of China (PRC) and other relevant administrative regulations in order to strengthen the protection of intellectual property rights in exhibitions, maintain the order of the exhibition industry and promote its healthy development.
Article 2 These Measures shall apply to the protection of patents, trademarks and copyrights in various economic and technological trade exhibitions, fairs, expositions, fairs and exhibitions held in People's Republic of China (PRC).
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 Exhibition organizers shall safeguard the legitimate rights and interests of intellectual property rights holders according to law. The organizer of the exhibition should strengthen the protection of the intellectual property rights of the exhibitors and review the intellectual property rights of the participating projects (including exhibits, exhibition boards and related publicity materials, etc.). ) when attracting investment. During the exhibition, the exhibition organizer 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 intellectual property protection clauses or contracts with exhibitors during the exhibition.
Article 5 Exhibitors shall participate in the exhibition legally, and shall not infringe upon the intellectual property rights of others, and cooperate with the investigation by the intellectual property administrative department or the judicial department.
Chapter II Handling of Complaints
Article 6 If the exhibition lasts more than three days (including three days) and the exhibition management department considers it necessary, the exhibition organizer shall set up an intellectual property complaint institution during the exhibition. Where a complaint institution is established, the intellectual property administrative department of the place where the exhibition is held shall send personnel to settle the infringement cases according to law.
If there is no complaint institution, the intellectual property administrative department at the place where the exhibition is held shall strengthen the guidance and supervision on the intellectual property protection of the exhibition and the handling of related cases, and the exhibition organizer shall publicize the contact person and contact information of the relevant intellectual property administrative department at the place where the exhibition is held in a prominent position at the exhibition venue.
Article 7 An exhibition intellectual property complaint institution consists of personnel from the exhibition organizer, exhibition management department, patent, trademark, copyright and other intellectual property management departments, and its responsibilities include:
(1) Accepting complaints from intellectual property rights holders and suspending exhibits suspected of infringing intellectual property rights from being exhibited during the exhibition;
(2) handing over relevant complaint materials to the relevant intellectual property administrative departments;
(3) Coordinating and supervising the handling of complaints;
(4) Statistics and analysis of information on intellectual property protection in exhibitions;
(5) Other related matters.
Article 8 An intellectual property right holder may complain to the intellectual property complaint institution of the exhibition or directly to the intellectual property administrative department. Where the obligee complains to the complaint institution, it shall submit the following materials:
(1) Legal and valid proof of intellectual property ownership: if a patent is involved, the patent certificate, the text of the patent announcement, the identity certificate of the patentee and the legal status certificate of the patent shall be submitted; Where a trademark is involved, the trademark registration certificate signed by the complainant and the identity certificate of the trademark owner shall be submitted; If copyright is involved, the copyright certificate and the identity certificate of the copyright owner shall be submitted;
(2) Basic information of the party suspected of infringement;
(3) Reasons and evidence of alleged infringement;
(4) If the entrusted agent complains, a power of attorney shall be submitted.
Article 9 Where the provisions of Article 8 of these Measures are not met, the exhibition intellectual property complaint institution shall promptly notify the complainant or requester to supplement relevant materials. Those that are not supplemented will not be accepted.
Article 10 A complainant who submits false complaint materials or other complaints and causes losses to the respondent shall bear corresponding legal responsibilities.
Article 11 After receiving the complaint materials that meet the requirements of Article 8 of these Measures, the complaint institution of the exhibition intellectual property rights shall hand them over to the relevant intellectual property administrative departments within 24 hours.
Article 12 When accepting a complaint or handling a request, the local intellectual property administrative department shall notify the exhibition organizer and notify the respondent or the respondent in time.
Thirteenth in the process of handling complaints or requests for infringement of intellectual property rights, the local intellectual property administrative department may specify the time limit of the respondent or the respondent according to the extension.
Article 14 After the respondent or the respondent submits the defense, the local intellectual property administrative department shall make a decision in time and send it to both parties, except for further investigation.
If the respondent or the respondent fails to submit the defense within the time limit, it shall not affect the decision made by the local intellectual property administrative department.
Fifteenth after the end of the exhibition, the relevant administrative departments of intellectual property rights shall promptly notify the organizers of the relevant treatment 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 a timely manner.
Chapter III Patent Protection during Exhibition
Article 16 Where an exhibition complaint institution needs the assistance of the local intellectual property office, the local intellectual property office shall actively cooperate with and participate in the protection of intellectual property rights in the exhibition. During the exhibition, the work of the local intellectual property office may include:
(1) Accepting the complaints of alleged patent infringement handed over by the complaint institution of the exhibition, and handling them in accordance with the relevant provisions of patent laws and regulations;
(2) Accepting the request for handling the patent infringement dispute of the participating projects suspected of infringing the patent right, and handling it in accordance with the provisions of Article 57 of the Patent Law;
(3) Accepting the report that the participating projects are suspected of counterfeiting other people's patents or impersonating patents, or investigating and punishing the acts of counterfeiting other people's patents or impersonating patents in participating projects ex officio, and imposing penalties in accordance with the provisions of Articles 58 and 59 of the Patent Law.
Seventeenth in any of the following circumstances, the local intellectual property office shall not accept the patent infringement complaint or handle the request:
(a) the complainant or claimant has filed a patent infringement lawsuit with the people's court;
(2) The patent right is in the process of requesting invalidation;
(3) The ownership of the patent right is in dispute, and it is in the trial procedure of the people's court or the mediation procedure of the department in charge of patent work;
(4) The patent right has been terminated and the patentee is restoring his rights.
Article 18 When notifying the respondent or the respondent, the local intellectual property office can immediately investigate and collect evidence, consult and copy the documents related to the case, ask the parties, conduct on-site inspection by taking photos and videos, or collect evidence by sampling.
When collecting evidence, the local intellectual property office shall make a record, which shall be signed and sealed by the undertaker and the person under investigation. If the respondent refuses to sign and seal, the reasons shall be indicated in the record; If there are other people at the scene, they can also sign by others at the same time.
Chapter IV Trademark Protection during the Exhibition
Article 19 Where an exhibition complaint institution needs the assistance of the local administrative department for industry and commerce, the local administrative department for industry and commerce shall actively cooperate with and participate in the protection of intellectual property rights in the exhibition. During the exhibition, the work of the local administrative department for industry and commerce may include:
(1) Accepting the complaints about alleged infringement of trademark rights handed over by exhibition complaint agencies, and handling them in accordance with the relevant provisions of trademark laws and regulations;
(two) in accordance with the provisions of Article 52 of the Trademark Law, accept complaints of infringement of the exclusive right to use a trademark;
(3) to investigate and deal with trademark infringement cases ex officio.
Article 20 Under any of the following circumstances, the local administrative department for industry and commerce shall not accept the complaint or handle the request for trademark infringement:
(a) the complainant or claimant has filed a trademark infringement lawsuit with the people's court;
(2) The trademark right is declared invalid or revoked.
Article 21 After the local administrative department for industry and commerce decides to accept the case, it may investigate and handle it according to trademark laws and regulations and other relevant provisions.
Chapter V Copyright Protection during the Exhibition
Article 22 Where an exhibition complaint institution needs the assistance of the local copyright administrative department, the local copyright administrative department shall actively cooperate with and participate in the intellectual property protection of the exhibition. During the exhibition, the work of local copyright management departments includes:
(1) Accepting the complaints about alleged copyright infringement handed over by the exhibition complaint agencies and handling them in accordance with the relevant provisions of copyright laws and regulations;
(2) Accepting complaints of copyright infringement in accordance with the provisions of Article 47 of the Copyright Law and imposing penalties in accordance with the relevant provisions of the Copyright Law.
Article 23 After accepting a complaint or request, the local copyright administrative department may take the following measures to collect evidence:
(a) to consult and copy the documents, files, account books and other written materials related to the alleged infringement;
(2) Sampling and collecting evidence from suspected infringing copies;
(3) Registration and preservation of suspected infringing copies.
Chapter VI Legal Liability
Twenty-fourth complaints about alleged infringement of intellectual property rights, if the local intellectual property administrative department finds that the infringement is established, it shall, in conjunction with the exhibition management department, deal with the exhibitors according to law.
Article 25 Where a local intellectual property office finds that the patent right of an invention or utility model has been infringed, it shall make a decision according to the provisions of Article 11, paragraph 1, of the Patent Law on prohibiting promised sales and Article 57 of the Patent Law on ordering the infringer to stop the infringing act immediately, and order the requested party to withdraw the infringing exhibits from the exhibition, destroy the publicity materials introducing the infringing exhibits and replace the exhibition boards introducing the infringing articles.
Where the local intellectual property office determines that the processing request for alleged infringement of the patent right of design is that the respondent sells its exhibits at the exhibition, it shall make a processing decision according to the provisions of Article 11, paragraph 2, of the Patent Law on prohibiting sales and Article 57 on ordering the infringer to stop the infringing act immediately, and order the respondent to withdraw the infringing exhibits from the exhibition.
Article 26. During the exhibition, those who pass off others' patents or pass off non-patented products as patented products or pass off patented methods shall be punished by the local intellectual property office according to the provisions of Articles 58 and 59 of the Patent Law.
Article 27 Where a local administrative department for industry and commerce finds a trademark infringement case, it shall be punished in accordance with the Trademark Law, the Regulations for the Implementation of the Trademark Law and other relevant provisions.
Article 28 If the local copyright administrative department finds that the infringement is established, it shall be punished in accordance with the provisions of Article 47 of the Copyright Law, and the infringing exhibits and publicity materials introducing the infringing exhibits shall be confiscated and destroyed, and the exhibition boards introducing the participating projects shall be replaced.
Article 29 If, after investigation, the complained or requested exhibition project has been judged or ruled by the people's court or the intellectual property administrative department to be infringing and has legal effect, the local intellectual property administrative department may directly make the handling decision as mentioned in Article 26, Article 27, Article 28 and Article 29.
Article 30 Where an applicant requests to stop the infringement of the exhibition by the respondent and other infringements of intellectual property rights by the same respondent, the local intellectual property administrative department may, in accordance with the provisions of relevant intellectual property laws, regulations and rules, handle the suspected infringement within its jurisdiction.
Thirty-first exhibitors infringement is established, the exhibition management department can make an announcement to the relevant exhibitors according to law; If the infringement of exhibitors is established for more than two consecutive times, the exhibition organizer will prohibit the relevant 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 and refuse to approve its application for holding the relevant exhibition again depending on the circumstances.
Chapter VII Supplementary Provisions
Article 33 If the case has not been completely handled at the end of the exhibition, and the organizer of the exhibition can confirm the relevant facts and evidence of the case, the intellectual property administrative department of the place where the exhibition is held will hand it over to the competent intellectual property administrative department for handling according to law within 15 working days.
Article 34 The administrative department of intellectual property 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.
Thirty-fifth the implementation since March 6, 2006.