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 deems 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 the Exhibition Article 16 If the complaint institution of the exhibition needs the assistance of the local intellectual property office, the local intellectual property office shall actively cooperate with and participate in the intellectual property protection of 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.