Article 1: In order to strengthen the protection of intellectual property rights for exhibitions in this city and promote the orderly and healthy development of the exhibition industry, these Measures are formulated in accordance with relevant laws and regulations and in combination with the actual situation of this city. Article 2 These Measures apply to the protection of patent rights, trademark rights, and copyrights in various exhibitions, trade fairs, expositions, trade fairs, exhibitions and other exhibitions registered by the exhibition registration department of this city within the administrative region of this city. Article 3 The protection of intellectual property rights in exhibitions shall follow the principles of government supervision, responsibility of exhibition organizers, self-discipline of exhibitors, and public supervision. Article 4 The patent, trademark and copyright administrative departments shall strengthen the protection of exhibition intellectual property rights and perform the following duties:
(1) Organize exhibition organizers and exhibitors to conduct various intellectual property trainings and provide It provides guidance and consulting services;
(2) Inspect and urge exhibition organizers and exhibitors to consciously fulfill their intellectual property protection obligations;
(3) Investigate and deal with various types of incidents that occur during the exhibition Intellectual property violation cases.
The departments responsible for the administrative management of intellectual property as stipulated in the preceding paragraph shall establish an information statistics system for exhibition intellectual property protection. The patent administrative department shall organize the trademark and copyright administrative departments to establish an information sharing and coordination mechanism. Article 5 For an exhibition that is held for more than three days and meets one of the following circumstances, the department responsible for intellectual property administration shall set up an on-site office or designated liaison officer to accept administrative processing requests from intellectual property rights holders or interested parties. Those that meet the filing standards will be dealt with:
(1) Exhibitions sponsored by the government and government departments;
(2) Exhibitions with significant international or domestic influence;
(3) Exhibitions where there may be many intellectual property infringement disputes.
For exhibitions that do not have an on-site office or designated liaison officer, the intellectual property right holder or interested party may directly submit an administrative processing request to the department responsible for intellectual property administration. Article 6 The exhibition organizer shall stipulate intellectual property protection clauses in the exhibition contract signed with the exhibitor, including:
(1) The exhibitor shall promise that all its exhibition items will not infringe the prior rights of others.
(2) If the exhibition project is suspected of infringement by the exhibition organizer, and the exhibitor cannot provide effective evidence of non-infringement, the exhibitor shall immediately take measures such as covering up or dismantling the exhibition;
(3) If the exhibitor’s project has been judged for infringement by the people’s court or the department responsible for administrative management of intellectual property has made a decision on infringement and has taken legal effect, the exhibitor refuses to take measures such as covering up or dismantling the exhibition. When taking such measures, the exhibition organizer may withdraw the exhibition certificates of the exhibitors or cancel the exhibitors' qualifications to participate in the current exhibition.
(4) Other contents related to exhibition intellectual property protection. Article 7 The exhibition organizer shall establish an intellectual property registration and publicity system, compile and print the intellectual property rights registered by the exhibitors of this exhibition into an intellectual property protection catalog by category, and announce it to the exhibitors 15 days before the start of the exhibition. Article 8 The exhibition organizer shall perform the following obligations:
(1) In a conspicuous place in the exhibition hall or in the exhibitor's manual, publish the contact information and case filing method of the department responsible for intellectual property administrative management for accepting complaints or handling requests. standards;
(2) Provide exhibitors with intellectual property publicity and consulting services;
(3) Accept complaints from intellectual property rights holders or interested parties, and handle the exhibition as agreed Intellectual property rights infringement disputes that occur in the process;
(4) At the request of the intellectual property right owner or interested party, issue relevant factual certificates, or provide evidence for the intellectual property right owner, interested party and their authorized agent Provide necessary conveniences for entering the exhibition to collect evidence;
(5) Properly preserve the intellectual property protection information and materials of the exhibition, and after the exhibition, make statistics on the intellectual property complaints and disputes handled by the exhibition during the exhibition and classify and analyze them , submit to the patent, trademark and copyright administrative departments respectively;
(6) Cooperate with the departments responsible for intellectual property administration and exhibition registration departments.
The exhibition organizer shall establish an intellectual property working organization, assign a dedicated person to take charge, and may hire professional technicians and legal professionals in relevant fields to participate; if an intellectual property working organization is not established, the exhibition registration department will not allow registration . Article 9 Exhibitors shall fulfill the following obligations:
(1) If the exhibition project involves intellectual property rights, relevant rights certification materials shall be prepared and filed with the exhibition organizer 30 days before the start of the exhibition;
(2) If intellectual property marks or logos are marked on exhibit items, they shall be marked in accordance with relevant national regulations;
(3) Consciously review the intellectual property status of the exhibit items and shall not Bring items that are suspected of infringing on others' previously owned intellectual property rights into the exhibition;
(4) Accept the supervision, inspection and handling of the department responsible for intellectual property administrative management and the exhibition registration department. Article 10: Intellectual property rights holders or interested parties may complain to the exhibition organizer regarding the alleged infringement of the respondent, and the exhibition organizer shall handle the complaint in accordance with the provisions of Article 11 of these Measures.
The intellectual property rights owner or interested party may also directly file a lawsuit with the people's court or submit a processing request to the department responsible for the administrative management of intellectual property rights regarding the alleged infringement of the respondent.