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 26 of the Trademark Law stipulates that if a trademark is used for the first time on a commodity exhibited in an international exhibition sponsored or recognized by the China Municipal Government, the applicant for registration of the trademark may enjoy priority within six months from the date when the commodity is exhibited.
Where priority is claimed in accordance with the preceding paragraph, it shall make a written statement when applying for trademark registration, and submit the name of the exhibition, the evidence of using the trademark on the exhibited goods, the date of exhibition and other supporting documents within three months; Failing to submit a written statement or supporting documents within the time limit shall be deemed as not claiming priority.
Article 24 of the Patent Law stipulates that an invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:
(1) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
(2) It was first published at a specific academic conference or technical conference;
(3) Others disclose the contents of the application without the consent of the applicant.
Extended data:
Intellectual property, as a key link to realize "innovation", has become one of the hot spots that members of the "two sessions" pay attention to this year. Accelerate the construction and continuous improvement of the intellectual property system and improve the ability to create, manage, use and protect intellectual property rights.
Intellectual property rights of convention and exhibition industry is a hot topic in recent years. Because China's intellectual property work started late and its foundation is weak, it can't meet the needs of international economic integration. Due to the interests-driven, lax supervision and other reasons, intellectual property rights infringement, counterfeiting, and misappropriation occur from time to time, especially in various exhibitions in China, and the problems involving intellectual property rights are prominent.
This kind of intellectual property infringement, counterfeiting and misappropriation not only causes damage to intellectual property owners and consumers, but also disrupts the normal order of the convention and exhibition industry. Therefore, standardizing the intellectual property rights of exhibitions, maintaining the order of the exhibition market and promoting the healthy development of the exhibition industry have become the concerns of the central government and relevant city authorities.
Article 7 of the Measures for the Protection of Intellectual Property Rights in Exhibitions stipulates that the complaint institution for intellectual property rights in exhibitions shall be composed of personnel from the exhibition organizers, exhibition management departments, patent, trademark, copyright and other intellectual property management departments, and their duties shall 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.
Baidu Encyclopedia-Measures for the protection of intellectual property rights in exhibitions
Baidu Encyclopedia-Trademark Law
Baidu Encyclopedia-Patent Law