Notice of the State Intellectual Property Office on the issuance of Guidelines on Intellectual Property Protection at Exhibitions

Guozhi Fa Baozi [2022] No. 30

Intellectual Property Bureau of all provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps, Intellectual Property Service Promotion Center of Sichuan Province, relevant local centers, and relevant units:

In order to further implement the relevant decisions and arrangements of the Opinions on Strengthening the Protection of Intellectual Property Rights and strengthen the protection of intellectual property rights at exhibitions, the State Intellectual Property Office has formulated the Guidance on the Protection of Intellectual Property Rights at Exhibitions, which is hereby distributed to you. Please implement it according to the actual situation and do a good job in the protection of intellectual property rights at exhibitions.

State Intellectual Property Office

July 20, 2022

Guidelines for Intellectual Property protection in exhibitions

Chapter I General Provisions

Article 1 in order to further enhance the comprehensive work plan for the protection of intellectual property rights, the protection of intellectual property rights management specification show, according to the law of the People's Republic of China civil code of the People's Republic of China patent law of the People's Republic of China trademark law, the electronic commerce of the People's Republic of China law "exhibition of intellectual property protection method" and other laws and regulations and related policies, guidelines are formulated.

Article 2 These Guidelines are applicable to the protection of intellectual property rights in all kinds of online and offline economic and technological trade fairs, trade fairs, fairs, exhibitions and other activities held within the territory of the People's Republic of China.

Article 3 The intellectual property protection of exhibitions shall follow the principles of guidance and supervision by functional departments, specific responsibility of exhibition organizers, integrity and self-discipline of exhibitors, and extensive supervision by the public.

Article 4 The intellectual property administrative department of the place where the exhibition is held shall strengthen the overall coordination, professional guidance, supervision and inspection of the intellectual property protection of the exhibition held in the region, and maintain the order of intellectual property protection of the exhibition.

Chapter II Protection before Exhibition

Article 5 The intellectual property management department of the venue of the exhibition shall strengthen the publicity of intellectual property protection of the exhibition, provide legal and relevant technical advice on intellectual property protection, and help the exhibitors to improve their awareness of intellectual property protection.

Article 6 The intellectual property administration department of the exhibition venue shall strengthen guidance on the relevant provisions of intellectual property protection in the exhibition contract and urge the relevant parties to specify the following contents in the agreed terms:

(I) The exhibitor's commitment to abide by the Exhibition's intellectual property protection rules;

(2) A commitment that the exhibits, exhibits packaging, booth design and other exhibition parts of the booth do not infringe intellectual property rights of others;

(III) The obligation of the exhibitor to take the initiative to disclose the right certificate of the participating projects and cooperate with the inspection;

(4) Other terms agreed upon according to the actual needs of the exhibition's intellectual property protection work.

Article 7 The intellectual property administrative department of the venue of the exhibition may, upon the request of the exhibition organizer, guide the exhibition organizer to check the status of intellectual property of the participating projects.

Article 8 The intellectual property administrative department of the place where the exhibition is held may, together with relevant departments, guide the exhibition organizer to set up workstations according to relevant national regulations and actual needs, and at the request of the exhibition organizer, coordinate relevant staff, law enforcement personnel, professional and technical personnel and legal professionals to enter the workstations. The workstation is mainly responsible for the following tasks:

(1) To handle complaints related to intellectual property rights;

(2) Mediate disputes over intellectual property infringement during the exhibition;

(3) to provide advice on laws, regulations and policies related to intellectual property rights;

(4) Provide judgment and opinions on complaints suspected of intellectual property infringement, and coordinate with the exhibition organizer to deal with them;

(5) Transfer the relevant complaints and materials to the intellectual property management department of the exhibition venue, and transfer the suspected illegal clues to the relevant law enforcement department;

(vi) Summarize and analyze the intellectual property protection information of the exhibition;

(7) Other relevant matters.

Article 9 The intellectual property administrative department of the venue of the exhibition may request the State Intellectual Property Office to coordinate the intellectual property administrative departments of various places to guide the exhibitors in their respective areas to carry out self-inspection of suspected intellectual property infringement risks, and strengthen the business guidance for the protection of intellectual property of the exhibitors.

The State Intellectual Property Office may, depending on the situation, organize and coordinate the intellectual property administrative departments of the registration places of the exhibitors to carry out verification on specific exhibitors according to law.

Chapter III Protection during Exhibition

Article 10 The intellectual property administrative department of the place where the exhibition is held shall guide the exhibition organizer to establish an intellectual property information publicity system, and publish the channels and methods of complaints for the exhibition.

Article 11 On-site complaints about goods or behaviors suspected of infringing intellectual property rights in the exhibition can be accepted by the workstation.

Article 12 If a complaint is filed to the workstation, the complaint materials shall generally include:

(1) A complaint application form, including the basic information of the complainant and the respondent, the facts, reasons and relevant evidentiary materials of the alleged infringement of intellectual property rights by the complained project;

(2) Certificate of valid ownership of intellectual property, including patent certificate, patent authorization announcement text, identity certificate of patentee, trademark registration certificate, identity certificate of trademark right holder, geographical indication announcement, legal user certificate of special geographical indication and other documents certifying the legal status of intellectual property;

(3) If the entrusted agent makes a complaint, it shall also submit the power of attorney and the identity certificate of the agent. The power of attorney shall be signed or sealed by the principal, and the entrusted matters and authority shall be recorded;

(4) other necessary certifying materials.

Workstations can provide links to standardized forms or web pages as required.

Article 13 After receiving a complaint, the workstation shall deal with the complaint in strict accordance with laws, regulations and procedural requirements, and notify the exhibition organizer and the respondent in time.

Article 14 If the respondent fails to submit written statements and evidence materials without justified reasons within 24 hours after receiving the notice, or the fact of infringement of the complained exhibitor project has been confirmed by effective legal documents, or the respondent admits the infringement, the workstation shall coordinate with the exhibition organizer to take timely measures. Including but not limited to the removal of exhibition, cover and delete, block, disconnect network links, etc.

Article 15 The workstation may hand over the following cases to the relevant department:

(1) The complainant has filed a complaint of suspected infringement to the intellectual property administrative authority or other administrative authority or brought a suit in a people's court;

(2) There is a dispute over the ownership of the intellectual property.

Article 16 If the workstation receives complaint materials that do not conform to the provisions of Article 12 of these guidelines, it shall timely inform the complainant to supplement the materials. If the complainant fails to supplement the materials as required within the prescribed time limit, the complaint will not be accepted.

Article 17 Any staff member OF a workstation who has an interest in an intellectual property infringement dispute shall withdraw.

Article 18 If no workstation is set up, the intellectual property administrative department of the venue shall strengthen the guidance and supervision of intellectual property protection of the exhibition and settlement of disputes.

Chapter IV Protection and other Management after exhibition

Article 19 The intellectual property administrative department of the exhibition host place may transfer the relevant materials to the intellectual property administrative department of the registration place of the exhibitor for handling according to the handling of complaints.

Article 20 The intellectual property administrative department of the venue of the exhibition shall guide the exhibition organizer to record the acts of intellectual property infringement, counterfeiting and malicious complaints of the exhibitors.

Article 21 The intellectual property administrative department of the place where the exhibition is held shall guide the exhibition organizer to make statistics on the intellectual property information of the exhibition, make statistics on the handling of intellectual property complaints and disputes of the exhibition, and submit the statistics to the intellectual property administrative department of the place where the exhibition is held within 10 working days after the end of the exhibition.

Article 22 The intellectual property administrative department of the place where the exhibition is held shall strengthen the coordination and connection with law enforcement departments and other relevant administrative departments in the protection of intellectual property of the exhibition.