These Guidelines apply to the protection of intellectual property rights in all kinds of online and offline economic and technological trade exhibitions, trade fairs, expositions, trade fairs, exhibitions and other activities held within the territory of the People's Republic of China.
The protection of intellectual property rights in the exhibition follows the principles of guidance and supervision by functional departments, specific responsibility of exhibition organizers, honesty and self-discipline of exhibitors, and extensive supervision by the public. The intellectual property management department of the place where the exhibition is held shall strengthen the overall coordination, professional guidance and supervision and inspection of the intellectual property protection of the exhibition held in the region, and maintain the order of intellectual property protection in the exhibition.
The intellectual property management department of the exhibition venue shall strengthen the publicity of intellectual property protection in the exhibition, provide legal and relevant technical advice on intellectual property protection, and help exhibitors enhance their awareness of intellectual property protection. The intellectual property management department of the exhibition venue shall strengthen guidance on the relevant provisions of intellectual property protection in the exhibition contract, and promote the relevant parties to clarify the following in the agreed terms:
Exhibitors consciously abide by the commitment of the exhibition intellectual property protection rules; Exhibits, exhibit packaging, booth design and other display parts of the booth and other exhibits do not infringe on the intellectual property rights of others; Exhibitors take the initiative to disclose the rights certificate of the exhibition project, cooperate with the inspection and other obligations; Other terms that need to be agreed upon according to the actual needs of the exhibition's intellectual property protection work.
The intellectual property management department of the exhibition venue may, at the request of the exhibition organizer, guide the exhibition organizer to verify the intellectual property status of the exhibited projects. The intellectual property management department of the place where the exhibition is held may, in conjunction with relevant departments, guide the exhibition organizers to set up workstations in accordance with the relevant provisions of the state and actual needs, and coordinate relevant staff, law enforcement personnel, professional and technical personnel and legal professionals to enter the workstations at the request of the exhibition organizers. The workstation mainly undertakes the following tasks:
Accept complaints related to intellectual property rights; Mediate intellectual property infringement disputes during exhibitions; Provide advice on laws, regulations and policies related to intellectual property rights; Provide judgment opinions on complaints of suspected infringement of intellectual property rights, and coordinate the handling of exhibition organizers; Transfer the relevant complaints and materials to the intellectual property management department of the place where the exhibition is held, and transfer the clues of suspected violations to the relevant law enforcement departments; Summarize and analyze the information on intellectual property protection in the exhibition; Other related matters.
The intellectual property management department of the place where the exhibition is held may request the State Intellectual Property Office to coordinate with the local intellectual property management departments as needed, guide the exhibitors in the jurisdiction to carry out self-examination of the risk of suspected infringement of intellectual property rights, and strengthen the business guidance for the protection of intellectual property rights of exhibitors. The State Intellectual Property Office may, as appropriate, organize and coordinate the intellectual property management department of the place of registration of the exhibitor to carry out verification of specific exhibitors in accordance with the law.
Protection during exhibitions:
The intellectual property management department of the place where the exhibition is held shall guide the exhibition organizers to establish an intellectual property information publicity system, and publish information such as the complaint channels and complaint methods of the exhibition. On-site complaints about goods or acts suspected of infringing intellectual property rights during the exhibition may be accepted by the workstation.
After accepting the complaint, the workstation shall handle the relevant complaint in strict accordance with the requirements of laws, regulations and procedures, and promptly notify the exhibition organizer and the respondent. If the respondent fails to submit written statements and evidentiary materials without a legitimate reason within 24 hours after receiving the notice, or if the fact of infringement of the alleged exhibiting project has been confirmed by an effective legal document, or if the respondent admits infringement, the workstation shall coordinate with the exhibition organizer to take timely measures, including but not limited to withdrawing, covering, deleting, blocking, or disconnecting network links.
The following circumstances may be transferred to the relevant departments for handling by the workstation: the complainant has submitted a complaint of suspected infringement to the intellectual property management department or other administrative departments or filed a lawsuit with the people's court; Where there is a dispute over the ownership of intellectual property rights.