Notice of the State Intellectual Property Office on Issuing the "Guidelines for the Protection of Intellectual Property Rights in Exhibitions"-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Notice of the State Intellectual Property Office on Issuing the "Guidelines for the Protection of Intellectual Property Rights in Exhibitions"

Release Time：

2022-07-22

Guozhi Fa Bao Zi [2022] No. 30 The Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps, the Sichuan Provincial Intellectual Property Service Promotion Center, all relevant local centers, and all relevant units: In order to further implement the "About Strengthening the Protection of Intellectual Property Rights" "Opinions" regarding decision-making and deployment to strengthen the protection of intellectual property rights in exhibitions, the State Intellectual Property Office has formulated the "Guidelines for the Protection of Intellectual Property Rights in Exhibitions", which are now issued to you. Please implement them in light of actual conditions and do a good job in protecting intellectual property rights in exhibitions.

Guozhi Fa Bao Zi [2022] No. 30

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

In order to thoroughly 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 in exhibitions, the State Intellectual Property Office has formulated the "Guidelines for the Protection of Intellectual Property Rights in Exhibitions", which are now issued to you. Please implement them in light of actual conditions and do a good job. Exhibition intellectual property protection work.

State Intellectual Property Office

July 20, 2022

Exhibition Intellectual Property Protection Guidelines

Chapter 1 General Provisions

Article 1 In order to further implement the deployment of comprehensively strengthening intellectual property protection and standardize the management of intellectual property protection for exhibitions, in accordance with the Civil Code of the People's Republic of China,the Patent Law of the People's Republic of China 、the Trademark Law of the People's Republic of China, and the E-Commerce Law of the People's Republic of China "Measures for the Protection of Intellectual Property Rights at Exhibitions" and other laws, regulations and related policies to formulate these guidelines.

Article 2 These Guidelines apply to the protection of intellectual property rights in various 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.

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

Article 4 The intellectual property management 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 exhibitions held in the region, and maintain the order of intellectual property protection of the exhibition.

Chapter 2 Pre-exhibition Protection

Article 5 The intellectual property management department of the place where the exhibition is held should strengthen the publicity of intellectual property protection at the exhibition, provide intellectual property protection laws and related technical consultation, and help exhibitors improve their awareness of intellectual property protection.

Article 6 The intellectual property management department of the place where the exhibition is held should strengthen guidance on the provisions related to intellectual property protection in the exhibition contract, and encourage relevant parties to clarify the following contents in the agreed terms:

(1) Exhibitors’ commitment to consciously abide by the exhibition’s intellectual property protection rules;

(2) Commitment that the exhibits, exhibit packaging, booth design and other display parts of the booth will not infringe the intellectual property rights of others;

(3) Exhibitors shall proactively disclose proof of rights to exhibit items and cooperate with inspections and other obligations;

(4) Other terms agreed upon based on the actual needs of the exhibition’s intellectual property protection work.

Article 7 The intellectual property management department of the place where the exhibition is held may, at the request of the exhibition organizer, guide the exhibition organizer to verify the intellectual property status of the participating projects.

Article 8 The intellectual property management department of the place where the exhibition is held may, together with relevant departments, guide the exhibition organizer to set up workstations in accordance with relevant national regulations and actual needs, and coordinate the presence of relevant staff, law enforcement personnel, professional technicians and legal professionals at the request of the exhibition organizer. workstation. The workstation mainly undertakes the following tasks:

(1) Accept complaints involving intellectual property rights;

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

(3) Provide consultation on laws, regulations and policies related to intellectual property rights;

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

(5) Transfer relevant complaints and materials to the intellectual property management department of the place where the exhibition is held, and transfer clues about suspected violations to relevant law enforcement departments;

(6) Summarize and analyze exhibition intellectual property protection information;

(7) Other related matters.

Article 9 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 necessary, guide exhibitors in the jurisdiction to carry out self-examination of suspected intellectual property infringement risks, and strengthen business guidance on the protection of exhibitors' intellectual property rights.

The State Intellectual Property Office may, depending on the circumstances, organize and coordinate the intellectual property management department of the exhibitor's registration place to conduct verification of specific exhibitors in accordance with the law.

Chapter 3 Protection during Exhibition

Article 10 The intellectual property management department of the place where the exhibition is held shall guide the exhibition organizer to establish an intellectual property information disclosure system and publish information such as exhibition complaint channels and methods.

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

Article 12 When making a complaint to the workstation, the complaint materials should generally include:

(1) Complaint application form, including the basic information of the complainant and the respondent, the facts, reasons and relevant evidence materials on the alleged infringement of intellectual property rights by the complained exhibition project;

(2) Valid intellectual property ownership certificates, including patent certificates, patent authorization announcement texts, patentee identity certificates, trademark registration certificates, trademark owner identity certificates, geographical indication announcements, certificates of legal users of special signs for geographical indications, and others Documents proving the legal status of intellectual property rights, etc.;

(3) If you entrust an agent to complain, you should also submit a power of attorney and the agent's identity document. The power of attorney should be signed or sealed by the principal, and record the entrusted matters and authority;

(4) Other necessary supporting materials.

The workstation can provide links to unified forms or network pages according to work needs.

Article 13 After accepting a complaint, the workstation shall handle the relevant complaint in strict accordance with laws, regulations and procedural requirements, and promptly notify the exhibition organizer and the respondent.

Article 14 The respondent fails to submit a written statement and evidence within 24 hours after receiving the notice without justifiable reasons, or the infringement fact of the complained about exhibition project has been confirmed by an effective legal document, or the respondent admits the infringement. , the workstation should coordinate with the exhibition organizer to take timely measures, including but not limited to dismantling, covering, deleting, blocking, disconnecting network links, etc.

Article 15 The workstation may hand over the following situations to relevant departments for processing:

(1) The complainant has filed a complaint of alleged infringement with the intellectual property management department or other administrative department or filed a lawsuit with the People's Court;

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

Article 16 If the workstation receives complaint materials that do not comply with the provisions of Article 12 of these Guidelines, it shall promptly notify the complainant to supplement the materials. If the complainant fails to supplement the materials as required within the specified 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 recuse himself or herself.

Article 18 If no workstation has been set up, the intellectual property management department at the place where the exhibition is held shall strengthen guidance, supervision and dispute resolution on the protection of intellectual property rights at the exhibition.

Chapter 4 Post-Exhibition Protection and Other Management

Article 19 The intellectual property management department of the place where the exhibition is held may transfer relevant materials to the intellectual property management department of the place where the exhibitor is registered for processing based on the complaint handling situation.

Article 20 The intellectual property management department of the place where the exhibition is held shall guide the exhibition organizer to record the exhibitors’ intellectual property infringement, counterfeiting, malicious complaints, etc.

Article 21 The intellectual property management department of the place where the exhibition is held shall guide the exhibition organizer to collect statistics on the exhibition’s intellectual property information, collect statistics on the exhibition’s intellectual property complaints and dispute settlements, and submit them within 10 working days after the exhibition. The intellectual property management department of the exhibition venue.

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

The intellectual property management department of the place where the exhibition is held should promptly summarize successful experiences, promote effective practices, and publicize excellent cases.

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