2006-1-10
Chapter I General Provisions
Article 1 The present Measures are formulated according to the Foreign Trade Law 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 Copyright Law of the
People’s Republic of China as well as the relevant administrative regulations for
the purpose of intensifying the IPRs protection during exhibitions, safeguarding the
order of the exhibition industry and promoting the sound development thereof.
Article 2 The present Measures shall apply to the protection of relevant patents,
trademarks and copyrights in all kinds of exhibitions, trade fairs, expositions,
commodity fairs and shows concerning the economic and technical trade as held within
the territory of the People’s Republic of China.
Article 3 The administrative department of exhibitions shall intensify the
coordination, supervision, examination regarding the IPRs protection during
exhibitions and safeguard the normal trading order therein.
Article 4 The exhibition sponsor shall safeguard the legitimate rights and interests
of IPRs holders legally. The exhibition sponsor shall, when attracting investment and
canvassing exhibitions, intensify the IPRs protection for participants to the
exhibition as well as the examination of the IPRs status of the items on exhibition
(including exhibited items, exhibition boards and relevant publicity materials,
etc.). During an exhibition, the sponsor shall actively cooperate with the
administrative IPRs department in the IPRs protection work.
The exhibition sponsor may, by the manner of signing the clause or contract on the
IPRs protection with the participants of the exhibition, intensify the IPRs
protection during the exhibition.
Article 5 The participant of exhibition shall take part in an exhibition legally, not
infract the IPRs of any other person or entity and assist the administrative IPRs
department or judicial department in the relevant investigation.
Chapter II Treatment for Complaints
Article 6 If an exhibition lasts for 3 days or more and if the administrative
department of exhibitions believes it is required , the exhibition sponsor shall
establish an office in charge of IPRs complaints during the exhibition. Where an
office in charge of IPRs complaints is established, the IPRs administrative
department at the locality of the exhibition shall dispatch its personnel to station
therein and handle the case of infringement in accordance with law.
In case no office in charge of complaints is established for an exhibition, the IPRs
administrative department at the locality of exhibition shall intensify the guidance
for and supervision over the IPRs protection during the exhibition as well as the
handling of relevant cases therein. The exhibition sponsor shall publicize the
contact persons and ways of the IPRs administrative department at the locality of the
exhibition in an eye-catching place of the exhibition venue.
Article 7 An office in charge of IPRs complaints in an exhibition shall be comprised
of the personnel from the sponsor of the exhibition, the administrative department of
exhibitions, the IPRs administrative department in charge of patents, trademarks, and
copyrights, and perform the following functions and duties:
(1)Receiving the complaints of the IPRs holders, and suspending the item as suspected
of infringement on IPRs on display during the exhibition;
(2)Transferring the relevant complaint materials to the competent IPRs administrative
department;
(3)Coordinating and supervising and urging the treatment for complaints;
(4)Carrying out the statistic and analysis on the information regarding the IPRs
protection during the exhibition; and
(5)Any other relevant matters.
Article 8 An IPRs holder may file a complaint to the office in charge of IPRs
complaints during an exhibition or to the IPRs administrative department. The IPRs
holder shall, when filing a complaint to the office in charge of IPRs complaints,
submit the following materials:
(1)A legitimate and effective certificate of IPRs ownership: where any patent is
involved therein, the patent certificate, the text of patent announcement, the
identity certification of the patent owner, the certification on the legal status of
the patent shall be submitted; where any trademark is involved therein, the
certification documents of trademark registration shall be submitted, which shall be
confirmed by means of the signature or seal affixed by the complainant, and the
identity certification of the trademark owner shall be submitted as well; where any
copyright is involved therein, the certification of the copyright and the identity
certification of the copyright owner shall be submitted;
(2)The basic information about the parties as suspected to have committed any
infringement;
(3)The explanations and evidence for any suspected infringement; and
(4)Where an agent is entrusted to file a complaint, the relevant Power of Attorney
shall be submitted.
Article 9 In the case of any failure to meet the provisions of Article 8 of the
present Measures, an office in charge of IPRs complaints during an exhibition shall
inform the related complainant or claimant timely to supplement the relevant
materials. In case it fails to make the supplement, the complaint shall not be
accepted.
Article 10 Where a complainant brings any damage to the relevant respondent by
submitting any false complaint material or by any other fabricated complaint, he
shall be subject to the relevant legal liabilities.
Article 11 After receiving the complaint materials accorded with Article 8 of the
present Measures, The office in charge of IPRs complaints during an exhibition shall
transfer it to the relevant IPRs administrative department within 24 hours
Article 12 When the local IPRs administrative department accepts the requirement of
complaint or claim, it shall inform the relevant exhibition sponsor as well as the
relevant respondent to the complaint or claim timely.
Article 13 In the procedures for handling any complaint or claim concerning
infringement on IPRs, the local IPRs administrative department may, according to the
exhibition period, designate the limit of answer time for the relevant respondent to
a complain or claim
Article 14 Where a respondent to a complaint or claim submits his Statement of
answer, the local IPRs administrative department shall make a decision and deliver it
to the two parties timely ,unless any further investigation is required.
Where the respondent to a complaint or claim fails to submit his Statement of answer
within the time limit, the local IPRs administrative department shall not be
influenced making the decision.
Article 15 Where an exhibition is concluded, the relevant IPRs administrative
department shall notify the treatment decision to the exhibition sponsor timely . The
exhibition sponsor shall finish the statistic and analysis work on IPRs protection
during the exhibition and report the relevant circumstance to the IPRs administrative
department timely .
Chapter III Patent Protection during Exhibition
Article 16 Where any office in charge of IPRs complaints requires the assistance of
any local intellectual property bureau, the local intellectual property bureau shall
provide positive cooperation and participate in the IPRs protection during the
exhibition. The local intellectual property bureau may carry out the following work
during the exhibition:
(1)Accepting a complaint of suspected infringement on IPRs is transferred by the
office in charge of IPRs complaints in the exhibition, and handling it according to
the relevant provisions and regulations of the patent law;
(2)Accepting the claim of treatment for any dispute over suspected infringement on
patent relating to any exhibited item and handling it according to the provisions of
Article 57 of the Patent Law; and
(3)Accepting the tip-offs on any suspected counterfeit of other’s patent or imitated
patent relating to any exhibited item, or investigating and handling any action of
counterfeit of other’s patent or imitated patent relating to any exhibited item by
authority , and giving a punishment according to the relevant provisions of Articles
58 and 59 of the Patent Law.
Article 17 Under any of the following circumstances, the local intellectual property
bureau may not accept any complaint of patent infringement or claim for treatment:
(1)Where a complainant or claimant has filed a lawsuit of patent infringement to the
people’s court;
(2)Where any patent is in the requiring procedures for declaring invalidation of
patent right;
(3)Where any dispute over the ownership of the patent right is in the trial
procedures of the people’s court or in the mediation procedures of the
administrative department of patent; or
(4)Where any patent right has been terminated and its owner is attempting to resume
the patent right.
Article 18 The local intellectual property bureau shall, when notifying the
respondent to a complaint or claim, conduct instant investigation for obtaining the
evidence, read and copy the relevant documents relating to the case, inquire of the
parties concerned, carry out on-the-spot inspection by such means as camera shooting
or video camera shooting, or collect the evidence by sampling.
The local intellectual property bureau shall, when collecting the evidence, make the
note that shall have the signatures or seals of relevant undertaker and parties
concerned under investigation for evidence collection. Where any party concerned
under investigation for evidence collection refuses to render his signature or seal
on the note, the reason shall be indicated on the note. Where any other person is on
the spot, he may render his signature on the note at the same time.
Chapter IV Trademark Protection during an Exhibition
Article 19 Where an office in charge of IPRs complaints during an exhibition requires
the assistance from the local industry and commerce administrative department, the
latter organ shall provide active cooperation and participate in the IPRs protection
work during the exhibition. The following works during the exhibition by the local
industry and commerce administrative department may include:
(1)Accepting complaints of suspected infringement on trademark transferred by the
office in charge of IPRs complaints during the exhibition and handling them according
to the relevant provisions of laws and regulations on trademark;
(2)Accepting complaints of infringement on the right to exclusive use of trademark in
accordance with the provisions of Article 52 of the Trademark Law; and
(3)Investigating and punishing any case involving trademark irregularity by
authority.
Article 20 Under any case of the following circumstances, the local industry and
commerce administrative department may refuse to accept any complaint or claim for
treatment concerning infringement on the right to exclusive use of trademark:
(1)Where a complainant or claimant has filed a lawsuit of trademark infringement to
the people’s court; or
(2)Where any right of trademark has been invalidated or cancelled.
Article 21 The local industry and commerce administrative department may, after
deciding to accept any complaint or claim, carry out the investigation and treatment
according to the relevant provisions of laws and regulations on trademark.
Chapter V Copyright Protection during Exhibition
Article 22 Where an office in charge of IPRs complaints during an exhibition requires
the assistance from the local administrative department for copyright, the latter
organ shall provide active cooperation and participate in the IPRs protection during
the exhibition. The following works by local administrative department for copyright
during the exhibition may include:
(1)Accepting the complaints of suspected infringement on copyright transferred by the
office in charge of IPRs complaints during the exhibition and handling them according
to the relevant provisions of laws and regulations on copyright; and
(2)Accepting the complaints of infringement on copyright in accordance with the
provisions of Article 47 of the Copyright Law and giving a punishment according to
the relevant provisions of the Copyright Law.
Article 23 The local administrative department for copyright may, after accepting a
complaint or claim, adopt the following means to collect evidence:
(1)Reading and copying the documents and archives, account books or any other written
materials relating to the suspected infringement;
(2)Collecting the evidence by sampling the duplicate of the suspected of
infringement; and
(3)Registering and preserving the duplicate of the suspected of infringement.
Chapter VI Legal Liabilities
Article 24 Where the local IPRs administrative department believes that a complaint
of suspected infringement on IPRs is in fact, it may punish the exhibitor in
collaboration with the administrative department of exhibitions according to law.
Article 25 Where the local IPRs administrative department believes that a claim for
the treatment of suspected infringement on any invention right or new utility model
right is in fact, relevant treatment decision shall be decided, according to the
provisions of paragraph 1 of Article 11 of the Patent Law on prohibiting promised
sale as well as the provisions of Article 57 of the Patent Law on ordering the
infringer to stop his infringement immediately, and order the respondent to the claim
to withdraw all the exhibited items of infringement, to destroy the publicity
materials of introduction to exhibited items of infringement and to change the
exhibition board of introduction to exhibited items of infringement. .
Where the local IPRs administrative IPRs department believes that a claim for the
treatment of suspected infringement on any patent of exterior design and the
respondent to the claim sells his items on exhibition is in fact, the relevant
treatment decision shall be decided, according to the relevant provisions of
paragraph 2 of Article 11 of the Patent Law on prohibited sales action and Article 57
of the Patent Law on ordering the infringer to stop his infringement action
immediately, and order the respondent to the claim to withdraw any exhibited item of
infringement from the exhibition.
Article 26 Where anyone fabricates any other’s patent or fabricates any patented by
unpatented product, or fabricates any patented method by non-patented method , the
local intellectual property bureau shall give a punishment according to the
provisions of Articles 58 and 59 of the Patent Law.
Article 27 Where the local industry and commerce administrative department believes
that a claim for treatment of any infringement on trademark is in fact, it shall give
a punishment according to the relevant provisions of the Trademark Law and the
Regulation on the Implementation of the Trademark Law, etc..
Article 28 Where the administrative department for copyright believes that a claim
for treatment of any infringement on copyright as well as the related rights is in
fact, relevant punishment shall be given according to the provisions of Article 47 of
the Copyright Law, the relevant exhibited items of infringement as well as publicity
materials of introduction to exhibited items of infringement shall be confiscated and
destroyed, and the exhibition boards of introduction to exhibited items of
infringement shall be changed.
Article 29 Where, upon investigation, any exhibited item under complaint or claim of
infringement has been determined or decided in fact by the people’s court or the
IPRs administrative department and has taken legal effect , the local administrative
IPRs department may directly make a decision on treatment as prescribed in Article
26, 27, 28 or 29.
Article 30 Where a claimant pleads not only to prohibit an infringing exhibition
conducted by the infringer, but also pleads to prohibit any other IPRs infringement
committed by the same infringer, the local IPRs administrative department may give
treatment to any suspected infringement that occurs within its jurisdiction area
according to the relevant provisions of laws, regulations and rules on IPRs.
Article 31 Where any infringement by a exhibitor is in fact, the administrative
department of exhibitions may make an announcement to this exhibitor in accordance
with the law. Where the infringements by the exhibitor were more than twice
consecutively, the exhibition sponsor shall prohibit the said exhibitor to take part
in the next exhibition.
Article 32 Where a sponsor fails to fulfill its obligation regarding the IPRs
protection during an exhibition, the administrative department of exhibitions shall
give a warning thereto and disapprove any application for holding any relevant
exhibition again upon the circumstance in accordance with the law .
Chapter VII Supplementary Provisions
Article 33 Where any case hasn’t been concluded at the end of an exhibition, the
relevant facts and evidence of the case may be confirmed by the exhibition sponsor.
The IPRs administrative department at the locality of the exhibition shall, within 15
workdays, transfer it to the IPRs administrative department with jurisdiction for
treatment according to law.
Article 34 The term “IPRs administrative department” as mentioned in the present
Measures refers to the administrative departments for patent, trademark and
copyright. The term ” administrative department of exhibitions” as mentioned in the
present Measures refers to the department in charge of examination and approval or
registration of exhibitions.
Article 35 The present Measures shall come into force as of March 1, 2006.
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