Exhibition, Guangdong Province patent protection exhibition, Guangdong Province patent protection approaches
(September 10, 2012, Guangdong provincial people's Government, the 103th General Meeting September 12, 2012 173th promulgated by the people's Government of Guangdong Province as of October 15, 2012) Chapter I General provisions
First patent protection in order to strengthen the exhibition, maintaining the order of events, and to promote economic and social development, according to the People's Republic of China patent law, the Guangdong provincial patent Ordinance and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
Second events are held within the administrative area of the province relating to patent protection, application of this approach.
Exhibitions in these measures, refers to the show organizers in the breeze way in a fixed location and held within a predetermined period to demonstrate, transactions for the purpose of exhibition, trade fairs, expositions, fairs, exhibitions and other events.
Referred to in this way by show organizers (the sponsor or organizer) refers to signed a participation contract with exhibitors or other forms of agreement (hereinafter contract), is responsible for implementation of programmes, plans and patent protection rules in exhibition the exhibition, to co-ordinate, organize and plan events, and events are the responsibility of the unit.
Exhibition patent complaint-handling bodies mentioned in these measures refers to established by the show organizers, is responsible for the mediation of patent infringement disputes during the exhibition working bodies.
Article shows patents shall follow the event organizer is responsible for, the principle of government regulation and supervision of the public.
Show organizers and exhibitors should sign a participation contract, agreed the show terms of patent protection, strengthening patent examination and protection work in exhibition.
Should be legal participation of exhibitors, there shall be no infringement of a patent and counterfeited patent.
Fourth patent administration departments under the people's Governments above the county level shall be responsible for guidance, supervision and management of exhibition of patent protection within their respective administrative areas.
Relevant departments of the people's Governments above the county level in accordance with their responsibility to show the related patent work, maintain show the normal order.
Article fifth patent infringement disputes during the exhibition, the patentee or interested party can request exhibition patent complaint handling body or Administrative Department for patent under mediation, seat of the exhibition can also request the patent Administration Department under the people's Governments, or directly to a people's Court.
Sixth industry associations should be through the development of industry self-regulatory codes, advocacy training, and enhance awareness of patent protection, assist in the Administrative Department for patent under patent protection and exhibition organizers the exhibition.
Article seventh exhibitors, the patentee or interested persons shall abide by the show organizers to develop exhibition patent protection rules.
Eighth show organizers and exhibitors shall be subject to the patent Administration Department under the guidance, supervision and management, with the patent Administration Department of law enforcement activities.
Chapter II patent specifications article Nineth show organizers the exhibition exhibition patent protection rules should be established, by e-mail, fax or any other means to the exhibition location in time inform patent administration departments of the people's Government for the record.
Patent protection rules of the exhibition shall mainly include:
(A) the exhibition sponsor a fair patent complaint handling bodies, composition, duties;
(B) exhibits relating to patents, the Exhibitor shall prepare documents on the rights, and the patent status of the exhibit is self;
(C) the exhibition sponsor shall safeguard the legitimate rights and interests of the patentee, to examine the exhibits, Exhibitor shall provide cooperation.
The exhibits referred to in the preceding paragraph, including exhibits, display boards, stands, products and photos, list of books, video materials, and other promotional materials.
Tenth show organizers shall perform the following duties:
(A) the Exhibitor Manual published prominently in the exhibition and exhibition patent complaint handling body or where the patent Administration Department, contact information, complaints channels and patent protection rules and other information; (b) for a fair patent complaint handling bodies, accepting complaints from the patentee or interested party, in the exhibition of a patent infringement dispute mediation;
(Iii) exhibits suspected of passing off the patent or repeated infringement, the timely transfer of patent administration departments dealt with according to law;
(D) the preserved patent information and archives of the show, from the date of the exhibition will be held retained for not less than 2 years, and should end within 30th of the exhibition in accordance with the requirements of the patent Administration Department by e-mail or fax, submit the information.
11th Exhibition sponsor shall set up a patent system, and exhibits relating to patents database, directory or any other form of publication, except those involving trade secrets.
12th show organizers and exhibitors should sign a participation contract, terms of contract shall include the following main patent protection:
(A) the Exhibitor shall abide by the show's patent protection rules;
(B) the Exhibitor shall accept fair patent complaint mediation, refused to cooperate with mediation, show organizers can terminate the contract as agreed, exhibiting;
(C) conciliation by the exhibition patent complaint handling body considers alleged patent infringement and exhibits on display, exhibitors refused to take cover, removed, hold promotional information, dismantling measures such as replacing panels, show organizers can terminate the contract as agreed, exhibiting;
(D) the exhibitor on the patentee or interested party complaints of alleged patent infringement, shall be subject to the patent Administration Department under the summary procedure;
(E) the exhibits or the people's Court for infringement of a patent the patent Administration Department, exhibitors refused to take cover, removed, hold promotional materials, replace panels, such as dismantling measures, show organizers can terminate the contract as agreed, exhibiting;
(Vi) other patent protection and exhibition-related content.
13th model contract involving patents, by patent Administration Department of the people's Government of the province, in its published on the portal site, and available for free download. 14th exhibition agent patent infringement disputes the Parties shall be submitted to the principal signed or sealed by the power of Attorney, power of Attorney must specify the matters entrusted and the permissions.
Complaints against recognition, renunciation, change requests, reconciliation, there must be a special authorization of the client.
Foreigner, foreign enterprise or other foreign organization during the show made against patent infringement dispute conciliation or process the request shall entrust Chinese patent agency or legally established law firms.
15th exhibition should be strengthened patent protection for the patent Administration Department, during the period of the exhibition will be held, should manage the urge to inspections show organizers and exhibitors to meet patent protection obligations to check patent identification of exhibits, on suspicion of passing off the patent exhibits to be processed in a timely manner.
16th patent administrative departments shall guide and supervise the show organizers called for by this approach for a fair patent complaint handling bodies, and requested the show organizers in the Pavilion prominently or exhibitor's manual posted on the patent complaint handling bodies of the exhibition location, contact information and information on patent protection rules.
Patent infringement dispute resolution article 17th chapter exhibition to show patent complaint handling bodies, shall submit the following materials:
(A) the application, including the complainant and the accused Exhibitor (hereinafter respondent) General information, requests and complaints on the basis of the facts and reasons;
(B) legal and valid proof of ownership, including the patent certificate, patent announcement text, identification of the patentee, patent legal status certificate;
(Iii) other relevant evidence. 18th the Administrative Department for patent patent databases should be established, providing services for exhibitions.
Experts made up of experts in intellectual property, legal and related areas. Show organizers a fair patent complaint handling bodies, according to the contract terms of patent protection patent infringement dispute mediation during the exhibition.
Its composition shall be not less than 3 persons, from experts in the selection of the patent Administration Department, or you can request the patent Administration Department assigned or invited experts in relevant fields.
Article 19th exhibition patent complaint handling agency mediation staff and has an interest in the patent infringement dispute, should be avoided.
20th show patent complaints handled under this article Nineth and 12th of the regulations, shall perform the following duties:
(A) receive exhibition patent infringement complaints;
(B) to investigate and verify the complaints;
(C) Organization of the complainant and the accused persons to engage in mediation;
(D) according to investigation or mediation to the show organizers to propose whether to continue to perform the contract.
After 21st exhibition patent complaint handling body to receive complaints, ought to be the complainant's booth to conduct on-site investigations, service of related documents, listen to the views of the parties, determining the facts, distinguish right from wrong responsibility, organized parties in mediation.
A conciliation agreement and mediation agreement should be made on the spot, and come into effect after the signing by the parties; do not accept mediation or conciliation agreement cannot be reached, show organizers should be agreed upon in the contract for processing.
22nd the exhibition sponsor exhibits of alleged copyright infringement, should be required to be dismantling by the complainant in accordance with the contract to take immediate measures.
Exhibition patent complaint-handling bodies found in violation of these regulations by the exhibitors during the mediation process relating to 12th, show organizers can terminate the contract as agreed.
Participation after the termination of the contract, respondent shall immediately dismantling.
Article 23rd was the complainant disagrees with the implementation of the mediation agreement shall, within 24 hours through patent complaints deal with written comments to the show organizers, and submit the evidence.
Was the complainant's objection is established, regarded as the original mediation agreement reached by both sides, show patent complaint handling Office shall within 24 hours notify the respondent restored display, and inform the complainant in writing.
Was not established by the complainant's objection, the conciliation agreement reached between the parties.
24th exhibition patent complaint handling bodies in the mediation process, involving large machinery, precision instruments, internal structure, manufacturing method and the other is difficult to determine patent, you can terminate the mediation, and inform the complainant in writing.
Patent complaint handling agency shall, in accordance with the exhibition the patentee or interested party requests issued by the relevant evidence or to facilitate their review, copy relevant material.
Patent administration departments to resolve the 25th show of patent infringement, pursuant to the provisions of relevant laws and regulations.
Mediate the patent Administration Department, an agreement shall be made on the spot a mediation agreement, by agreement of the parties after the signing, is effective.
Mediation no agreement or written conciliation agreement to the back before, the patent Administration Department shall make administrative processing.
Fourth chapter of fair administration of patent infringement disputes of the 26th exhibition the patent Administration Department of patent infringement may apply summary procedure or the ordinary procedure.
27th exhibition will be held in more than 3rd, patent administration departments under the people's Governments above the County needs to resident's, you can send personnel stationed in, and patent infringement disputes and the establishment of the provisional acceptance, accept the patentee or interested party's requests for patent infringement dispute, is admissible is admissible by law.
Show organizers shall cooperate with and provide the necessary premises and working conditions.
28th the patentee or interested parties to the patent Administration Department under the patent infringement dispute handling the request, shall comply with the following conditions:
(A) submit requests for patent infringement dispute, evidence, and personal identity certificates, business licenses and other information;
(B) the claimant is the patentee or interested party;
(C) clear by the requested person;
(D) specific claims and the facts and reasons;
(E) the parties did not bring a lawsuit;
(Vi) belonging to the patent Administration Department under the scope of jurisdiction and admissibility;
(G) the repeated infringement, the claimant shall also submit the entry into force of a decision of administrative handling, civil judgment or arbitration award instrument.
Patents are in the request for invalidation procedures and ineffective argument is obviously valid fair patent infringement, patent administration departments can not be accepted.
29th the evidence submitted by the Parties shall be truthful and lawful.
Evidence submitted by the parties is in the People's Republic of China outside the territory formed, shall be certified by the notary public of the country, and by People's Republic of China stationed in the Embassy or Consulate of the country to be certified, or fulfill the People's Republic of China concluded with the host country of the proof provided for in the relevant treaty procedures.
The evidence submitted by the parties in Hong Kong, Macao, Taiwan regions and shall perform other identification procedures.
Party is outside, the proof of qualification material referring to this article and the provisions of that paragraph.
Foreign-language documentary evidence submitted by the parties, or descriptive information in foreign languages, and shall be accompanied by a Chinese translation.
Article 30th patent Administration Department show the patent infringement case, on-site examinations can be requested to man the booth, check out, copy, and documents relating to the case, asked the parties, take photos and video footage, sampling investigation and evidence collection.
31st ordinary patent infringement case handlers during the exhibition, according to the Guangdong provincial patent Ordinance and the provisions of relevant laws and regulations.
Implementation of the patent regulations of Guangdong Province 32nd, 33rd, and other related measures, generated by transport, storage and other costs borne by the claimant, relates to patent for utility model or design patent, the request shall be submitted to the Administrative Department for patent under the State Council issued by the utility to retrieve reports or franchise evaluation reports.
Articles 32nd to clear facts and evidence the patent Administration Department full, less controversial patent infringement dispute case and meets one of the following conditions, may apply summary procedure:
(A) where the patentee or interested person requires only that a complaint to stop abuses in the exhibition;
(B) the entry into force of legal instruments identified patent infringement;
(Iii) exhibits were the subject of the technical solution or design with the same invention, utility model or design patent;
(D) other circumstances that may apply summary procedure.
33rd summary procedure to deal with, in addition to shall be in conformity with article 28th of this approach provides, claimants should also be guaranteed and provided comparative analysis of falling into the scope of patent protection materials and utility retrieves the certificate issued by the patent Administration Department under the State Council report or patent evaluation reports and related documents.
The patentee or interested persons to present patent infringement dispute request processing time is less than 48 hours before the end of the show, do not apply summary procedure.
Article 34th summary proceedings of the cases before, the patent Administration Department shall promptly deliver notice of acceptance and other relevant instruments materials and served on both parties.
The requested person shall on receipt of the notice of acceptance and other relevant instruments materials within 24 hours to reply and the submission of evidence, fails to reply, and the onus of proof, does not affect the processing of the patent Administration Department.
35th in accordance with the summary procedure to deal with cases of patent infringement, the patent Administration Department should be heard within 24 hours after the expiry of the claimants argue, mediation fails to make a decision.
Article 36th cases filed in accordance with the summary procedure, by comparing the site cannot determine whether you fall into the scope of protection of the patent right of the complexity of the case, no longer applied summary procedures, processed in accordance with the provisions of the present article 31st, the patent Administration Department shall inform the parties, together with the reasons.
37th investigate suspected of passing off the Patent Act the patent Administration Department under the People's Republic of China regulations of the patent law and other related laws and regulations.
Investigate counterfeiting patents the patent Administration Department, show organizers and exhibitors shall cooperate, assist.
Fifth chapter exhibition management of patent files
Article 38th patent administrative departments shall establish a fair patent files, included the following archives:
(A) in violation of these regulations section 12th;
(B) is identified as patent infringement, passing off the patent or repeated infringement;
(C) where the patentee and interested parties to existing technology or existing design patents and patents authorized, complained to the show organizers or the patent Administration Department handling the request.
39th patent administrative departments shall, in accordance with the provisions of article archive information into administrative sectors show good faith enterprise credit information system, realize the business credit information sharing between departments, effective monitoring and protection against patent infringement and counterfeiting patents.
40th patent administration during the exhibition of patent infringement and counterfeiting the patent to the public.
41st patent administration in trade show exhibitors of the patent files, inspection should be focused on checking during the exhibition, to review its patent rights documentary.
Sixth chapter legal liability article 42nd Exhibition sponsor breaches this article tenth article, 11th, 12th, 21st, rectification by the patent Administration Department; it fails, with a warning and informed criticism.
Article 43rd show organizers in violation prescribed in this way, any of the following circumstances, the patent Administration Department shall order rectification refuses, and may be fined not more than 1000 Yuan more than 10000:
(A) no patent complaint handling bodies of the exhibition is established;
(B) refuse to accept the patentee or interested party complaint, is not in accordance with the provisions or the contract of a measure to prohibit the exhibition of the exhibition project;
(C) complaints by the patentee or interested party, refuse to produce relevant evidence, or refuse to cooperate with the evidence of notary;
(D) denial of administrative and judicial authorities access to complaint files, refusing to subject access, copy the complaint files involved.
44th article in violation of these regulations under article eighth, hinder the patent administration departments to perform their duties according to law by the public security organs shall be subject to administrative penalties for public security.
Article 45th patent administrative departments and their personnel in violation of the relevant provisions of the measures, any of the following circumstances, disciplined by the superior or supervisory departments according to law the patent Administration Department:
(A) not published in its Web portal model contract;
(B) No for show organizers to give guidance and supervision;
(C) no patent protection to fulfil management responsibilities of the exhibition;
(D) of dereliction of duty, abuse of authority or engages in.
The seventh chapter by-laws article 46th exhibition sponsored by the Central and State organs in Guangdong, in accordance with the measures implemented; its competent authorities otherwise provided by the patent protection of the exhibition, from its provisions. 47th article this way since October 15, 2012.