Guangzhou Municipal People's Government Decision On The Amendment Of The Protection Measures For Intellectual Property Rights During Exhibitions In Guangzhou

Original Language Title: 广州市人民政府关于修改《广州市展会知识产权保护办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376415.shtml

Guangzhou Municipal People's Government decision on the amendment of the protection measures for intellectual property rights during exhibitions in Guangzhou

    (May 7, 2012 Executive meeting of the 14th session of the people's Government of Guangzhou City, the 14th through June 16, 2012, Guangzhou City people's Government announced come into force on the date of promulgation, 72nd) 14th 14 meeting of the Municipal Government decided to make the following changes in the measures for the protection of intellectual property rights during exhibitions in Guangzhou:

    A, the second in the "registered by an exhibition in the city registered" deleted, modified to "hold".

    Second, eighth paragraph (vi) delete ", exhibition Registration Department" and "is not the establishment of intellectual property institutions, fair registration has not registered".

    Three, Nineth part (d), delete ", exhibition Registration Department".

    Four, the 12th article "belongs to the 11th paragraph these measures, respondent refused to take steps to" amended to read "respondent refused to taken in accordance with the provisions of paragraph III of this article 11th covering, dismantle and other measures". Five, and 13th article subsection (a) items modified for "refused to according to this approach 11th article third paragraph of provides take cover, and withdrawal exhibition, processing measures of"; subsection (three), and (four) items in the of "Shang a session" modified for "to session"; subsection (three), and (four) items increased "by involved of intellectual property still in effective protection period within", modified for "......

    Still in the period of effective protection of intellectual property rights involved, the show went on display in the same exhibition project ".

   Six, 22nd in the second paragraph of "Guangzhou handles patent disputes methods" amended to "relevant laws, rules and regulations."

    This decision shall come into force as of the date of.

    Protection measures for intellectual property rights during exhibitions in Guangzhou republished as modified under this decision.

    Report: Guangzhou fair approach to intellectual property protection 2012 (revised)

    (Released on August 18, 2009, people's Government of Guangzhou City, the 21st, 72nd amended June 16, 2012, Guangzhou people's Government)

    First, exhibition, to strengthen the protection of intellectual property rights, and promoting orderly and healthy development of exhibition industry, according to the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies within the administrative area of the city holding various exhibitions, fairs, expositions, fairs, exhibitions and other events related to patent, trademark, copyright protection.

    Third exhibition intellectual property protection should follow government regulation, exhibition organiser responsible for exhibitor discipline, principles of public oversight.

    The fourth patent, trademark, copyright, intellectual property administrative departments should strengthen the protection of intellectual property rights during exhibitions, carry out the following functions:

    (A) organizing exhibition organizers and exhibitors of various intellectual property training, and provide guidance and counselling services;

    (B) inspecting and supervising the exhibition organisers, exhibitors and consciously fulfill obligations for intellectual property protection;

    (C) investigate exhibition took place in intellectual property rights cases. Department responsible for the administration of intellectual property rights provided for in the preceding paragraph shall establish fair information statistics system of intellectual property protection.

    Patent administration departments shall organize trademark, copyright administrative management departments to establish mechanisms for information sharing and coordination.

    Fifth time over 3rd and exhibition of one of the following circumstances, the Department responsible for the administration of intellectual property rights should establish field offices or designated co-ordinators, accept the intellectual property right holder or an interested person's administrative processes the request, addressed to meet the criterion:

    (A) the exhibition sponsored by the Government and Government departments;

    (B) has a major impact in the international or domestic events;

    (C) intellectual property infringement may occur more exhibitions.

    Not set up field offices or designated focal point of the exhibition, the intellectual property right holder or an interested person may directly request administrative processing to the administrative departments responsible for intellectual property.

    Sixth exhibition organiser shall sign with Exhibitor's participation contract articles on intellectual property rights protection, including:

    (A) Exhibitors shall undertake all of its participating project without any prior violations of intellectual property rights;

    (B) the exhibition project such as the exhibition organizers think the alleged copyright infringement, and exhibitors cannot make non-infringement of a valid proof, exhibitors should take cover immediately, dismantle and other measures;

    (C) the exhibition project is infringement by the Court's judgment or decision made by the Department responsible for the administration of intellectual property rights infringement and has the force of law, exhibitors refused to take cover, when dealing with measures such as exhibition, exhibition organiser and can recover exhibitors participating certificates or cancel the Exhibitor when the qualification;

    (D) other content associated with the protection of intellectual property rights during exhibitions.

    The seventh exhibition organiser and shall establish a record of intellectual property rights and publicity system, keep a record of this show exhibitors by category of intellectual property produced a list of intellectual property rights protection, available to the exhibitors before the show started on 15th.

    Article eighth exhibition organiser and shall fulfil the following obligations:

    (A) a prominent position at the Pavilion or on the Exhibitor's manual, published the Department responsible for the administration of intellectual property rights receives complaints or standards for processing the request contact information and registration;

    (B) advocacy for exhibitors to provide intellectual property Advisory Service;

    (C) receive complaints from the intellectual property right holder or an interested person, specific of the exhibition in the infringement of intellectual property rights;

    (D) upon the request of the intellectual property right holder or an interested person, produce relevant evidence, or for intellectual property rights holders, interested parties and its authorized agent to enter fair evidence to provide the necessary facilities;

    (E) keep information on exhibitions and protection of intellectual property rights and information statistics after the end of the exhibition itself during the exhibition to entertain complaints of intellectual property disputes and sorting, analysis, respectively, submitted to the patent, trademark and copyright administrations;

    (F) support the work of the Department responsible for the administration of intellectual property rights.

    Exhibition organiser and the establishment of intellectual property institutions, assigned responsibility for, and can employ the relevant participation of professional and technical personnel and legal professionals in the field.

    Nineth exhibitors shall fulfil the following obligations:

    (A) participation projects involving intellectual property rights, you should have the right to prove material, and started 30th in the exhibition to the exhibition organiser and record;

    (B) participating in projects marked intellectual property marks, logos, shall, in accordance with the relevant provisions of the specification label;

    (C) the consciousness to review the exhibition projects of the IP situation, must not be suspected of any prior violations of intellectual property rights project brought into the exhibition;

    (D) accept the supervision and inspection departments responsible for intellectual property administration and disposal.

    Tenth the intellectual property right holder or an interested person may by the complainants alleged violations complaints to the exhibition organiser, exhibition organiser and complaints should be dealt with in accordance with the provisions of the present article 11th.

    The intellectual property right holder or interested persons can also have the complainants suspected violations directly to the Court or to the Department responsible for the administration of intellectual property rights to process the request.

    11th right holders or interested parties when they lodged their complaints with the exhibition organiser and shall submit the evidence; the show organizers should be entertained and informed by the complainants in a timely manner. Alleged copyright infringement by complainants were informed of exhibition projects, it shall produce relevant evidence, not proof of infringement.

    Respondent cannot effectively perform its burden of proof, exhibition organiser and respondent should be requested in accordance with the contract immediately take cover, exhibition and other measures.

    Exhibition project is being complained against infringement by the Court's judgment or decision made by the Department responsible for the administration of intellectual property rights infringement and has the force of law, exhibition organiser and respondent should be required to immediately take cover, exhibition and other measures.

    12th by the complainants refused to follow these procedures measures taken 11th article, exhibition organiser and the exhibition project photo evidence of the alleged copyright infringement should be, to the complainant, or with the notary to obtain evidence.

    Respondent refused to taken in accordance with the provisions of paragraph III of this article 11th cover, dealing with measures such as dismantling, trade show organizers can also recover as contracted Exhibitors Exhibitor documents or cancel the Exhibitor when the qualification session.

    13th exhibition organiser should be declined for three consecutive from the next exhibition exhibitors participate in the same event with the following circumstances:

    (A) refuses to taken in accordance with the provisions of paragraph III of this article 11th covering, dismantle and other measures;

    (B) refuses to exhibitors of the exhibition organizers think the allegedly infringing items covering, dismantle and other treatments, the complainant prove that the exhibition project was people's Court or the Department responsible for the administration of intellectual property rights infringement;

    (C) the exhibition project in the previous exhibitions by people's Court or the Department responsible for the administration of intellectual property rights infringement and take cover, dismantling processing measures, still in the period of effective protection of intellectual property rights involved, the show went on display in the same exhibition projects;

    (D) the exhibition project in the previous exhibition by exhibition organizers think the alleged infringement and take cover, exhibition and other measures, the complainant prove that the exhibition project was people's Court or the Department responsible for the administration of intellectual property rights infringement, still in the period of effective protection of intellectual property rights involved, the show went on display in the same exhibition projects;

    (E) any other conduct does not meet the protection of intellectual property rights during exhibitions, the circumstances are serious.

    14th right holders or interested parties to the administrative departments responsible for intellectual property while processing a request, shall submit the following materials: (A) by the intellectual property right holders or interested parties sign or seal a letter, principal-agent, power of attorney should be submitted, and indicate the authorized permission;
    (Ii) involved patent of, should submitted patent certificate, and patent announcement text, and patent people of ID ming, and patent legal State proved; involved trademark of, should submitted trademark registered proved file, and trademark right people identity proved; involved copyright of, should submitted copyright right proved, and copyright people identity proved; is interest relationship people of, also should submitted exclusive using license contract or exclusive using license contract, proved material;

    (C) the basic information of the complainant, including booth where the respondent's name, and so on;

    (D) relates to patent for utility model or design shall be submitted to the Administrative Department for patent under the State Council issued the patent evaluation reports;

    (E) the complaint alleged infringement of participating project name, reason and evidence of alleged copyright infringement.

    15th article this article 14th (v) referred to evidence related to processing requests for patent infringement shall comply with the following conditions:

    (A) apart from the patent for the invention of new manufacturing methods, involving patents for inventions or patented process, direct access to the product, and shall submit a recipe involving products, components or the method used by the respondent;

    (B) involving large machinery, precision instruments, structures, such as utility model patents, invention patents, shall submit its shape, structure or combination of both falling into the scope of patent protection of relevant supporting documents;

    (Iii) other evidence can prove that the allegedly infringing product infringement charged.

    16th party in accordance with article 14th, 15th to submit material, shall be true, valid, may not submit false information.

    Material submitted by the parties is in the People's Republic of China outside the form, shall comply with the provisions of relevant laws and regulations on notarial certification, and should be accompanied by appropriate Chinese translations.

    17th the Department responsible for the administration of intellectual property rights does not accept exhibition intellectual property infringement of one of the following circumstances:

    (A) the intellectual property right holder or an interested person has been brought before the people's Court of intellectual property infringement;

    (B) the patent is in the request for invalidation proceedings;

    (C) the patent dispute, is in court proceedings or conciliation proceedings in the patent administration;

    (D) the registered trade mark is revoked or confirmed as invalid in review or court proceedings;

    (E) does not comply with the article 14th and the relevant provisions of article 15, article 16, could not be supplemented within the time limit of the Department responsible for the administration of intellectual property notice related material.

    18th the Department responsible for the administration of intellectual property rights in investigating intellectual property cases that occurred in processing exhibition, booth on-site inspection to be the complainant, check out, copy, and documents relating to the case, asked the parties, take photos and video footage, sampling investigation and evidence collection.

    19th field office established under the administrative authority for patent may apply summary procedure of patent infringement disputes subject to the following conditions:

    (A) where the patentee or interested person requires only that a complaint to stop abuses in the exhibition;

    (B) in accordance with article 14th, 15, the provisions of article 16, article 17;

    (C) the implications of patents has been carried out according to the seventh of these measures before the show registration and publicity.

    20th in accordance with the summary procedure to deal with cases of patent administration departments should receive treatment within 24 hours of the requested material filed and served on the respondent.

    Respondent shall reply within 24 hours after receiving the material, fails to submit his material, without affecting patent administration work.

    21st in accordance with the summary procedure to deal with cases of patent administration departments can mediate; fails, the facts are clear, well-documented, patent administration departments shall be made within 24 hours after the expiration of the complainant's defence decisions.

    Treatment decisions should be referred to the dispute the parties and exhibition organiser, infringement of participating projects shall immediately take cover, exhibition and other measures.

    22nd the patentee or interested party to present processing time for requests of less than 48 hours before the end of the show, do not apply summary procedure.

    Cases filed in accordance with the summary procedure, by comparing the site cannot determine whether you fall into the scope of patent protection shall not apply to summary procedure, in accordance with the relevant provisions of the relevant laws, regulations, rules for processing.

    23rd exhibition organiser and a violation of the rules of any of the following acts, be ordered by the Department responsible for the administration of intellectual property rights to fix it:

    (A) is not significant at the Pavilion or exhibitor is responsible for the administration of intellectual property rights departments handle requests received are published on contact and criterion;

    (B) did not provide exhibitors with advisory services on intellectual property information;

    (C) do not protect information and data submitted to the Organizer.

    24th exhibition organiser and a violation of the rules of any of the following acts, the Department responsible for the administration of intellectual property rights shall be ordered to correct; it refuses, and may impose a fine of less than 2000 Yuan and 10,000 yuan, causing serious consequences, could be fined 10,000 yuan and 30,000 yuan fines:

    (A) refuse the intellectual property right holder or an interested person the complaints, failing the exhibition project or the contract of alleged copyright infringement to take measures;

    (B) the intellectual property right holder or an interested person, refuse to produce relevant evidence, or refuse exhibition project photo evidence of the alleged infringement, forensics or refused to cooperate with civil authorities;

    (C) violation of the provisions of the present article 13th, allowing exhibitors continues to participate in the same event.

    25th the complainant submitted false materials, be warned by the administrative departments for handling complaints; forged evidence serious circumstances, and a fine of 10,000 yuan and 30,000 yuan fine.

    26th the Department responsible for the administration of intellectual property rights and their staff negligence, abuse of authority or engages, shall be given administrative sanctions by the relevant authorities; suspected of a crime, criminal responsibility shall be investigated according to law.

    27th exhibition projects in these measures, including exhibits, display boards, stands, products and photos, list of books, video materials, and other promotional materials. 28th article of the measures come into effect on October 1, 2009.