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Guangzhou Fair Approach To Intellectual Property Protection

Original Language Title: 广州市展会知识产权保护办法

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Protection of intellectual property at the Broadcast State

(Adopted by Decree No. 21 of 18 August 2009 of the People's Government of the State of the Great Britain and Northern Ireland on 1 October 2009)

Article 1 promotes structured health development in order to strengthen the protection of intellectual property rights in the current city, in accordance with the relevant laws, regulations and regulations.

Article 2. This approach applies to the various exhibitions registered in the present city's administrative region by the registry sector, exhibitions, fairs, trade fairs, showcases, relating to patent rights, trademark rights, copyright protection.

Article 3 Protection of intellectual property should be guided by the principles of government regulation, organization of exhibitions, self-regulation and social public scrutiny.

Article IV. The patents, trademarks and the copyright administration sector should strengthen the protection of the intellectual property of the exhibition and perform the following duties:

(i) The organization of an organization of a host unit, an exhibiter to train various intellectual property and to provide guidance and advisory services;

(ii) Examination, supervision of the hosting units of the Association and the self-speaker's awareness of the fulfilment of the intellectual property protection obligations;

(iii) Various types of violations of intellectual property arising from the exhibition.

The sectors responsible for the administration of intellectual property under the preceding paragraph should establish a statistical system for the protection of information in intellectual property. The patent administration sector should organize trademarks, the copyright administration sector to establish information-sharing and coordination mechanisms.

Article 5 organizes an exhibit of more than 3 days and has one of the following cases, and the department responsible for the administration of intellectual property should establish an office or designate focal points to receive requests for administrative processing from the owner or the stakeholder, and to address the criteria for the admissibility of the case:

(i) Exhibits hosted by the Government and the Government;

(ii) exhibitions that have a significant impact on the international or domestic context;

(iii) There may be more exhibitions of infringements of intellectual property.

Without the establishment of an office or the appointment of a liaison officer, the intellectual property owner or the stakeholder may submit a request for administrative treatment directly to the department responsible for the administration of intellectual property.

Article 6. The hosting units of the exhibition shall agree on the protection provisions of intellectual property in the exhibition contract with the participant, including:

(i) The proponents should commit themselves to the non-violation of the intellectual property acquired by others;

(ii) Exhibits, such as those found to be suspected of violations by the hosting office of the exhibition and the non-violable valid testimony of the lender, should take immediate measures to address such violations;

(iii) In the case of a violation judgement by the People's Court or a violation-processing decision by the department responsible for the administration of intellectual property, and the legal effect has been taken, the symposia refused to take measures such as bunity, the withdrawal of exhibitions, which may be able to reclaim the witness's attendance documents or to remove the eligibility of the participant to participate.

(iv) Other elements relating to the protection of intellectual property at the exhibition.

Article 7. The hosting units of the exhibition should establish an intellectual property reserve and an indicative system whereby the intellectual property of the current exhibition would be printed in a list of intellectual property protection by category, which would be made available to the proponents by 15 May.

Article 8

(i) To publish, at the centre responsible for the administration of intellectual property, complaints or the manner and criteria for the processing of requests for communication and case-by-case cases, in the case of a prominent place in the exhibition or a manual of the participant;

(ii) Provision of awareness-raising advisory services on intellectual property for participants;

(iii) To receive complaints from intellectual property rights rights or persons of interest and to deal with infringements of intellectual property in the exhibition;

(iv) The provision of the necessary facilities for the entry of the owner, the stakeholder and his or her agent at the request of the owner or the owner of the intellectual property;

(v) The proper preservation of information and information on the protection of intellectual property of the exhibition, and the classification, analysis of intellectual property claims and transactions of intellectual property before it during the statistical exhibition after the end of the exhibition, respectively, of patents, trademarks and the copyright administration;

(vi) Coordinate the work of the department responsible for the administration of intellectual property, the exhibition registration sector.

The hosting units of the exhibition should establish an intellectual property working body, assign specialist responsibility and may engage professional and legal professionals in the relevant areas; and do not establish an intellectual property work agency to register the registry sector.

Article 9: The proponent shall perform the following obligations:

(i) The exhibition project concerned intellectual property and should be prepared for the relevant rights certificate materials and for the hosting of the exhibition by 30 days;

(ii) To mark the intellectual property mark, the mark, and the mark should be subject to the relevant provisions of the State;

(iii) Self-reviewed examination of the status of intellectual property in the exhibition project and no access to the exhibition of projects suspected of violating intellectual property rights of others;

(iv) Inspection, inspection and treatment of sectors responsible for the administration of intellectual property.

Article 10 The owner of the intellectual property or the owner may lodge a complaint to the host office on the alleged violations committed by the complainant, which shall address the complaint in accordance with article 11 of this approach.

The intellectual property owner or the owner may also lodge a request for treatment to the People's Court for alleged violations committed directly by the complainant or to the department responsible for the administration of intellectual property.

Article 11. The intellectual property owner or the stakeholder shall submit the material at the time of the presentation of a complaint to the host office of the exhibition, which shall receive and inform the complainant in a timely manner.

The complainant was informed that the project was suspected to be infringed and that the relevant evidence should be presented in a timely manner and evidence of non-compliance. The complainant cannot make effective evidence, and the hosting of the exhibition should request the complainant to take immediate measures in accordance with the contract agreement.

The contested project, which had been filed by the People's Court of Justice, had taken a violation judgement or had been taken by the department responsible for the administration of intellectual property, and had legal effect, should require the complainant to take immediate measures such as bunity, withdrawal.

Article 12 The complainant rejects the measures taken in accordance with article 11 of this approach, and the hosting units of the exhibition should take photographs of the alleged infringements, refer the complainants, or cooperate with the public witness body.

As provided for in article 11, paragraph 3, of the present approach, the complainant refused to take measures, and the hosting units of the exhibition could also recover their attendance documents in accordance with the contract agreement or remove the eligibility for the opening of the exhibition.

Article 13 The hosting units of the exhibition shall be refused to participate in the same exhibition from the next three consecutive sessions in one of the following cases:

(i) To reject measures to be taken to address such measures as bribes and exhibitions that have been identified by the People's Court or by the authorities responsible for the administration of intellectual property;

(ii) To reject the measures taken by the hosting units to consider violations, such as bunciation, removal of exhibitions, which the complainant confirmed that the subsequent exhibition was confirmed by the People's Court or by the department responsible for the administration of intellectual property;

(iii) In the previous exhibition, the same outreach project continued to be displayed in the present exhibition, in response to measures taken by the People's Court or by the authorities responsible for the administration of intellectual property to identify violations;

(iv) In its previous opening session, the interviewing measures, such as bunctuaries and exhibitions, which were considered to be infringed by the organization of the exhibition, confirmed that the subsequent exhibit was confirmed by the People's Court or by the department responsible for the administration of intellectual property, and that the same outreach project continued to be displayed in the current exhibition;

(v) Other acts that do not cooperate with the protection of intellectual property are serious.

Article 14. The right of intellectual property or the owner shall submit the following information to the authorities responsible for the administration of intellectual property:

(i) The request to be signed by the owner or the owner, or by the owner, to be processed by the author, shall be submitted to the delegation of authority and to indicate the terms of reference;

(ii) In relation to patents, a patent certificate, the patent notice, the identity certificate of the patent owner, the legal status certificate of the patent; in relation to trademarks, a document of registration of trademarks, a certificate of identity of the trademark owner; and in relation to copyrights, a copyright certificate, copyright status certificate, and a person of the interest, and the material such as the sole use of the licence contract or exclusive of the licence contract;

(iii) The basic information of the complainant, including the name of the complainant and the place of the exhibition;

(iv) In relation to the use of new types of patents or appearances in the design of patents, a patent rights evaluation report from the patent administration of the Department of State should be submitted;

(v) The name of the contested project, the reasons for the alleged violation and the evidence of the alleged violation.

Article 15. The evidence referred to in article 14, subparagraph (v), of this approach shall be subject to the following conditions:

(i) In addition to the invention of patents for new product manufacture methods, which involve invention of patents or direct acquisition of products in accordance with the patent method, the methods used by the author, sub-group or the applicant concerned should be presented;

(ii) New types of patents, invention of patents, which involve products such as large mechanical equipment, well-established instrument structures, should be submitted to the relevant proof materials that integrate them into the scope of patent rights protection;

(iii) Other evidence that is alleged to have infringed products.

Article 16 provides that the material submitted by the parties in accordance with article 14 and article 15 of this approach shall be authentic, lawful and non-submission of false material.

The material submitted by the parties was created outside the People's Republic of China and should be in accordance with the relevant legal, legislative and regulatory provisions for accreditation and should be accompanied by the corresponding translation.

Article 17 Department responsible for the administration of intellectual property does not accept a violation of the intellectual property right in one of the following cases:

(i) The owner of the intellectual property or the stakeholder has initiated a violation of intellectual property before the People's Court;

(ii) The right to patent is in the process of invalidating the request;

(iii) The existence of a right to a patent is a dispute and is in the proceedings before the People's Court or in the conciliation process in the patent administration sector;

(iv) A registered trademark was removed or confirmed to be reviewed or the People's Court proceedings;

(v) Incompatible with the provisions of Articles 14, 15 and 16 of this approach, it was not possible to supplement the relevant material within the time period of sectoral notification responsible for the administration of intellectual property.

Article 18 departments responsible for the administration of intellectual property are able to conduct on-site inspections when investigating cases of intellectual property that occurred in the exhibition, to obtain, replicate documents related to the case, to ask the parties to take photographs, photographs, samplings, etc.

Article 19 The field office established by the patent administration may apply a simple procedure to deal with a patent infringement dispute in accordance with the following conditions:

(i) The patent owner or the stakeholder only requires the complainant to cease violations in the current exhibition;

(ii) In conformity with articles 14, 15, 16 and 17 of this approach;

(iii) The patent rights in question have been provided in article 7 of this approach and in a roll-call.

Article 20 deals with cases processed under a simple procedure, the patent administration should receive 24 hours of the receipt of requests for information and be sent to the complainant.

The complainant shall respond within 24 hours of receipt of the material, with no delay in the submission of the reply, without prejudice to the work of the patent administration.

Article 21, which is dealt with in a summary procedure, may pre-empt mediation by the patent administration sector; mediation is not clear, evidence is clear, and the patent administration should take a decision within 24 hours after the complainant's responds.

The decision should be communicated to the parties to the dispute and to the hosting units of the exhibition, and the contested project to be found to be infringed should take immediate measures to deal with such violations.

In article 22, the patent owner or the stakeholder submitted a request for a period of less than 48 hours without a simple procedure.

In the case of a simple procedural case, a simple procedure was not applicable to the extent that it was not possible to determine whether it fell within the scope of the patent rights protection and was processed in accordance with the relevant provisions of the Modalities for dealing with patent disputes in the wide State.

In violation of this approach, the Director-General of the Exhibition Board has one of the following acts, which is redirected by a sectoral responsibility for the administration of intellectual property:

(i) The manner in which the authorities responsible for the administration of intellectual property are subject to the request and the criteria for the filing of cases, which are not made available in the exhibition room or in the induction manual;

(ii) No promotional advisory services on intellectual property to the proponent;

(iii) Non-statement of information and information on the protection of intellectual property.

In violation of this approach by the hosting units of the exhibition, one of the following acts has been corrected by a sectoral order responsible for the administration of intellectual property; the refusal to rectify it may impose a fine of up to 1 million dollars in the year 2000; and, with serious consequences, a fine of up to 30,000 dollars.

(i) The rejection of the complaint by the owner or the stakeholder of the intellectual property, and the absence of a provision or contract agreement on measures taken to address the contested project of alleged violations;

(ii) If the owner or the owner requests, rejects the relevant evidence, or refuses to take photographs of the alleged infringements, or refuses to cooperate with the public accreditation authorities;

(iii) In violation of article 13 of this approach, allow the openingers to continue to participate in the same exhibition.

Article 25. The complainant's submission of false material was warned by the administrative authorities dealing with the complaints; there were serious circumstances such as the falsification of the main evidence and fines of over 3,000 dollars.

Article 26 Departments responsible for the administration of intellectual property and their staff toys negligence, abuse of authority, provocative fraud are governed by law by the relevant authorities, and criminal responsibility is held by law.

Article 27 of this approach refers to outreach projects, including exhibitions, exhibitions, products and photographs, catalogues, visual information and other relevant information.

The twenty-eighth approach was implemented effective 1 October 2009.