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Fair Approach To Intellectual Property Protection

Original Language Title: 展会知识产权保护办法

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(January 13, 2006, the Ministry of Commerce, the State administration for industry and commerce, the national copyright administration, the State intellectual property Bureau announced in 2006, 1th come into force on March 1, 2006) Chapter I General provisions article to strengthen the protection of intellectual property rights during the exhibition, maintaining the order of Convention and exhibition industry, promoting the healthy development of the industry, according to the People's Republic of China Law on foreign trade, the People's Republic of China patent law, the People's Republic of China trademark law and the People's Republic of China copyright law
    And related administrative rules and regulations, such as the development of this approach.
    Second article this regulation is applicable in the People's Republic of China territory held all kinds of economic and technological trade fair, exhibitions, expositions, fairs, exhibitions and other activities in the patent, trademark and copyright protection.
    Article the fair management should strengthen the protection of intellectual property rights during the exhibition coordination, supervision, inspection, and maintenance show the normal trade order. Show organizers of the fourth article shall safeguard the legitimate rights and interests of intellectual property rights. In investment exhibition, the show organizers, exhibitors about intellectual property protection should be strengthened and the exhibition projects (including exhibits, display boards and related literature) review of the status of intellectual property rights.
    During the exhibition, the exhibition sponsor shall cooperate with the work of intellectual property protection in the intellectual property administration.
    Show organizers can be signed with the exhibitors during the exhibition or contract in the form of articles on intellectual property protection, strengthen the protection of intellectual property rights during exhibitions.
    Article fifth exhibitors are exhibiting should be legal, not to infringe the intellectual property, and intellectual property administrative department or the Justice Department's investigation may be required. Sixth chapter complaints date in more than 3 days (including 3 days), the fair management considers it necessary, show organizers should be established during the exhibition intellectual property complaints against the Agency.
    Establish complaints bodies the exhibition will be held in presence of staff of the intellectual property Administrative Department shall, and to deal with the case according to law.
    Does not establish complaints bodies, the exhibition will be held in intellectual property administrative departments should strengthen the protection of intellectual property rights during exhibitions guiding, supervising and handling related cases, exhibition organizers the exhibition should be organized of the relevant intellectual property administrative department contacts, contacts and other prominent positions at all exhibition venues to publicity.
    Seventh article exhibition intellectual property complaints institutions should by exhibition hosted party, and exhibition management sector, and patent, and trademark, and copyright, intellectual property administration sector of personnel composition, its duties including: (a) accept intellectual property right people of complaints, suspended suspected violations intellectual property of exhibits in exhibition during displayed; (ii) will about complaints material transfer related intellectual property administration sector; (three) coordination and urged complaints of processing; (four) on exhibition intellectual property protection information for statistics and analysis; (five) other related matters. Article eighth right holders can complain to show intellectual property organization may make a complaint directly to the administration of intellectual property rights.
    Right people to complaints institutions complaints of, should submitted following material: (a) legal effective of intellectual property ownership proved: 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 by complaints people signed chapter confirmed, trademark right people identity proved; involved copyright of, should submitted copyright right proved, and copyright people identity proved; (ii) suspected infringement party of basic information;
    (C) the reasons and evidence of the alleged infringement and (iv) the Attorney complaint should submit a power of attorney. Nineth does not comply with the provisions of article eighth, fair intellectual property complaints against the Agency shall promptly notify the complainant or claimant to supplement the material.
    Has not been added, will not be accepted.
    Article tenth of the complainant to submit false material or other loss caused by false complaints to the respondent, shall bear the corresponding legal responsibility.
    11th exhibition intellectual property complaints are received by the Agency in accordance with this article eighth after the complaint material provided should be in within 24 hours of the transfer of its intellectual property administration.
    12th regional intellectual property administrations accepted complaint or request, should inform the show organizers, and promptly notify the respondent or petitioner.
    13th in dealing with complaints of violations of intellectual property rights, or requestor, local intellectual property administrative departments can be specified according to the extension of the show was the complainant or applicant reply deadline.
    14th respondent or after the person filing the request, unless there is a need for further investigation, local intellectual property Administrative Department shall make timely decisions to the parties.
    Respondent or applicant fails to submit the statement of Defense, does not affect the local intellectual property administrations decision. After the end of the 15th exhibition, related intellectual property Administrative Department shall timely notice on the result show organizers.
    Show organizers should do a statistical analysis of the protection of intellectual property rights during exhibitions and will be promptly reported to the fair management of the situation. Patent protection during chapter events 16th show complaints body needs local intellectual property offices assisting the local intellectual property offices should actively cooperate with and participate in the protection of intellectual property rights during exhibitions. Place intellectual property Council in exhibition during of work can including: (a) accept exhibition complaints institutions transfer of on suspected violations patent of complaints, in accordance with patent legal regulations of about provides for processing; (ii) accepted displayed project suspected violations patent of patent infringement disputes processing requests, in accordance with patent law 57th article of provides for processing; (three) accepted displayed project suspected fake others patent and posing as patent of reported, or according to terms investigation displayed project in the fake others patent and posing as patent of behavior, according to
    58th and 59th of the patent law provides for punishment.
    17th article has following case one of of, place intellectual property Council on violations patent of complaints or processing requests not accepted: (a) complaints people or requests people has to court filed patent infringement litigation of; (ii) patent are in invalid declared requests program among of; (three) patent exists ownership disputes, are in Court of trial program or management patent work of sector of mediation program among of; (four) patent has terminated, patent people is handle right recovery of.
    18th regional intellectual property offices in the notifications of the complainant or the requested person, investigation and evidence collection, check out, copy, and documents relating to the case, asked the party, using photos and video footage, including on-site inspection or sampling of evidence. Local intellectual property offices to collect evidence of a record shall be kept, by contractor personnel, signed and sealed by the parties being investigated evidence.
    Is evidence of the parties refused to sign seal, should indicate on the transcript causes other people at the scene, can also be signed by the other. Trademark protection during the fourth chapter exhibition 19th show complaints bodies need assistance of the local administration for industry and commerce, local industrial and commercial administrative departments should actively cooperate with and participate in the protection of intellectual property rights during exhibitions.
    Local industrial and commercial administrative departments during the show can include: (a) accept exhibition institutions complaints relating to alleged trademark infringement complaints handled in accordance with the relevant provisions of the trademark laws and regulations, (ii) accepted in accordance with the trademark law provided for in the 52nd of complaints of violations of the right to exclusive use of trademarks, (iii) in accordance with terms of reference to investigate trademark violations.
    20th under any of the following circumstances, local industrial and commercial administrative departments for violations of trademark rights complaints or process the request inadmissible: (a) the complainant or petitioner has filed trademark infringement lawsuit to the people's Court; (b) the trademark has been invalidated or revoked.
    21st after deciding to accept the local industrial and commercial administration sector, based on the trademark laws and regulations and other related provisions of the investigation and handling. Copyright protection during the fifth chapter exhibition 22nd show complaints body needs of local Copyright Administration Department to assist local copyright administration departments should actively cooperate with and participate in the protection of intellectual property rights during exhibitions.
    Local copyright administrations during the show's work may include: (a) accept exhibition institutions complaints relating to alleged copyright infringement complaints, handled in accordance with the relevant provisions of the copyright laws and regulations, (ii) the provisions of the copyright law in line with the 47th article of copyright infringement complaints, punishment according to the relevant provisions of the copyright law.
    The 23rd local copyright administration departments receive a complaint or request, can take the following evidence collection means: (a) read and copy documents relating to the suspected infringement records, books and other written materials, (ii) on suspicion of infringing samples of evidence, (c) to register the allegedly infringing copies.
    Sixth chapter legal liability article 24th of complaints of alleged violations of intellectual property rights, established by the local administration of intellectual property rights infringement, should be handled in conjunction with the exhibition management departments in accordance with the exhibitors.
    25th article on suspected violations invention or practical new patent of processing requests, place intellectual property Council finds infringement established of, should according to patent law 11th article first paragraph on ban promised sales behavior of provides and patent law 57th article on ordered infringement people immediately stop infringement behavior of provides made processing decided, ordered was requests people from exhibition Shang withdrawal infringement exhibits, destroyed introduced infringement exhibits of publicity material, replaced introduced infringement project of exhibition Board.
    Suspected violation of design patent rights to process the request, the requested person selling their products at the fair, where intellectual property infringement was established, shall be in accordance with the patent law of the 11th article on the prohibition of the sale of provision and 57th on the provisions of the order the infringer to stop the infringing act immediately make a decision, order a withdrawal request from the fair exhibits of tort.
    Article 26th during the exhibition of counterfeiting patent or non-patented product off as patented product, with the generic offence of patent, local intellectual property offices should be in accordance with the patent law of the 58th and 59th provides for punishment.
    27th of trademark-related cases to deal with the request, the local administration for industry and Commerce found that the infringement was established, shall be in accordance with the trademark law, the regulations for the implementation of the trademark law and other relevant provisions for punishment.
    28th article on infringement of copyright and related rights to process the request, local administration of copyrights infringement established, should be in accordance with the provisions of the copyright law of the 47th penalty, confiscate and destroy the infringing exhibits and displays exhibits of infringement of promotional material, replace the introduced projects on display panels.
    29th after investigation, complaint or claim of the project has been exhibited by the people's Court or administrative departments of the judgment establishing infringement of intellectual property judgment or decision and legal validity of the local intellectual property Administrative Department can direct the 26th, 27th, 28th and 29th decision referred to in article.
    30th claimant to request the Suppression of the requested person exhibit of infringement acts, also requested the Suppression of other infringements of intellectual property rights of the same party who, local departments for the administration of intellectual property in the area within its jurisdiction for suspected violations, in accordance with the relevant provisions of laws and regulations dealing with intellectual property rights.
    31st exhibitors infringement established, fair management in accordance with the relevant participants to notice exhibitors more than twice in a row of the infringement is established, show organizers should be prohibited for exhibitors to participate in the next event.
    Article 32nd organizers to show weak protection of intellectual property, the fair management should be given to the organizers warned, and subject to legally organize relevant exhibitions again applied for shall not be approved.
    Seventh chapter supplementary articles article 33rd exhibition cases have not been disposed of at the end, the relevant facts of the case and the evidence can be identified by the show organizers, intellectual property administrations by the exhibition will be held within 15 working days to transfer jurisdiction over intellectual property administrative departments according to law.
    34th article of the approach in the administration of intellectual property rights refers to patents, trademarks and copyright administration departments; the fair management in this way refers to the show's approval or the Registration Department.
                                    35th these measures shall come into effect on March 1, 2006.