World Intellectual Property - IP Laws - China

 

China:

Protecting IP rights at exhibitions:

In order to promote the healthy development of the exhibition industry, the Measures on Protection of IPR at Exhibitions were promulgated by the concerned Departments of Chinese Government which came into effect on March 1, 2006.  The Measures  provide that a complaint unit may be set up by the organizers of the exhibitions if they are held for three days or more for handling cases of suspected IP infringement taking place during exhibitions.  The complaint unit would consist of officials from the local IP authorities.

Any complaint must be supported with proof of the IP rights, evidence of infringement, basic information about the infringer and a power of attorney.  Complaints received by the respective complaint units must be passed to the local IP authorities within 24 hours in order to issue decisions to the parties promptly.  In the event that there is no complaint unit, the exhibition organizer is required to display prominently the contact details of the local IP authorities.

Once the local IP authorities confirm that infringement took place, they may either order the removal of the infringing items along with the destruction of promotional materials or the change of exhibition boards, without prejudice to other laws such as payment of fines, etc.   Those exhibition organizers  that fail to protect IP adequately will either receive a warning or refusal to hold the exhibitions subsequently from the exhibition authorities.

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