Exhibitor
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Floorplan of Hall 3
Floorplan of Hall 1
Exhibitor List of 2013
Schedule
ERE 2015 Brochure
Official Contractor for Raw
Notes for Stand Construction
IPR Protection and Complaint
Event Venue - NAEC
Floorplan of Outdoor Space
Exhibitor Location:Exhibitor

IPR Protection and Complaint

While commercial exhibitions and trade fairs are excellent ways to connect with the Chinese market, they are also potential arenas for intellectual property rights (IPR) infringement. When planning participation in any such exhibition, IPR consideration must be an essential part of the preparation.

Recent regulations and measures issued by Chinese authorities provide a good framework enabling PRC rights holders to react to IPR infringement at exhibitions in a quicker and more effective manner.

However, to fully benefit from the existing IPR protections channels, it is important to be proactive and begin preparing well in advance. Do your homework on China IP, and consider seeking expert advice in drafting a comprehensive strategy best suited to your particular needs.

THE BASICS

The basis of any IPR protection action taken in China is the registration of your rights in the early stages of planning the entry into the Chinese market. The following basic actions provide a firm foundation for a good IP strategy:

TRADEMARKS
 Apply for registration of your trademarks in China. The process takes about two to three years.
 If you have a valid international trademark registration covering China, you must obtain a Chinese confirmation certificate, before IPR enforcement action can be taken. The process takes about three months.
It is important to note that where a trademark is first used for goods in an international exhibition sponsored or recognised by the Chinese Government, the applicant for the registration of the trademark may enjoy a six month priority right from the date of exhibition of the goods. Written claims for this priority should be made when the trademark is filed in China and evidence of such use submitted within 3 months. Failure to do so, it will negate any priority rights.

COPYRIGHTS
China is a member of the Berne Convention. Any copyright from Berne Convention countries will be automatically protected in China. Check to see if this applies to you. However, before direct IPR enforcement can be based on copyright at exhibitions, a recordal of the copyright is necessary. The process in China takes about one month.

PATENTS
Apply for registration of your patents in China. The process for registering a Design Patent takes less than one year, registration of a Utility Patent takes approximately 2 years, and an Invention Patent takes approximately 2-3 years.
 
Notice for Patent Complaints
Ⅰ. Who can raise complaints?
1. Patentees, interested parties or their attorneys
2. Licensees of license agreements according to Patent Law
3. Legitimate inheritors of patent rights
4. Participants who match any one of the above requests and have authorized certificates for the Exhibition (certificates for exhibitors or buyers)
Ⅱ. Which documents should be put in?
1. Forms of patent complaints. Essential information of infringers and reasons or evidences of infringements must be filled out
2. Patent certificates (original copies shall be available)
3. Patent publications of SIPO searched by local patent information centers (original copies shall be available)
4. ID or registration certificates of patentees (original copies shall be available)
5. Attorneys should put in powers of attorney in which their authorities are prescribed. If any foreign factor involved, powers of attorney and business registrations which have been notarized by foreign notary publics and certified by Chinese embassies or consulates are required (original copies shall be available)
6. Certificates of patents’ legal status (copies of patent certificates or searching results provided by patent information centers) (original copies shall be available)
7. Licensees should put in license agreements and their ID or registration certificates (original copies shall be available)
8. Legitimate inheritors of patent rights and relevant certifying documents (original copies shall be available)
9. Where design patents are involved, evidence must be submitted which can prove that the infringers have sold the suspect items in the fair.
10. Where patented process or product directly obtained by using the patented process is involved, proofs should be provided to show that the process used in the manufacture falls into the scope of the patent claims.
11. Where chemical ingredients are involved, an authenticating report or evidences should be submitted to prove the accurate chemical composition of the suspicious item.
12. Where judgments concerning the infringements are unavailable on spot in disputes of large-scale mechanical equipments or precision instruments,authenticating report or evidences proving the infringement must be submitted.
13. All documents above should be in duplicate
Ⅲ. Which complaints are not to be accepted?
1. When complainants have instituted litigations on courts
2. When requests for invalidation of patent rights have been raised
3. When ownership disputes are under hearings by courts or under conciliations by patent administrations
4. When patentees are restoring their ceased patents
5. 
Procedures for Settling Trademarks Disputes
Ⅰ.ACCEPTING:
1. Trademark owner who raise trademark complains should go to the Specialized Market Office of the Administration of Industry and Commerce of Guangzhou Municipality and put in all the materials.
2. If foreign trademark registrant was involved, they shall entrust any of such organizations as designated by the State to ace in his or her behalf.
3. Complains shall be accepted if the documents put in are rightful and effective.
Ⅱ.SETTLEING:
1. If there is elementary evidence to prove the infringement, the administrative authority will investigate the booths involved and decide correspondingly
2. If there is infringement, the administrative authority should punish the infringer according to the law
3. If there is no evidence to prove the infringement, the administrative authority will not settle the case.
4. The administrative authority in charge of the case shall give a decision to the trademark owner.
Documents Required
1. Master copy of application form signed by trademark owner for administration to deal with infringement;
2. Reasons and evidences, including sample or photo of infringing commodity;
3. Essential information about defendant;
4. Domestic complainant should put in business license or a copy of ID card;
5. Attorney should put in a copy of power of attorney signed by trademark owner (master copy should be available); under the circumstance of long-term commission by foreign client, master copies of power of attorney and authentication of Chinese embassy should be available; if there is any difficulty regarding the master copies, copies of power of attorney and authentication should be notarized by domestic notary;
6. Attorney should put in copies of his or her own business license, lawyer’s certificate and ID card (master copies should be available);
7. Copy of trademark certificate (master copy should be available); in foreign cases, if there is any difficulty regarding master copy, master copy of authentication by Chinese embassy should be supplied; if there is still any difficulty, a copy of authentication notarized by domestic notary should be put in;
8. For trademark which has been internationally registered and has been extended to China, a copy of international registration certificate should be put in, besides, a copy of authentication given by the Trademark Office of SAIC is required (master copies should be available);
9. Other documents required by administration.

 

 

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