Eight Points Of Exhibition Knowledge

Question 1: do all exhibitions have intellectual property complaints agencies?

No. According to the regulations on the protection of intellectual property rights in exhibitions, only the exhibition period is more than 3 days (including 3 days), and the exhibition management department considers it necessary to set up a complaint agency for intellectual property rights of exhibitions.

Question two: is it necessary to lodge a complaint with the intellectual property complaints agency of the exhibition? Without Complaint What about institutions?

It is not necessary to complain to the intellectual property complaints agency of the exhibition, and the right holder can make a choice. According to the eighth provision of the "intellectual property protection measures for exhibitions", intellectual property rights holders may complain to the intellectual property complaints agency of the exhibition or directly complain to the intellectual property administration department. Intellectual property administrative departments include trademarks, patents and copyright administrative departments.

Question three: if the right person is abroad, how can he make a complaint?

If the obligee is abroad, he may entrust the domestic Principal to make a complaint, but be punished. Client The corresponding power of attorney and relevant ownership certificate must be provided according to law.

Question four: how should we deal with the loss of the exhibitors if there is a false complaint?

The tenth provision of the "intellectual property protection measures for exhibitions" stipulates that the complainant shall submit the false complaint materials or other complaints to the complainant because of the false complaint, and shall bear corresponding legal liabilities.

Question five: how to obtain evidence of alleged infringement?

The "intellectual property protection measures for exhibitions" clearly stipulates that intellectual property administration departments conduct investigation and evidence collection at the exhibition site. Right 。 For example, the eighteenth provision provides that local intellectual property administrative departments can conduct spot investigation and sample collection.

Question six: how should the intellectual property complaints agency and local intellectual property administration departments coordinate their complaints?

The intellectual property complaints agency of the exhibition shall transfer the relevant complaint materials to the intellectual property administrative department within 24 hours after receiving the relevant complaint materials. Where the local intellectual property administrative department accepts complaints or handles requests, it shall notify the organizer of the exhibition and notify the complainant or the claimant in time.

Question seven: how to deal with the unfinished cases after the exhibition?

At the end of the exhibition, the relevant facts and evidence of the case can be confirmed by the sponsor of the exhibition after the case has not been completed. The intellectual property administrative department of the exhibition venue shall transfer the intellectual property administrative department with jurisdiction within 15 working days to deal with it in accordance with the law.

Question eight: what penalties will be infringed on intellectual property rights during the exhibition?

For violation of intellectual property rights during the exhibition, we should first punish according to the specific laws, regulations and rules of the relevant intellectual property rights. In addition, the exhibition management department can make a public announcement to the exhibitors who have infringed. For more than two consecutive violations, they should be prohibited from participating in the next exhibition. The exhibition management department shall warn the organizers of the exhibition if they fail to protect their intellectual property rights, and shall not approve the application of the relevant exhibitions according to the circumstances.