As the exhibition planner and spend a lot of brain cells, brooding, Chafanbusi, head is full of all kinds of new ideas and creative, but do not have a clear mind. Finally from all kinds of tangled pulls out, forming a belongs to own program, however, was announced, many imitators and plagiarism, which is how to make a person depressed and helpless.
Exhibition planners should be how to protect their own original property rights, China has what laws and regulations can guarantee exhibition planners rights. Based on this today, Pablo Picasso for everyone finishing the < exhibition intellectual property law >, as follows:
Measures for the protection of intellectual property rights in the exhibition
Chapter I General Provisions
Article 1 to strengthen during the exhibition of intellectual property protection, maintain the order of the exhibition industry, to promote the healthy development of the Convention and exhibition industry, according to the < of the people's Republic of China Foreign Trade Law >, < the people's Republic of China Patent Law >, < the people's Republic of China Trademark Law > and < the people's Republic with as > copyright law and related administrative regulations and formulation of this approach.
Second these Measures shall apply to all kinds of economic and trade fairs, exhibitions, fairs, fairs, fairs, fairs, exhibitions and other activities held in the territory of the people's Republic of China, such as patent, trademark and copyright protection.
Third exhibition management departments should strengthen the protection of intellectual property rights during the exhibition coordination, supervision, inspection and maintenance of the fair trade order.
Review of the exhibition sponsor shall, in accordance with the law, safeguard the legitimate rights and interests of the holder of the intellectual property right. Exhibition organizers in investment in the breeze, should strengthen for participants relevant to intellectual property rights protection and to participating in the project (including exhibits, panels and relevant publicity materials, etc.) of intellectual property like condition. During the exhibition, exhibition organizers shall actively cooperate with the work of intellectual property protection of the intellectual property administrative departments.
The exhibition organizers can strengthen the protection of intellectual property rights by participating in the form of the protection of intellectual property rights and the form of the contract.
The fifth participating parties shall participate in the exhibition, and shall not infringe upon the intellectual property rights of others, and deal with the investigation of the intellectual property administrative department or the judicial department.
The second chapter complaints handling
Article 6 the show time in more than three days (including three days), the fair management thought necessary, the exhibition organizers should during the exhibition set up intellectual property rights complaint institutions. Set up complaint institutions, the exhibition organized by the administrative IPRs department shall send personnel to the presence, in accordance with the law and the case of infringement.
Not set up complaint institutions, the exhibition organized by the administrative IPRs department shall strengthen the guidance on the exhibition of intellectual property protection, supervision and related cases, the show organizers shall be the administrative IPRs department exhibition held in contact and contact in a prominent position in the exhibition venues to be publicized.
Seventh exhibition of intellectual property complaints institutions should be the organizers of the exhibition, the exhibition management department, patents, trademarks, copyrights and other intellectual property rights of the administrative department of personnel composition, and its responsibilities include:
(a) of the complaints received by the intellectual property rights holder, the suspension of the alleged infringement of intellectual property rights exhibits during the exhibition;
(two) transfer of relevant complaints to the relevant intellectual property administrative departments;
(three) coordinate and supervise the handling of complaints;
(four) statistics and Analysis on the protection of intellectual property rights;
(five) other related matters.
Article eighth the intellectual property right holder may complain to the Intellectual Property Office of the exhibition and the administrative department of the intellectual property right may complain to the administrative department of the intellectual property rights:
A legitimate and effective ownership of intellectual property that relates to a patent shall submit the certificate of patent, patent text of the announcement, the patentee's proof of identity and the legal status of the patent that; related to trademark, shall be submitted to the trademark registration certificate, and confirmed by the complainant signature and the identity of the trademark rights to prove; involving copyright shall submit copyright proof, proof of identity of the copyright owner;
(two) the basic information of the parties involved in the alleged infringement;
(three) the reason and evidence of alleged infringement;
(four) the power of attorney shall be submitted to the principal agent for a complaint.
Article 9 does not conform to the provisions of Article 8 of the present measures, IPRs complaints office shall promptly notify the complaint or request people to supplement the relevant materials. Fails to supplement, not acceptable.
Tenth the complainant shall bear the corresponding legal liability for the loss caused by false complaint materials or other complaints which have not been brought to the complainant.
Eleventh exhibition intellectual property complaints in accordance with the provisions of these measures eighth, the complaint materials should be handed over to the administrative departments of intellectual property rights within 24 hours.
Article 12 the local administrative IPRs department accepting the complaint or request handling shall inform the sponsor of the exhibition, and promptly notify the respondent or the person who made the request.
Article 13 in dealing with violations of intellectual property rights complaint or claim procedures, the local administrative IPRs department can exhibition extension specified complaint or request reply period according to the.
Article 14 the respondent or by claimant submitting the written pleadings unless it is necessary for further investigation, the local administrative IPRs department shall make a timely decision and delivered to the parties concerned.
If the respondent or the respondent fails to submit a written reply within the time limit, it shall not affect the decision of the administrative department of the local intellectual property rights.
Article 15 the exhibition after the end of, the relevant administrative IPRs department shall timely the handling results to notify the exhibition organizers. Exhibition organizers shall do a good job in the exhibition of intellectual property protection of statistical analysis and relevant situations and times the fair management.
Patent protection during the exhibition period in the third chapter
Article 16 of IPRs complaints mechanism requires the assistance of the local intellectual property bureau, the local intellectual property bureaus shall cooperate actively, participate in the exhibition of intellectual property protection. Local intellectual property bureaus during the exhibition of work may include:
(a) the relevant provisions of the patent laws and regulations concerning the transfer of the complaints of the exhibition to the complaints concerning the alleged infringement of the patent right;
(two) handling the request for a patent infringement dispute in connection with the alleged infringement of the patent right on display in accordance with the provisions of article fifty-seventh of the patent law;
(III) accepted projects exhibited report suspected of counterfeiting patents and patent imitation, or ex officio investigation exhibited project counterfeiting patent and patent imitation behavior, be punished in accordance with the provisions of the Patent Law Article 58, Article 59.
Article seventeenth under any of the following circumstances, the local intellectual property office of the infringement of the patent right to file a complaint or handling the request will not be accepted:
(a) the complainant or claimant has filed a patent infringement lawsuit to the people's court;
(two) the patent right is in the process of the request for invalidation;
(three) the dispute over the ownership of the patent right is in the mediation process of the people's court or the administrative department for patent work;
(four) the patent right has been terminated and the patent right person is in the process of recovering the right.
Article 18 the local intellectual property bureaus in the notification by the complainant or requested by the people can immediately investigation and evidence collection, access, copy the relevant documents related to the case, inquire of the parties concerned, the photographs, video etc. site inspection, can also sample the forensics.
The local intellectual property bureaus collect evidence shall make a written record, by contractor personnel, investigation and evidence collection of the parties signed and sealed. Investigation forensic party refuses to sign and seal, it shall indicate the reasons on the record, there are other people in the field, but also at the same time by others signed.
Trademark protection during the exhibition period in the fourth chapter
Article 19 the IPRs complaints mechanism requires the assistance of the local administrative department for Industry and Commerce and the local administrative department for Industry and Commerce shall actively cooperate with, to participate in the exhibition of intellectual property protection. During the exhibition in the local administrative department for Industry and Commerce may include:
(a) the relevant provisions of the trademark laws and regulations concerning the transfer of the transfer of the exhibition complaints to the alleged infringement of trademark rights;
(two) the admissibility of the trademark law in accordance with the provisions of article fifty-second of the infringement of the right to exclusive use of the trademark;
(three) to investigate and deal with trademark violations in accordance with the terms of reference.
Article twentieth in any of the following circumstances, the administrative department for Industry and Commerce shall not accept the complaint or handling of the infringement of the exclusive right to use the trademark:
(a) the complainant or claimant has filed a trademark infringement lawsuit to the people's court;
(two) the trademark right has been invalid or revoked.
Twenty-first local industry and commerce administrative departments decided to accept, according to the trademark laws and regulations and other relevant provisions of the investigation and treatment.
Copyright protection during the exhibition period in the fifth chapter
Article 22 the IPRs complaints institutions need to assist the local copyright administrative departments of, the local copyright administrative departments shall actively to the IPRs protection work,. During the exhibition in the local copyright administrative departments may include:
(a) the relevant provisions of the copyright laws and regulations to deal with the complaints of the transfer of the complaints of the exhibition to the alleged infringement of copyright;
(two) the admissibility of the copyright law in accordance with the provisions of the copyright infringement complaints, according to the copyright law of the relevant provisions of the punishment.
Twenty-third local copyright administrative departments in accepting complaints or requests, you can take the following means to collect evidence:
(a) access, copy and file related to the alleged infringement, books and other written materials;
(two) sampling of suspected infringing copies of evidence;
(three) the alleged infringing copies of the registration and preservation.
The sixth chapter legal liability
Article twenty-fourth of the alleged infringement of intellectual property rights of complaints, the local intellectual property administrative departments found that the infringement was established, should be in accordance with the exhibition management department to deal with the participating parties.
Article 25 for alleged infringement of the patent right for invention or utility model requests are processed, the local intellectual property Bureau identified infringement was established, should be in accordance with the Patent Law Article 11 first on the prohibition of the provisions promised sales and Patent Law Article 57 about to order the infringer to immediately stop the provisions of tort in making treatment decisions, ordered by the person making the request the withdrawal of tort exhibits from exhibition, destroyed the exhibited items of infringement of promotional materials, replacement introduced the panels of the infringement projects.
Suspected of infringing the patent right for design request, the requested people to sell its exhibits in the exhibition, the local intellectual property Bureau identified infringement was established, shall, in accordance with the patent law the article 11 in the second paragraph on the prohibition of sale of behavior regulations and Article 57 on the order the infringer to immediately stop the provisions of tort in making treatment decisions, ordered by the person making the request withdrawal of tort exhibits from exhibition.
Article 26 during the exhibition counterfeiting the patent of others or to non patented product off as patented product, to the unpatented process off as patented process, the local intellectual property bureaus shall according to the provisions of the Patent Law Article 58, Article 59 punishment.
Article twenty-seventh for the handling of trademark cases, the local administrative department for Industry and Commerce finds that the infringement was established, shall be punished according to the relevant provisions of the Trademark Law >, the implementation of the trademark law.
The twenty-eighth article on the infringement of copyright