Guidelines for the Protection of IP Rights at Exhibitions of CNIPA

In order to further improve IP protection and regulate the administration of IP protection in exhibitions, the China National Intellectual Property Administration (CNIPA) published Guidelines for the Protection of IP Rights at Exhibitions on July 22, 2022.

Guidelines for the Protection of Intellectual Property Rights at CNIPA Exhibitions

Pre-, during-, and post-exhibition protection are all covered in the Guidelines’ four chapters, which also address general provisions. Articles 6, 8, and 11–15 are some of the substantial aspects, and their specifics are addressed as follows:

According to Article 6, Exhibitors must be instructed to include clauses relevant to IP protection in the Participation Contract when making commitments:

1. complying with the regulations on IP protection during the exhibition; 
2. ensuring that their exhibits, exhibit packaging, booth designs, or other exhibition items do not infringe the IP rights of other entities; and 
3. fulfilling the obligations of voluntarily disclosing certificates of their rights to use the Exhibition Items, and cooperating with the staff when checking the certificates. 

According to Article 8, the local IP authority may direct an Exhibition Organizer to establish a workstation (where qualified administrative or law enforcement officers, as well as technical and legal experts, will be invited); the workstation’s main responsibilities are:

1. Accepting complaints relating to IP rights; 
2. Mediating disputes over the infringement of IP rights during the exhibition;
3. Giving consultation on laws or regulations and policies relating to IP rights;
4. Offering opinions on complaints about suspected infringement of IP rights, and coordinating the handling of the complaints by the exhibition organizer;
5. Transferring the complaints and relevant materials received to the local IP authority, transferring the clues to suspected violations of laws to the corresponding law enforcement department; and 
6. Presenting a summary and an analysis of the information concerning the protection of intellectual property rights in the exhibition. 

According to Article 11, the workstation is also in charge of responding to on-site complaints regarding products or actions that may be infringing on intellectual property rights while being exhibited.

According to Article 12, the general complaint documents that must be sent to the workstation include the following information:

1. An application for complaint, including the basic information of the complainant and the respondent, the facts, reasons, and evidence materials of the alleged Exhibition Item suspected of infringing IP rights;
2. Valid ownership certificates of the IP rights, including patent certificate, the text of the officially announced patent, identity certificate of the patentee, certification document of trademark registration, identity certificate of the trademark holder, the announcement of geographical indication, certificate of legitimate users of the special sign of geographical indication, and other certification documents indicating the legal status of IP rights; and 
3. If an agent is entrusted to file a complaint, the power of attorney and identity certificate of the authorized agent shall also be submitted.

According to Article 13, the workstation is required to notify the Exhibition Organizer and the respondent right away after accepting a complaint.

If the respondent fails to submit written statements and evidence materials without good cause within 24 hours of receiving the notification, if the fact that the Exhibition Item being complained of constitutes an infringement has been established, Article 14 specifies the prompt measures the workstation may coordinate with the Exhibition Organizer, including removing or covering the accused Exhibition Item, deleting, shielding, and disconnecting the network link.

The following situations are listed in Article 15 as ones in which the workstation may refer the complaint to the competent authorities:

1. The complainant has filed a complaint about the suspected infringement with the IP authority or other administrative organs, or instituted a lawsuit with the People’s Court; and 
2. The ownership of the intellectual property right is in dispute. 

***Other Articles***

– You could see How To Register Trademark in China here.

– You could visit here to see Procedure of Trademark in China.

– You could visit here to check Required documents of filing trademark in China.

Contact AAA IPRIGHT: Email: [email protected]

Or sending your inquiry by filling the form: