Reed Exhibitions Greater China
The importance of intellectual property protection
Intellectual property is a valuable asset to your business。Knowing your rights when it comes to intellectual property protection will help you:
- Differentiate yourself from your competitors by offering customers practical and unique product designs and technologies;
- Establish a clear brand differentiation strategy;
- Selling or franchising innovations in the future to increase company revenues;
- Strengthen enterprise branding management。
Exhibitions and intellectual property protection in China
- When planning to participate in the exhibition, how to protect intellectual property rights should also be considered and prepared。
- The laws and regulations issued by relevant Chinese departments provide a good framework for right holders to respond to intellectual property infringement in a timely and effective manner。
- However, in order to make full use of these intellectual property protection measures, it is important to proactively cooperate with the relevant departments to make preparations in advance。Do your homework on intellectual property in China and consider hiring a professional to develop a comprehensive plan that best suits your specific situation。
Basic work
Registering your rights when you plan to enter the Chinese market is the basis for intellectual property protection in China。The following basic initiatives will provide a solid foundation for IP protection programs。
商标
- Apply to register your trademark in China。The procedure takes about one to two years。
- If a trademark has been registered internationally in a designated China, it is necessary to obtain a trademark registration certificate in China in order to protect its intellectual property rights。The procedure takes about three months。
- An important point worth noting is that where a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese Government, the applicant for registration of the trademark may enjoy priority within six months from the date of the exhibition of the goods。Where the right of priority is claimed, a written declaration shall be made at the time of filing the application for trademark registration, and evidence of the use of the trademark and other supporting documents shall be submitted within three months;Those who fail to make a written declaration or submit supporting documents within the time limit shall be deemed to have not claimed the right of priority。
copyright
China is a member state of the Berne Convention, and any copyright created in a member state of the Berne Convention is automatically acquired in China。Please verify that this condition applies to you。However, in order to take rights protection actions based on copyright at the exhibition, copyright registration should be carried out first。In China, the process takes about one month。
专利
Apply for registration of your patent in China。The application process for a design patent does not take more than 1 year。The application time for utility model patents is about 1 year, and the application time for invention patents is about 2 to 3 years。
Measures for the protection of intellectual property rights in exhibitions
The Measures for the Protection of Intellectual Property Rights at Exhibitions, which came into effect on March 1, 2006, cover exhibitions, trade fairs and all kinds of economic and technological trade exhibitions。The Measures apply to the protection of trademark rights, Copyrights and patents, and provide a framework for dealing with various types of intellectual property infringement occurring at exhibitions。
Possible penalties for infringement based on intellectual property complaints include orders to stop the infringement, confiscation and destruction of infringing exhibits and their promotional materials, and fines。Twice infringed exhibitors will be banned from the next exhibition。
Note that foreign rights holders who do not attend the exhibition can entrust local agents to file infringement complaints。
Intellectual property protection measures adopted by Reed Exhibitions Group
Reed Exhibitions is committed to providing customers with the information they need to protect their innovations, and we also provide services to protect your rights on the show floor。At Reed Exhibitions, we will take the following measures:
- Distribute a practical manual on intellectual property protection to all exhibitors so that they are aware of intellectual property protection issues and who to contact if they need to consult or make complaints about related matters。
- Display intellectual property protection posters at the exhibition site to let all exhibitors and visitors know about intellectual property protection issues。These posters clearly outline the steps to deal with intellectual property infringement disputes。The posters are printed in both Chinese and English。
Exhibitors intellectual property protection methods
- On the first day of the show, investigate any possible infringement of your company's products。
- Once an infringement is discovered, you should avoid arguing about the infringement。Instead, you should ensure that you have all the necessary documents (see below) and all evidence (such as the infringing exhibitor's product catalog, exhibit pictures, etc.) to prove infringement.
- Submit the above documents and materials to the intellectual property lawyer or firm or agency for further processing。
Materials to be prepared
If you wish to take action against infringements found at the exhibition, you should prepare the necessary materials in advance。The duration of the exhibition is usually short, such as gaps in documents and materials, it is difficult to make up on the spot or afterwards。
Here are the materials to submit when filing a complaint with an intellectual property protection authority:
1. Legal and valid proof of intellectual property rights:
- Trademark: trademark registration certificate or trademark registration certificate, and confirmed by the complainant's signature, trademark owner identity certificate (such as enterprise registration certificate);
- Copyright: valid copyright rights proof (preferably in China), copyright owner identification;
- Patent: the patent certificate, the copy of the patent announcement, the identity certificate of the patentee, and the legal status certificate of the patent shall be submitted;
2. Basic information of the parties suspected of infringement;
3. The reasons and evidence for the alleged infringement;
4. Where an entrusted agent makes a complaint, a power of attorney shall be submitted。
Note that the foreign rights holder may also be required to attach an official Chinese translation of the relevant document。Be sure to prepare it in advance。
There is also an important issue to be noted, entrusting an agent, need to submit a power of attorney certified by a notary agency。The notarial certification process can take several weeks。These circumstances should be taken into account when planning and preparing to attend exhibitions in China。
Other tips
In addition to preparing relevant measures to deal with infringement at the exhibition, the impact of intellectual property rights on the overall design of the booth should also be considered。
In particular, attention should be paid to where new designs, new products and new technologies are displayed, to what audience groups, and whether photography and videotaping are allowed。It is important to distinguish the degree of display and the object of display。Similarly, careful consideration should be given to which samples and brochures are provided to visitors。The current practice is to segregate visitors by building closed displays of new products, so that any passing, uninvited or unauthorized visitor can freely view the new products and designs。
It is also important to have appropriate personnel, including local experts, on hand to respond to any problems that arise in a timely manner。
Reed Exhibitions intellectual property consulting services
Beijing Weihe Intellectual Property Agency Co., LTD. (Schmitt & Orlov Intellectual Property has been represented by Reed Exhibitions Greater China (RX Greater China) since 2007.Organize exhibitions and provide advice on intellectual property issues。You are welcome to consult and communicate with them on intellectual property issues through the following contact information。
