As an exhibitor, what should you do to protect the intellectual property right (IPR) in your product displayed?
1. Knowledge of the rules and measures regarding IPR protection established by local governments and exhibition organizers.
Many cities in china have now enacted their local regulations for protecting IPR in exhibitions. Meanwhile, organizer of the given exhibition may also have set up measures relating to IPR matters. Exhibitors should consult with the exhibition organizer to understand the relevant rules and measures so as to design their exhibition plan accordingly.
2. Preparation of certificates and identification documents
As for the IPR disputes that may occur, exhibitors should prepare and bring with them the relevant certificates and documents, including:
(1) Valid IPR certificates and identification documents, such as certificate of patent, certificate of trademark, certificate of copyright recordation, as well as documents certifying the identity of the rights owner;
(2) If an agent has been authorized to handle IPR disputes occurring in exhibitions, normally a power of attorney will be needed;
(3) Business license or other documents showing the legal existence of the rights owner;
(4) Other relevant documents and materials.
3. Beware if the product to be demonstrated has not been patented.
Demonstration of a non-patented product in exhibitions may ruin the “novelty” of that product, which means the product may not be patented in China in the future. If you are to demonstrate in an exhibition a product that you want to patent in China later, the following points should be noted:
(1) The exhibition should be an international exhibition sponsored or recognized by the Chinese government;
(2) A detailed recordation of the product should be done with the organizer of the exhibition;
(3) Requiring the organizer of the exhibition to provide certification of the exhibition of the product;
(4) The application to patent the product should be lodged with China’s State Intellectual Property within 6 months as of the exhibition.
4. IPR signs on products
The IPR status can be declared by marking the products, packaging, brochures and other promotional materials. Such marking functions as both a marketing method and a warning against potential infringement.
5. Collecting infringing evidence
If infringement of your IPR is spotted during the exhibition, collection of the infringing evidence should be done before any further action is taken, such like taking photos (if possible), obtaining samples and brochures of the infringing product, etc. In China, voice recording of the infringer's sayings can also be used as evidence in court proceedings. If necessary, preservation of evidence should be done through a notary public.
If you are interested in further information, please contact Mr. Edouard Schmitt zur Höhe or Mr. James Wang
Email: edouard@sflaw.asia / james@sflaw.asia
Telephone: +86(0)10 6400 2173
Fax: +86(0)10 6400 2305
Disclaimer:
The above article has been provided by Schmitt zur Höhe & Ferrante for reference purpose only and should not be regarded as professional legal advice. You should not act upon this article without seeking a competent legal counsel. You should consult an attorney for individual advice regarding your own situation.