Patent Protection During Exhibitions Wu Ningyan State Intellectual Property Office Date: Sept. 9, 2006

Patent Protection During Exhibitions China's Current Approaches and Characteristics of Patent Protection during Exhibitions 1.Self-discipline of exhibition sponsors (self-protection) 2.Administrative law enforcement on patent (administrative protection) 3.Effective linking of the two approaches (Measures for the Protection of Intellectual Property Rights during Exhibitions)

Patent Protection During Exhibitions  Contents  Procedures  Characteristics China's Current Approaches and Characteristics of Patent Protection during Exhibitions 1.Self-discipline of exhibition sponsors (self-protection)

Patent Protection During Exhibitions  Contents: The sponsor may, by executing IPR protection clauses or contracts with the exhibiting parties, draft IPR protection rules for the exhibition, and thereupon carry out patent protection activities. (See Paragraph 2 of Article 4 of Measures for the Protection of Intellectual Property Rights during Exhibitions) China's Current Approaches and Characteristics of Patent Protection during Exhibitions 1.Self-discipline of exhibition sponsors (self-protection)

Patent Protection During Exhibitions China's Current Approaches and Characteristics of Patent Protection during Exhibitions 1.Self-discipline of exhibition sponsors (self-protection)  Procedures: Filing Complaint  Examination  Acceptance  Handling  Placing on File (Take the Chinese Export Commodities Fair for example)

Patent Protection During Exhibitions  Characteristics: Non-mandatory (sponsor), lack of fairness (accused party), short-term results (complaining party) Simple, fast and economical China's Current Approaches and Characteristics of Patent Protection during Exhibitions 1.Self-discipline of exhibition sponsors (self-protection)

Patent Protection During Exhibitions  Contents  Procedures  Characteristics China's Current Approaches and Characteristics of Patent Protection during Exhibitions 2. Administrative law enforcement on patent (administrative protection)

Patent Protection During Exhibitions  Contents: Paragraph 2 of Article 16 of Measures for the Protection of Intellectual Property Rights during Exhibitions A local IPR bureau may accept a claim of treatment for any dispute over suspected infringement on patent relating to any exhibited item and handle it according to the provisions of Article 57 of the Patent Law. China's Current Approaches and Characteristics of Patent Protection during Exhibitions 2. Administrative law enforcement on patent (administrative protection)

Patent Protection During Exhibitions  Contents: Cases not accepted (Article 17 of Measures for the Protection of Intellectual Property Rights during Exhibitions) China's Current Approaches and Characteristics of Patent Protection during Exhibitions 1. Where a complainant or claimant has filed a litigation concerning infringement on patent with the people’s court; 2. Where any patent is in the procedures for declaring invalidation of patent right; 3. Where any dispute over the ownership of a patent is subject to the trial procedures of the people’s court or to the mediation procedures of the administrative department of patent; 4. Where any patent has been terminated and its owner is attempting to resume the patent. 2. Administrative law enforcement on patent (administrative protection)

Patent Protection During Exhibitions  Contents: Paragraph 3 of Article 16 of Measures for the Protection of Intellectual Property Rights during Exhibitions A local IPR office may accept tip-offs on any suspected imitation of other’s patent or imitated patent relating to any exhibited item, or investigate into and punish any suspected imitation of other’s patent or imitated patent relating to any exhibited item and give a punishment according to the relevant provisions of Articles 58 and 59 of the Patent Law. China's Current Approaches and Characteristics of Patent Protection during Exhibitions 2. Administrative law enforcement on patent (administrative protection)

Patent Protection During Exhibitions  Procedures: Flowchart of patent dispute handling by the local IPR office Submission of Request Document Exami- nation Non-Acceptance Accept- ance Case-Filing & Delivery Pleading Investigation & Evidence Collection Handling China's Current Approaches and Characteristics of Patent Protection during Exhibitions Trial Notify requestor and explain reasons for non-acceptance. 2. Administrative law enforcement on patent (administrative protection)

Patent Protection During Exhibitions Acceptance Draft Case- Filing Report Canceling Case Initiating Investigation Verification Pre-Penalty Notice Hearing Imposing Penalty Identify acts of passing off the patent of another person as one's own or passing an unpatented product off as patented product Accept complaints of identified acts of passing off the patent of another person as one's own or passing an unpatented product off as patented product Argument & Defending by the Party Concerned Second Argument & Defending by the Party Concerned China's Current Approaches and Characteristics of Patent Protection during Exhibitions  Procedures: Flowchart of work procedures of the local IPR office for investigation and handling of acts of passing off the patent of another person as one's own or passing an unpatented product off as patented product 2. Administrative law enforcement on patent (administrative protection)

Patent Protection During Exhibitions  Characteristics:Mandatory, fair, curb infringement Procedures complicated and time-consuming China's Current Approaches and Characteristics of Patent Protection during Exhibitions 2. Administrative law enforcement on patent (administrative protection)

Patent Protection During Exhibitions  Contents  Characteristics China's Current Approaches and Characteristics of Patent Protection during Exhibitions 3. Effective linking of the two approaches (Measures for the Protection of Intellectual Property Rights during Exhibitions)

Patent Protection During Exhibitions  Contents: Paragraph 1 of Article 16 of Measures for the Protection of Intellectual Property Rights during Exhibitions A local IPR office may accept a complaint of suspected infringement on IPRs as transferred by the office in charge of IPRs complaints in the exhibition and handle it according to the relevant provisions of laws and regulations on patent. China's Current Approaches and Characteristics of Patent Protection during Exhibitions 3. Effective linking of the two approaches (Measures for the Protection of Intellectual Property Rights during Exhibitions)

Patent Protection During Exhibitions  Contents: Article 8 of Measures for the Protection of Intellectual Property Rights during Exhibitions An IPRs holder may file a complaint with the office in charge of IPRs complaints during an exhibition or with the administrative IPRs department. Article 11 of Measures for the Protection of Intellectual Property Rights during Exhibitions An office in charge of IPRs complaints during an exhibition shall, within 24 hours after receiving any complaint material as prescribed in Article 8 of the present Measures, transfer it to the relevant administrative IPRs department. China's Current Approaches and Characteristics of Patent Protection during Exhibitions 3. Effective linking of the two approaches (Measures for the Protection of Intellectual Property Rights during Exhibitions)

Patent Protection During Exhibitions  Characteristics:Easy to obtain evidence Solidified evidence Through handling of exhibitions, increase efficiency in administrative protection of exhibition patent; By legal means, strengthen patent protection during exhibitions. China's Current Approaches and Characteristics of Patent Protection during Exhibitions 3. Effective linking of the two approaches (Measures for the Protection of Intellectual Property Rights during Exhibitions)

Patent Protection During Exhibitions