Filing Intellectual Property Complaints at Exhibitions, CNIPA China Setup Process

On July 22, 2022, China National Intellectual Property Administration (CNIPA) released the Guidelines for Protecting Intellectual Property at Exhibitions (展会知识产权保护指引). The guidelines allow setting up a workstation in an exhibition to accept IP infringement complaints, provide notices of judgment on this subject, transfer evidence to law enforcement departments, etc. If a Respondent does not respond to a complaint within 24 hours of receipt, the infringement complaint has been confirmed by valid legal documents, or the Respondent admits infringement, the Exhibition Organizer may take action, including removing exhibitor display.

According to article 2these guidelines apply to trade shows, shows, etc. online and in person organized in the People’s Republic of China.

In accordance with article 7,

the intellectual property management department of the venue where the exhibition is held may, at the request of the exhibition organizer, guide the exhibition organizer to verify the intellectual property status of the participating projects.

In accordance with article 8,

the intellectual property management department of the venue where the exhibition is held can, together with the relevant departments, guide the organizer of the exhibition to set up workstations in accordance with the applicable national regulations and the actual needs , and coordinate relevant personnel, law enforcement personnel, professional technical personnel and legal professionals to access the exhibition as requested by the exhibition organizer. workplace. The workstation mainly performs the following tasks:

(1) Accept claims related to intellectual property rights;

(2) Mediation of intellectual property infringement disputes during the exhibition;

(3) Providing consultation on laws, regulations and policies relating to intellectual property rights;

(4) Provide notices of judgment on complaints of alleged intellectual property infringement and coordinate with Expo organizers to address them;

(5) Transfer complaints and relevant documents to the intellectual property management department of the venue where the exhibition is held and transfer suspected illegal indicia to law enforcement departments;

(6) Summarize and analyze the intellectual property protection information of the exhibition;

(7) Other Relevant Matters.

In accordance with article 12,

If a complaint is filed with the workstation, the complaint documents should generally include:

(1) A complaint request, including the basic information of the complainant and the respondent, facts, reasons and relevant evidence of the alleged infringement of intellectual property rights by the exhibitor;

(2) Valid intellectual property certificate, including patent certificate, patent authorization announcement text, patent owner identity certificate, trademark registration certificate, trademark owner identity certificate , geographical indication announcement, certificate of legal user of a special geographical indication sign and other Intellectual property proof legal status of ownership, etc.;

(3) If an agent is appointed to lodge a complaint, the power of attorney and the identity certificate of the agent must also be presented. The power of attorney must be signed or sealed by the principal and record the matters and powers entrusted;

(4) Other necessary certification documents.

Workstations can provide links to uniform forms or web pages as needed for the job.

In accordance with article 14,

Where the defendant fails to submit a written statement of opinions and evidence without any justifiable reason within 24 hours of receipt of the notice of complaint, or the fact that the reported exhibit article infringement by the Defendant has been confirmed by an effective court order document, or if the Defendant has admitted the violation, the Post Office shall coordinate with the Exhibit Sponsor to take timely action, including, but not limited to, canceling, hiding, deleting, filtering and disconnecting network links, etc.

The full text of the guidelines is available here (in Chinese only).

© 2022 Schwegman, Lundberg & Woessner, PA All rights reserved.National Law Review, Volume XII, Number 204

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