ARTICLE
27 July 2022

Guidelines For The Protection Of Intellectual Property Rights In Exhibitions

TM
Toby Mak

Contributor

Dr. Toby Mak is somewhat unique as a registered Chinese patent attorney, as he was trained under the UK patent system, and has passed some of the UK patent attorney’s examination papers. He actively publishes articles on Chinese IP, and speaks on Chinese IP for various organizations around the world.
Major points, in my view, are as below: Article 8 - setting up of a workstation at the exhibition to handle IP infringement complaints, which is staffed with law enforcement personnel...
China Intellectual Property

These guidelines were published on 20 July 2022 at the link below:
https://lnkd.in/g_HUVYfJ

Major points, in my view, are as below:

Article 8 - setting up of a workstation at the exhibition to handle IP infringement complaints, which is staffed with law enforcement personnel, professional technical personnel and legal professionals, mainly by mediation. However, this workstation could also judge on whether infringement has occurred.

Article 12(2) - in force IP registration certificates (issued in China, of course) would be necessary. Wave goodbye to your non-registered IP.

Article 14 - If the respondent did not respond within 24 hours, or infringement could be confirmed by valid legal documents (previous court or administrative decisions), the exhibits would be dismantled, covered, deleted, shielded, network link taken down, etc.

These measures are not new and have been practiced in China before, which in fact were taken from the experiences in Hong Kong (I was in a similar station in the Hong Kong Exhibition Centre about 20 years ago). In any event, the publication of these guidelines by the CNIPA is a positive move.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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