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Complaint and Settlement Regulations for Being Suspected of IP Rights Infringement
2010/4/15 0:00:00 Source:Chinese Export Commodities Fair

Chapter one  General

Item 1  The regulations herein are formulated in accordance with relevant Laws, codes of administration and regulations of the People’s Republic of China to maintain good orders of the China Import & Export Fair (hereinafter referred to as Canton Fair) and to protect the legal rights and interests of the exhibitors as well as the owners of such IP rights.

Item 2 The regulations herein shall merely be applicable to Complaints concerning with being suspected of infringement of IP rights (hereinafter referred to as infringement) arising in the exhibition hall during course of the exhibition.

Item 3  Through trade organizations, Canton Fair will jointly sign with all exhibitors on the Liability Letter for Booth Usage in Canton Fair to plight all IP protection rules. All exhibitors must strictly abide by obligations of IP right protection.

Chapter Two  Management of Complaint

Item 4  The “Reception Centre of Complaints and Settlements for IP Rights and Trade Disputes” (hereinafter referred to as “Complaint Centre”) established by Canton Fair will be responsible for undertaking all complaints and settlements of IP Rights for the current exhibition.
Canton Fair will invite related government administrative department or organizations of IP rights to sit in the Center. All Complaints will be settled by the Center as per suggestions of these experts.

Item 5  Complaints and settlements for all infringement shall be carried out as per complaint procedures stipulated in Chapter Three herein.

Item 6  Exhibitors should bring with them all relevant ownership or authorization documentations for all exhibits, exhibit packages,  promotional materials and other types of exhibits which may enjoy IP rights or be authorized to enjoy the same to satisfy timely inspections of the Canton Fair.

Item 7  In case that the appellant lodges a Complaint to the Canton Fair and requests the Canton Fair to deal with the defendant as per regulations herein defined, the appellant shall accordingly agree to pay to relevant sectors of the Canton Fair all expenses incurred therefrom. The appellant should compensate the defendant for all losses may thus arise in case of an invalid complaint.

Chapter Three

Item 8  Exhibitor with a valid badge of this Fair can lodge a Complaint to the Complaint Center in case that any infringements have been detected in the exhibits, promotional materials in the booth or in any parts of the booth. Those who tend to avoid the Complaint Center and keep direct contact with the infringing party thus cause a disorder in the exhibition shall be settled pursuant to violation regulations to the Fair orders.

Item 9 The appellant shall be required to show to the staff in the Complaint Centre the ownership certificate. The appellant shall be required to fill out the Letter of Complaint upon verification of the above documents by the staff of the Complaint Center. Please refer to the appendix for format of the Letter of Complaint.

Item 10 Appellant shall be further required to demonstrate relevant follow up legal documents in case such IP right infringing shall be a repetition of previous Canton Fair and had been settled by this Complaint Centre in previous Canton Fair. The case will not be accepted unless relevant documents from the appellant have been furnished. A repeated Complaint upon the same defendant for the same infringing of IP rights will not be accepted by this Complaint Centre.

Item 11  The Complaint Centre shall nominate staff to deal with the case upon reception of the Letter of Complaint. The defendant shall cooperate with the Complaint Centre to deal with the case on behalf of the exhibitor's representative formally filed by the Canton Fair.

Item 12 The defendant shall be required to examine the alleged items with the staff of the Complaint Centre during the course of inspection. In the event that the exhibit is being suspected of infringing, the defendant should immediately proof his non-infringement by demonstrating relevant certificate of rights or other evidences to proof that he is in possession of legal rights and interests for the items alleged.

Item 13 In the event that the defendant shall be unable to effectively proof his non-infringement immediately, the accused items shall be temporarily detained or removed from the Fair by the Complaint Centre. The defendant shall be meanwhile signing on the Letter of Undertaking to commit that he shall not operate or exhibit the accused items in case of his inability of furnishing effective evidences subsequent to  being such accused. The Letter of Undertaking shall be made in duplicate and the defendant and the Complaint Centre shall hold one copy respectively. Refer to appendix for format of Letter of Undertaking.

Item 14 In the event that he disagrees with the settlements of the Complaint Centre, the defendant shall furnish supplement evidences of non-infringement to the Complaint Centre within a workday (base on time-table of Canton Fair). The temporarily detained items should be immediately returned for exhibition provided that the proofing shall be effective, or otherwise, the former settlement shall be maintained.

Item 15 All settled infringing exhibitors in this Fair shall be timely filed and copied to relevant trade organizations and chambers of commerce by the Complaint Centre subsequent to closure of this Fair

Chapter Four

Item 16  Responsibility for all infringing doings in the booth shall be borne by the exhibitor who has formally registered with the Canton Fair. Infringing doings by J.V. shall be referred to the exhibitors with names submitted to all trade organizations.

Item 17 Any Complaint involving IP rights will be settled by the Complaint Centre as per procedures stipulated herein.  Exhibitor who is unable to prove himself as “non-infringement” shall be regarded as being “suspected of infringement” and the infringing exhibits will be forbidden in the exhibition. The exhibits may be removed by the exhibitor himself or temporarily retained by the Complaint Centre.

Item 18 The Complaint Centre will computer-record all infringing exhibitors and report them to the trade organizations. Exhibitors infringing for over 3 rights in one session will be reported to the trade organizations. Exhibitors who are of patent or copyright infringing for two consecutive sessions or three times within two years or of trademark infringing in two sessions will be reported to all trade organizations. For those exhibitors who earned report for twice, the Fair will have their names disclosed or make a deduction of their exhibition booths or disqualify them for 6 future sessions.

Item 19  In case that the participants refuse to cooperate with the Complaint Centre regarding any kinds of investigation and inspection, the Complaint Centre and the security office of the Canton Fair shall be authorized to confiscate the badges of such participants and have their names disclosed to the Fair and all trade organizations or make a deduction of their exhibition booths or have their participant qualification canceled in the forthcoming sessions subsequent to an invalid persuasion of the staff of the centre.

Item 20  Upon detecting any exhibitor exhibits the same infringing exhibit in the same booth subsequent to an accomplished settlement by the Complaint Centre, the Canton Fair shall be authorized to confiscate the badges of all participants in such booth and carry out settlement as per regulations stipulated in item 18.

Item 21  Those exhibitors who re-exhibit in the Fair their exhibits, package materials, promotional materials which have been proven of infringement with valid judicatory judgment or who have been disqualified for participant in the Fair but being re-suspected of infringement upon re-enter to the Fair shall be permanently disqualified for the Canton Fair and their names shall be disclosed to the Canton Fair.

Item 22  In the event that more than 10 exhibitors are suspected of infringement of the same IP right ( i.e. broad infringement ) at the same session of Canton Fair, those exhibitors shall be reported to the whole Fair and be filed with all trade organizations and chambers of Commerce.

Chapter 5 Interpretation of Terminologies

Item 23 Intellectual Property Rights, the Rights shall include the following:
1. Copyright and Related Rights
2. Trademarks
3. Patents

Item 24 Exhibitor- the herein defined exhibitor who to be responsible for infringing IP rights shall be the one who has been formally recorded by Canton Fair (i.e. the company shown on the fascia). If the direct infringing party is the exhibitor/ subsidiary/ J.V./ supplier/ cooperative organization, the settlements stipulated herein Chapter 4 shall be applicable to both the exhibitor as well as the relevant parties.

Item 25 Joint-Ventures—means the suppliers and cooperative organizations to the participants of the Fair.

Item 26  Proofing documents—— writ of ownership of IP rights including testify documents required by the Laws and Regulations of the People’s Republic of China and documents required by the Complaint Centre from the appellant or the defendant as per real situation.

Chapter Six  Appendix

Item 27  The Complaint Center will establish an archive system to record all complaint data in the Canton Fair and have them reported to relevant government sectors timely.

Item 28  The China Foreign Trade Center is authorized to interpret the regulations herein defined.

Item 29  The regulations herein defined shall take effect on the date of issuance. These regulations shall be prevailing in case there shall be any conflicts between these regulations and any other previous regulations established by the Canton Fair.

 

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