Rules for Intellectual Property Protection of China-Northeast Asia Expo
Chapter I: General Rules
Article 1 In order to maintain the order of the exhibition of the China-Northeast Asia Expo and strengthen the protection of intellectual property rights, the exhibitors are urged to respect the intellectual property rights of others, to deal with intellectual property disputes arising in the exhibition in a timely manner, and to protect the legitimate rights and interests of the exhibitors. These Rules are formulated in accordance with existing relevant laws and regulations.
Article 2 These Rules are formulated by the Secretariat of the China-Northeast Asia Expo and are applicable to all exhibitors participating in the China-Northeast Asia Exposition.
Article 3 Exhibitors shall have the right to claim the protection of their legitimate rights and to fulfill relevant obligations and responsibilities in accordance with relevant laws and the provisions of these Rules.
Chapter II: Obligations and Responsibilities of Exhibitors
Article 4 Exhibitors shall participate in the exhibition legally. Their exhibits and their packaging, booths or publicity materials shall not infringe on the legitimate intellectual property rights of others in all aspects, including but not limited to patent rights, trademarks, copyrights, name rights, packaging and decoration, trade secrets, etc.
Article 5 Exhibitors are obliged to make commitments to the organizers to ensure that their exhibits and exhibition activities do not infringe on the intellectual property rights of any third party; they are obliged to sign contract terms with the organizers on intellectual property protection, fulfill their intellectual property protection obligations and cooperate with the organizers in resolving disputes.
Article 6 Where an exhibition item should have a certificate of relevant rights according to law, the exhibitor shall bring relevant certificates of rights to participate in the exhibition. Where an exhibition item is marked with intellectual property labels or labels, it shall be marked in accordance with relevant provisions.
Article 7 Exhibitors shall cooperate with the organizers in pre-exhibition examination of the intellectual property status of the exhibited items, including exhibits and their packaging, exhibition boards, exhibition stands and related publicity materials.
Article 8 During the exhibition period, all exhibitors, whether complaining to others or being accused of infringement, shall abide by these Rules, and shall proceed according to the procedures for handling complaints therein, cooperate with the investigation and treatment of the organizers, and accept the processing results.
Article 9 The organizer has the right to take photographs and videos of articles suspected of infringement or disputes as necessary, and may require the exhibitors to sign a non-infringement commitment.
Article 10 If the exhibitor or other complainer lodges a complaint with the organizer in accordance with these Rules and requests the organizer to take action against other exhibitors, the complainer must agree to exempt the organizer, its contractor or other agent from all responsibilities. If found to be a tort, the respondent shall indemnify all of the above parties for any liability, loss, cost, expenses and compensation incurred as a result of actions taken by the complaint or the complaint concerned. The complainant agrees that no legal action or claim will be taken against the organizer, its contractors or other agents in respect of the complaint and the alleged infringement.
Chapter III: Responsibilities of the Organizer
Article 11 The organizer is obliged to provide publicity and consultation related to the law of intellectual property protection of the exhibition to the exhibitors.
Article 12 The Organizer shall establish an intellectual property complaint organization for the exhibition in accordance with the relevant provisions of the state, and publish to the exhibitors the service matters, complaint procedures, complaint location and contact information of the complaint organization.
Article 13 Complaint bodies may be composed of organizers, legal professionals or professional and technical personnel in relevant fields. If necessary, the organizer may invite the intellectual property administrative department to send people to attend.
Article 14 Anyone who considers that an exhibitor is suspected of infringing his intellectual property rights has the right to report to the organizer and request that it be dealt with. The organizer shall investigate and handle the matter in accordance with the procedures prescribed in these Rules.
Article 15 The organizer shall properly keep the complaint information and, according to the requirements of the exhibitors, issue relevant factual proof of the relevant situation involved in the complaint, including photographs and written proof.
Chapter IV: Complaints
Article 16 Where an intellectual property right holder or an interested party considers that the exhibition project infringes upon its intellectual property rights, he or she may, in accordance with relevant provisions, complain to the organizer or the complaint body established by the organizer. The sponsor or complaint organization shall promptly appoint staff members to investigate and deal with complaints.
Article 17 Where an intellectual property right holder or an interested party complains to the organizer or a complaint body established by the organizer, the following materials shall be provided:
(1) The basic information of the complaint and the respondent, including the name, domicile, name and booth number of the complaint. Where a complainer entrusts an agent to make a complaint, a power of attorney shall be submitted.
(2) Names of exhibition items suspected of infringement, evidence of suspected infringement and necessary instructions.
(3) Proof of intellectual property rights, including proof of ownership of intellectual property rights, proof of content of intellectual property rights and other necessary proof of legal status of intellectual property rights.
Article 18 After being informed of the suspected infringement of the exhibition project, the respondent shall promptly present his right certificate or other evidence to prove that he has the lawful right to the contents of the complaint, provide proof of non-infringement, and assist the staff of the complaint organization established by the organizer or the organizer to inspect the suspected infringement items. Where the respondent is unable to provide effective evidence, the goods suspected of infringement shall be withdrawn by himself in accordance with the contract agreement with the sponsor; if the respondent does not withdraw by himself or herself, the complaint organ established by the sponsor or the sponsor may make a decision to withdraw.
Article 19 Where losses are caused to the respondent due to the malicious complaint of the complaint, the complaint shall bear corresponding liabilities for compensation according to law.
Article 20 Where intellectual property disputes occur during the exhibition, the complaint organ established by the organizer or the organizer shall conduct mediation on the basis of the voluntary participation of all parties concerned, in accordance with prior agreement. If an agreement is reached through mediation, the parties concerned shall implement it; if no agreement is reached, the intellectual property rights holder or interested party may complain to the intellectual property administrative department or directly bring a suit to the people's court.
Chapter V: Punishment
Article 21 The organizer shall have the right to deal with exhibitors who have the following acts:
(1) Refusing to cooperate with the sponsors in inspecting, investigating and collecting evidence after being complained;
(2) If the complaint and the respondent directly negotiate with each other and disturb the order of the exhibition;
(3) Exhibits or acts suspected of infringement, failing to provide evidence of non-infringement, refusing to cover up, recover exhibits or articles suspected of infringement, or refusing to correct them;
(4) The facts of the infringement of the goods or acts complained against have been confirmed by the legal documents in force;
(5) Other acts of infringing intellectual property rights or disturbing the order of exhibitions;
Article 22 If the exhibitor has acts mentioned in Article 21, the organizer has the right to decide to take the following measures:
(1) Requiring the respondent to take measures such as withdrawal and cover-up;
(2) Cancellation of the exhibitor's eligibility to participate in the exhibition and no refund of the fees already collected;
(3) Complained exhibitors are forbidden to continue to participate in future exhibitions of the sponsors.
Article 23 The organizer has the right to urge the exhibitors to take the initiative to take measures such as withdrawal and cover-up. If the exhibitors refuse to implement the measures, the organizer has the right to assign staff members to directly implement the measures. The losses caused by the measures shall be borne by the exhibitors.
Article 24 These Rules shall come into force as of September 1, 2012.