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Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 Georgia Chiu Associate Lovells, Shanghai Office

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Preparing for a Trade Fair: Do's and Don'ts

4 March 2010

Georgia ChiuAssociate Lovells, Shanghai Office

- What can I do if I know or discover exhibitors are showing products that infringe my IPR?

- How can I stop manufacturers at trade fair from offering for sale

Frequently Asked Questions

trade fair from offering for sale infringing goods?

- Will exhibiting my products at a trade fair increase my risk to counterfeiters or IPR copying?

Do lay the IPR foundation

• Establish your IPR rights

– Register/File your IPR in China

• Patents • Designs • Trademarks• Copyrights

Patents

Designs

Designs

Designs

Trademarks

- Get to know the limit of the power of the IP Office that is set out by the organizer

- Identify your goals

Do prepare to protect IPR before coming to the Trade Fair (1)

- Identify your goals

- Forming an action plan that is compatible with your overall IP protection strategy in China

Identify Infringers- Obtain a list of exhibitors and identify likely

infringers - If time permits, do some investigating before the

Trade Fair- Send a warning letter if appropriate

Being ready to enforce IPR at the Trade Fair - Familiarize yourself with IPR protection measures

Do prepare to protect IPR before coming to the Trade Fair (2)

- Familiarize yourself with IPR protection measures offered by the trade fair organizer

- Prepare an IPR kit (IPR ownership documents) so you may take action quickly

- Communicate with the administrative authorities

Prepare for the Trade Fair- Signs stating the IPR is registered- Decide if it is necessary to have an enclosed booth- Consider showing prototypes or draft designs rather

than the final product- Train trade fair booth operators to keep records of

who is inspecting your product.

• Measures for IPR Protection at Trade Fairs- effective as of 1 March 2006

• Available Municipal Trade Fair Regulations:– Beijing: Measures for IPR Protection at Trade Fairs of

Beijing

Do know measures and regulations

pertaining to IPR for Trade Fairs

Beijing– Guangzhou (includes Canton): Guidelines to the

Protection of IPR at Trade Fairs of Guangdong

• Measures or regulations provided by the trade fair organizer for IPR protection:– Measures Relating to the Complaint and Handling of

IPR Infringement Issues for Canton Fair

Required Documents (your IPR kit):

1) Description of the suspected infringer (company n ame and booth number, etc.)

2) Grounds and evidence of infringement

3) IPR ownership documents

The necessary documents

- Patent: patent certificate; granted version of the patent; document evidencing the legal status of the patent (or receipt of payment of annuity fees)

- Trademark: trademark certificate of registration - Copyright: registration certificate and identity do cument

of copyright owner

4) Document of Identification of the right owner (no tarized and legalized)

5) Power of Attorney (notarized and legalized)

The Complaint Office

- Registrations v. pending applications

- The offering for sale of an infringing product is a n infringing act

Some final issues to be aware of

act

Department Telephone Address Website

Guangzhou IPO 020-8105 0746 12 F, No. 892 Tianhe North Road http://www.gzipo.gov.cn/

Guangzhou

Contact details for IP governmental agencies

Guangzhou IPO 020-8105 0746 12 F, No. 892 Tianhe North Road

Guangzhou

PC:510630

http://www.gzipo.gov.cn/

Guangzhou AIC 020-3892 0599 No. 12, Tianhe Road

PC:510620

Email:[email protected]

http://www.gzaic.gov.cn/tc

ck/index.htm

Guangzhou

Copyright Bureau

020-3760 0493 No. 11, Shuiyin Road, Huanshi East Road,

Guangzhou

PC:510075

http://www.xwcbj.gd.gov.c

n/news/index.html

Thank You

Georgia ChiuAssociate

Lovells [email protected]

Tel: +86 21 6138 1688