Question 1
Are complaint-handling institutions for intellectual property set up at all exhibitions?

No. Pursuant to the stipulations of “The Measures on the Protection of Intellectual Property at Exhibitions”, complaint-handling institutions for intellectual property shall be set up only when an exhibition lasts for three days or longer or if the administrative authority of exhibition deems it necessary.

Question 2
Are complaints required to be submitted to a complaint handling institution for intellectual property at exhibition? What if there is no such complaint handling institution?

It is optional, not compulsory, to submit complaints to handling institutions at exhibitions. Pursuant to Article 8 of “The Measures on the Protection of Intellectual Property at Exhibitions”, right-holders of intellectual property may submit complaints to a handling institution at exhibitions or directly to administrative authorities of intellectual property such as trademarks, patents or copyrights offices.

Question 3
What kind of complaints would be accepted and what would be refused by complaint handling institutions at exhibitions?

Complaint handling institutions at exhibitions shall accept complaints against infringements of trademarks, patents and copyrights found at exhibitions. If infringements of intellectual property rights are not conducted at exhibitions, it shall, in accordance with Article 30 of “The Measures on the Protection of Intellectual Property at Exhibitions”, be submitted to local administrative authorities of intellectual property with jurisdiction for handling in accordance with relevant laws and regulations of intellectual property

Complaints against the following infringements of patent rights would not be accepted:

(I) A relevant patent infringement litigation has been filed with court;
(II) Relevant patents are in the process of invalidation;
(III) Ownership of the patents is in dispute and therefore in the process of court proceedings or conciliation proceedings conducted by patent administrative authorities;
(IV) Relevant patents have been terminated and in the process of postliminium.

Complaints against the following infringements of trademark rights would not be accepted:

(I) A relevant trademark infringement litigation has been filed with court;
(II) Relevant trademark rights have been invalidated or revoked.

Question 4
How could complaints be submitted if the right-holder is abroad?

A right-holder who is abroad may entrust a domestic agent with the submission of the complaints and the entrusted should provide powers of attorney and relevant certificates in accordance with laws.

Question 5
What materials are required to be submitted for the complaints?

The following materials are required to be submitted :

(I) legally valid certificates of intellectual property rights: for patent rights, patent licenses, patent proclamations, identifications of the patentees and certificates of legal state of the patents ; for trademark rights, certificates of trademark registration signed and affixed with personal seals by the complainants and identifications of the right-holders of trademarks ; for copyrights, certificates of copyrights and identifications of copyright holders ;　　
(II) Basic information of the parties suspected of the infringements;
(III) Reasons and evidence of the infringements;
(IV) Powers of attorney if the agent is commissioned to submit the complaints.

Question 6
How could losses of the exhibitors resulting from false complaints be compensated for?

Pursuant to Article 10 of “The Measures on the Protection of Intellectual Property at Exhibitions”, complainants shall be legally liable for losses of the exhibitors resulting from their submission of false complaint materials or other false practices.

Question 7
How could evidence of infringement be obtained?

It is clearly stipulated in “The Measures on the Protection of Intellectual Property at Exhibitions” that administrative authorities of intellectual property have the power to investigate and obtain evidence at exhibitions. For instance, it is stipulated in Article 18 that local administrative authorities of intellectual property may conduct field investigation and obtain evidence by sampling.

Question 8
How could complaint-handling institutions at exhibitions and local administrative authorities of intellectual property coordinate in accepting complaints?

Complaint handling institutions at exhibitions shall, within 24 hours of receiving relevant complaint materials, forward the materials to competent administrative authorities of intellectual property. The administrative authorities shall, when accepting complaints, notify the exhibition organizers as well as the parties charged.

Question 9
How could unfinished cases be processed after the end of exhibitions?

For cases are not settled before the end of exhibitions, administrative authorities of intellectual property where exhibitions are located may forward relevant facts and evidence, which have been confirmed by exhibition organizers, to the competent administrative authorities with jurisdiction.

Question 10
What punishments would be made for infringements of intellectual property at exhibitions?

First of all, infringements of intellectual property at exhibitions shall be punished in accordance with relevant stipulations of special laws and regulations of intellectual property. Moreover, administrative authorities of exhibitions may publish proclamations of criticism to those exhibitors committing infringement. Exhibitors that commit two consecutive infringements shall be banned from the next exhibitions. Exhibition organizers that act inadequately in the protection of intellectual property shall be admonished by administrative authorities of exhibitions which may, after considering the circumstances, disapprove further applications of exhibitions by those organizers.