patent protection during exhibitions wu ningyan state intellectual property office date: sept. 9,...

Patent Protection During Exhibitions


Wu Ningyan

State Intellectual Property Office

Date: Sept. 9, 2006


China's Current Approaches and Characteristics of Patent Protection during Exhibitions

1. Self-discipline of exhibition sponsors (self-protection)

2. Administrative law enforcement on patent

(administrative protection)

3. Effective linking of the two approaches (Measures for

the Protection of Intellectual Property Rights during

Exhibitions)


Contents

Procedures

Characteristics




Contents: The sponsor may, by executing IPR protection

clauses or contracts with the exhibiting parties, draft

IPR protection rules for the exhibition, and thereupon

carry out patent protection activities.

(See Paragraph 2 of Article 4 of Measures for the

Protection of Intellectual Property Rights during

Exhibitions)






Procedures: Filing Complaint Examination Acceptance

Handling Placing on File

(Take the Chinese Export Commodities

Fair for example)


Characteristics: Non-mandatory (sponsor), lack of

fairness (accused party), short-term results (complaining

party)

Simple, fast and economical




Contents

Procedures

Characteristics


2. Administrative law enforcement on patent (administrative protection)


Contents: Paragraph 2 of Article 16 of Measures for the Protection

of Intellectual Property Rights during Exhibitions

A local IPR bureau may accept a claim of treatment for

any dispute over suspected infringement on patent

relating to any exhibited item and handle it according to

the provisions of Article 57 of the Patent Law.




Contents: Cases not accepted(Article 17 of Measures for the Protection of Intellectual Property Rights during Exhibitions)


1. Where a complainant or claimant has filed a litigation concerning infringement on patent with the people’s court;

2. Where any patent is in the procedures for declaring invalidation of patent right;

3. Where any dispute over the ownership of a patent is subject to the trial procedures of the people’s court or to the mediation procedures of the administrative department of patent;

4. Where any patent has been terminated and its owner is attempting to resume the patent.



Contents: Paragraph 3 of Article 16 of Measures for the Protection of Intellectual Property Rights during Exhibitions

A local IPR office may accept tip-offs on any suspected imitation of other’s patent or imitated patent relating to any exhibited item, or investigate into and punish any suspected imitation of other’s patent or imitated patent relating to any exhibited item and give a punishment according to the

relevant provisions of Articles 58 and 59 of the Patent Law.




Procedures: Flowchart of patent dispute handling by the local IPR office

Submission of Request Document

Exami-nation

Non-Acceptance

Accept-ance

Case-Filing & Delivery Pleading

Investigation & Evidence Collection

Handling


Trial

Notify requestor and explain reasons for non-acceptance.



Acceptance Draft Case-Filing Report

Canceling Case

Initiating Investigation Verification Pre-Penalty

Notice Hearing

Imposing Penalty

Identify acts of passing off the patent of another person as one's own or passing an unpatented product off as patented product

Accept complaints of identified acts of passing off the patent of another person as one's own or passing an unpatented product off as patented product

Argument & Defending by the Party Concerned

Second Argument & Defending by the Party Concerned


Procedures: Flowchart of work procedures of the local IPR office for investigation and handling of acts of passing off the patent of another person as one's own or passing an unpatented product off as patented product



Characteristics: Mandatory, fair, curb infringement

Procedures complicated and

time-consuming




Contents

Characteristics


3. Effective linking of the two approaches (Measures for the Protection of Intellectual Property Rights during Exhibitions)


Contents: Paragraph 1 of Article 16 of Measures for the Protection of

Intellectual Property Rights during Exhibitions

A local IPR office may accept a complaint of suspected

infringement on IPRs as transferred by the office in charge

of IPRs complaints in the exhibition and handle it

according to the relevant provisions of laws and regulations on

patent. 　　　　




Contents: Article 8 of Measures for the Protection of Intellectual Property Rights during Exhibitions

An IPRs holder may file a complaint with the office in charge of IPRs complaints during an exhibition or with the administrative IPRs

department.

Article 11 of Measures for the Protection of Intellectual Property Rights during Exhibitions

An office in charge of IPRs complaints during an exhibition shall, within 24 hours after receiving any complaint material as prescribed in Article 8 of the present Measures, transfer it to the relevant administrative IPRs department.




Characteristics: Easy to obtain evidence

Solidified evidence

Through handling of exhibitions, increase efficiency in administrative protection of exhibition patent;

By legal means, strengthen patent protection during exhibitions.



patent protection during exhibitions wu ningyan state intellectual property office date: sept. 9,...

Documents