IPRs FAQ of 2010 Shanghai EXPO

Comprehension: 

Question: How does the EXPO protect IPRs of the parties involved?

Answer: Laws and regulations such as "Regulation on the Protection of World Expo Logo Marks", “Outline of the Protection on Intellectual Property Rights of 2010 Shanghai EXPO”, "Patent Law", "Trademark Law", "Copyright Law", “Measures for the Protection of Intellectual Property Rights during Exhibitions” and etc. regulate and protect IPRs involved in the EXPO.

Question: What are the duties of the Complaint Handling Office of the EXPO?

Answer: The duties of the Complaint Handling Office of the EXPO include receiving complaints, suspending exhibition items as suspected of infringement on IPRs during the exhibition, transferring the complaint materials to the competent IPRs administrative department, coordinating and supervising and urging the treatment for complaints, carrying out statistics and analysis on the IPRs protection information during the exhibition and etc.

Question: If the dispute is aroused in the EXPO Site cannot be solved by negotiation, how to solve it through litigation?

Answer: When the disputes is aroused in the EXPO Site, centralized handling of ordinary cases will be carried out by EXPO Tribunal of Pudong New Area Court, and IPR cases will be handled by IPRs Tribunal of Pudong New Area Court (except for patent cases).

Question: When the right holder of IPRs acknowledges the exhibition item of EXPO infringes upon his/its IPRs, how can the right holder of IPRs make complaints? How will the sponsor of the exhibition protect his/its rights?

Answer: The right holder of IPRs can make complaints through the IPR Complaint and Report Hot Line for Exhibitor of EXPO (12330). If the right holder holds effective legal document which confirms or punishes the exhibitor's infringement act, he/it can require the exhibitor to withdraw. Otherwise, he/it can require the sponsor of the exhibition to issue a certificate to the infringement materials collected by the right holder of IPRs.

Patent:

Question: Will the display of exhibitor's invention-creation at the EXPO affect his/its application for patent?

Answer: According to the provisions of "Exhibition Certificate of 2010 EXPO China Shanghai", the Exhibitor's IPR Service Center of EXPO will issue the exhibition certificate, which makes the invention first exhibited at EXPO for which a patent is applied for not lose its novelty within six months as of the exhibition date.

Question: When the exhibitor is expressly aware that his/its exhisition item infringes other's patent, what risks will the exhibitor face?

Answer: When the exhibitor exhibits the patented product or the product directly obtained from the patented process without the permission of the right holder of patent rights, such act is the infringing act of offering to sell which violates the Patent Law.

Question: When the exhibitor uses other's patented product to decorate the booth during the exhibition and he/it receives the complaint from the right holder of patent rights, how will the exhibitor respond?

Answer: The exhibitor may provide the legal source of the the complained product (eg. invoice and etc.) and prove that he/it does not produce such product as the response to the complaint.

Trademark and Symbol:

Question: When the exhibitor uses the unregistered trademark at the EXPO, will his/its application for trademark registration be affected?

Answer: According to the provisions of "Exhibition Certificate of 2010 EXPO China Shanghai", the Exhibitor's IPR Service Center of EXPO will issue the exhibition certificate, which gives the right of priority to the exhibitor if he/it applies to register the first used trademark in China within six months as of the exhibition date.

Question: When the exhibitor unconsciously sells the commodities infringing upon the exclusive right of the EXPO symbols, what liabilities will he/it take?

Answer: The exhibitor's sale of commodities with the EXPO symbols without license is the infringing act upon the exclusive right of the EXPO symbols, who should take the liability of cessation of infringement, elimination of consequences and other civil liabilities. If the exhibitor can prove his/its legal acquisition of the commodities and give information of the suppliers, he/it will not bear the corresponding compensation liabilities.

Question: What kind of companies can use the EXPO symbol?

Answer: The sponsor company of Shanghai EXPO can use the EXPO symbol in the promotion according to the sponsorship contract signed with Shanghai EXPO Bureau, and non-sponsor companies can file a written application to use the EXPO symbol to the Shanghai EXPO Bureau.

Copyright:

Question: When the work is performed at the EXPO, will its copyright protection be affected?

Answer: According to the provisions of "Exhibition Certificate of 2010 EXPO China Shanghai", the Exhibitor's IPR Service Center of EXPO will issue the performance certificate for the convenience of the author and performer to gain copyright protection. 

(to be continued)