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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 - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

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Page 1: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

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

4 March 2010

Georgia ChiuAssociate Lovells, Shanghai Office

Page 2: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

- 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?

Page 3: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

Do lay the IPR foundation

• Establish your IPR rights

– Register/File your IPR in China

• Patents • Designs • Trademarks• Copyrights

Page 4: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

Patents

Page 5: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

Designs

Page 6: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

Designs

Page 7: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

Designs

Page 8: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

Trademarks

Page 9: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

- 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

Page 10: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

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.

Page 11: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

• 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

Page 12: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

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)

Page 13: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

The Complaint Office

Page 14: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

- 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

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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

Page 16: Preparing for a Trade Fair: Do's and Don'ts - AHKchina.ahk.de/...Workshop_Canton_FairPresentations.pdf · Preparing for a Trade Fair: Do's and Don'ts 4 March 2010 ... Measures for

Thank You

Georgia ChiuAssociate

Lovells [email protected]

Tel: +86 21 6138 1688