FAQs
Exhibition Service
You are here:
In order to make the first China International Import Expo the world national-level exhibition, the China International Import Expo Bureau set out the following answers for the frequently asked questions.
- 1、 What are the specific arrangements for the intellectual property rights (hereinafter referred to as the “IPR”) protection put forward by the China International Import Expo (hereinafter referred to as the “CIIE”)?
- The CIIE attaches great importance to the IPR protection and regards it as an important measure to build a world-class expo, striving to create an enabling IPR protection environment for exhibitors and buyers. The following measures are taken. First, the Service Center for IPR Protection and Commercial Dispute Resolution has been set up to provide relevant legal consultation and mediation services during the CIIE. Second, IPR experts are invited to provide consulting services before and during the CIIE to facilitate exhibitors and buyers applying for and obtaining IPR protection in China. Third, by actively coordinating with relevant IPR departments in Shanghai, the law enforcement of IPR is strengthened to better investigate and punish acts in violation of laws and safeguard the legitimate rights and interests of relevant parties.
- 2、 What IPR services will the CIIE provide for exhibitors and buyers?
-
The CIIE will actively provide exhibitors and buyers with first-class IPR and commercial legal consulting services. By combining the characteristics of the CIIE into consideration, working plans covering the preparation, organization and completion of the CIIE have been rolled out so as to create a favorable environment for expo and innovation.
During the preparation, the organizer will formulate the IPR brochures for the CIIE, and, together with the relevant departments, study and put the IPR hotline into operation. The Exhibitor Manual and the official website, among others, are the potent measures to advocate the IPR protection information to inform exhibitors of matters taking heed of and provide instructions to exhibitors and buyers.
During the CIIE, the Service Center for IPR Protection and Commercial Dispute Resolution will be set up, and IPR and commercial legal experts will be invited to settle in to provide professional services for exhibitors and buyers.
After the CIIE, IPR consultation will be still available for exhibitors and buyers via the official website, the call center and the consultation hotline. The Service Center will timely summarize and analyze related consultations and handling of complaints, and study and improve related services. - 3、How to acquire information concerning the IPR services of the China International Import Expo?
- A column dedicating to IPR is accessible on the official website of the China International Import Expo (www.ciie.org) to publish working information on the IPR protection and commercial legal consulting services, matters needing attention for expo participation, working methods for settling IPR protection and commercial disputes, laws, regulations and guidelines on China's IPR and related website links. Please follow us on our website or contact us via our service hotline (+86-21-968888).
- 4、What IPR rights and obligations do exhibitors have?
- Exhibitors should sign the exhibition contracts and stipulate IPR protection clauses therein, making the commitment that all exhibits, packages of exhibits, booth design, publicity materials, display parts of the booth and other items do not infringe others’ IPRs; during the CIIE, exhibitors should carry their IPR ownership certificates and relevant certification materials. In case of IPR disputes, exhibitors should cooperate with the Service Center for IPR Protection and Commercial Dispute Resolution to carry out related procedures.
- 5、How could exhibitors further protect their own IPRs before participating in the CIIE?
- Exhibitors are advised to review the IPR status of their own exhibits, booth design, publicity materials and other display parts of the booth before the CIIE to prevent suspected infringement. Exhibitors can comprehend IPR protection services via the official website of the China International Import Expo (www.ciie.org) or the service hotline (+86-21-968888) as well as working methods on settling the IPR protection and commercial disputes so as to reasonably formulate plans for IPR protection for exhibiting items.
- 6、Is it necessary for exhibitors to possess IPRs in China?
- The China International Import Expo recommends all exhibitors to review the IPR status of items to be exhibited beforehand. For those not yet applying for IPRs in China, they may apply according to the relevant laws and regulations of the People's Republic of China upon their demands so as to be better protected by IPR laws.
- 7、How could exhibitors acquire information concerning the application for and protection of IPR in China?
- Exhibitors can retrieve information concerning the application for and protection of IPR in China by accessing to websites related to IPR protection in China. Websites, to name a few, are as follows: (1)(1) The official website of IPR in China http://www.ipr.gov.cn/ (The website is hosted by the Ministry of Commerce. The website specially sets up a column for the China International Import Expo to provide laws, regulations and guidelines on IPR in China.) (2)The official website of the Ministry of Commerce http://www.mofcom.gov.cn/ (3)The official website of the Supreme People's Court http://www.court.gov.cn/ (4)The official website of the Supreme People's Procuratorate http://www.spp.gov.cn/ (5)The official website of the Ministry of Public Security http://www.mps.gov.cn/ (6)The official website of the General Administration of Customs http://www.customs.gov.cn/ (7)The official website of the State Administration for Market Regulation http://samr.saic.gov.cn/ (8)The official website of the National Copyright Administration of the People’s Republic of China http://www.ncac.gov.cn/ (9)The official website of the State Intellectual Property Office http://www.sipo.gov.cn/
- 8、Do exhibitors have to carry their IPR ownership certificates and related certification materials of the exhibiting items when participating in the expo?
- In order to better protect the legitimate rights and interests of exhibitors, effectively prevent and quickly settle IPR disputes that may occur, exhibitors should carry relevant ownership certificates and relevant certification materials for reference when participating in the expo per exhibiting items involving in IPRs or with corresponding permissions or authorizations.
- 9、Will the China International Import Expo set up relevant service agencies for IPR protection during the expo?
- During the China International Import Expo, the Service Center for IPR Protection and Commercial Dispute Resolution will be set up. Then, IPR and commercial legal experts will be invited to settle in, providing professional consulting services for exhibitors and buyers for reference and mediating disputes to protect the legitimate rights and interests of all parties concerned.
- 10、How will the IPR protection service agencies established during the expo operate?
- The China International Import Expo has formulated the Measures for Suspected Infringement of Intellectual Property Rights at The China International Import Expo, in which define the composition, consulting services and complaints settlement materials and procedures of the Service Center for IPR Protection and Commercial Dispute Resolution. For more information, please visit the official website of the China International Import Expo (www.ciie.org).
- 11、What consulting services will be provided by the Service Center for IPR Protection and Commercial Dispute Resolution?
- The Service Center for IPR Protection and Commercial Dispute Resolution will carry out IPR related consulting services, publish and distribute IPR brochures, provide information on laws and regulations of IPR, IPR application and rights protection guidelines in China, and assist exhibitors and buyers to better understand China's IPR laws and related policies.
- 12、 What should IPR holders respond after they discover that exhibiting items are suspected of infringing their IPRs?
- During the Business Exhibition of the China International Import Expo, IPR holders may, per the detection of any suspected infringement of exhibiting items in the exhibition hall on their IPRs, complain to the Service Center for IPR Protection and Commercial Dispute Resolution based on the Measures for Suspected Infringement of Intellectual Property Rights at The China International Import Expo.
- 13、 How should the exhibitors respond when being complained of IPR infringement during the Expo?
- Exhibitors who encounter IPR complaints during the Expo should cooperate with the mediation of the Service Center for IPR Protection and Commercial Dispute Resolution in accordance with the provisions of the Measures for Suspected Infringement of Intellectual Property Rights at The China International Import Expo. Exhibitors who do infringe on the IPRs of others should bear corresponding legal responsibilities in accordance with the relevant laws, regulations and rules of the People's Republic of China.
- 14、For what types of IPRs can IPR holders file complaints with the Service Center for IPR Protection and Commercial Dispute Resolution?
- IPR holders can file complaints about IPRs allegedly infringed. Among them, the IPRs allegedly infringed refer to the rights to patents, trademarks, copyrights, etc. obtained in accordance with the relevant laws and regulations of the People's Republic of China.
- 15、How could the complainant make complaint to the Service Center for IPR Protection and Commercial Dispute Resolution?
- The Service Center for IPR Protection and Commercial Dispute Resolution will mediate complaints of alleged infringement of IPRs on-site at the Expo. And other forms of complaints such as telephone or email are not accepted.
- 16、What materials should be submitted for IPR complaints to the Service Center for IPR Protection and Commercial Dispute Resolution?
- The complainant should submit the materials in accordance with the Article 8 of the Measures on Measures on Making and Settling Complaints for Infringement of Intellectual Property Rights of Exhibiting Items of the China International Import Expo, including: 1. Complaint application; 2. Evidence and materials of suspected infringing items being complained of; 3. Legal and valid IPR ownership certificates; 4. Power of attorney and identification documents of agents if complains are entrusted to agents. The Service Center may request the complainant to offer inspection and test reports, disclosed publications (patent literature, textbooks, magazines ) and other materials according to the specific circumstances of the case.
- 17、What are the specific requirements for the form taken and authenticity of the complaint materials by the Service Center for IPR Protection and Commercial Dispute Resolution?
- The complainant should ensure the authenticity, legitimacy and validity of the materials submitted. The materials in foreign languages should be accompanied by Chinese versions. The identity certificates, the IPR certificates and other materials submitted by the complainant sourced extraterritorially, the evidence shall be subject to the certification of the notarization authorities of the country concerned and shall be authenticated by the embassy of the People’s Republic of China at the said country, or shall be subject to the certification formalities as provided in the relevant treaties concluded between the People’s Republic of China and the said country. Where materials submitted by the complainant concerned are sourced from Hong Kong Special Administrative Region (HKSAR), Macao Special Administrative Region (MSAR) and the Taiwan region, the relevant applicable formalities shall also be completed.
- 18、Which IPR complaints will be rejected by the Service Center for IPR Protection and Commercial Dispute Resolution?
- According to Article 10 of the Measures for Suspected Infringement of Intellectual Property Rights at The China International Import Expo , the Service Center may reject the complaint in one of the following four situations. First, the complainant has filed a complaint about the suspected infringement with the IPR administrative department or filed a lawsuit with the People's Court, or applied to the arbitration institution for arbitration, but has not yet completed or concluded the case. Second, the IPRs are invalid or in the process of invalidation request. Third, there is a dispute over the ownership of IPRs, which is being mediated or settled by the administrative department of intellectual property rights, or is heard by the People's Court. Fourth, the materials submitted by the complainant are not completed and do not comply with the provisions of Article 8 of the Measures for Suspected Infringement of Intellectual Property Rights at The China International Import Expo.
- 19、What kind of processing procedures and settling methods will the Service Center for IPR Protection and Commercial Dispute Resolution take after receiving the complaint materials?
- After receiving the complaint materials, the Service Center for IPR Protection and Commercial Dispute Resolution will follow the following procedures: First, notifying the respondent in a timely manner and requesting the respondent to reply within 24 hours; Second, if the respondent insisting non-infringement of the item being complained of should provide the Service Center with its legal and valid IPR certificates and other evidential materials to prove the non-infringement; otherwise, the exhibitor subject to complains should sign the Commitment, withdraw the complained item and do not display it during the expo. Third, on the basis of the opinions of the complainant and the respondent, the Service Center may organize mediation as appropriate. If the respondent fails to provide the corresponding evidentiary materials or materials provided cannot prove non-infringement, and does not take the initiative to withdraw the allegedly infringing exhibiting item, the Service Center should transfer the complaint materials received to the relevant IPR administrative departments for disposal according to laws.
- 20、If the respondent violates the Commitment and displays the allegedly infringing exhibiting items again, how will the Service Center for IPR Protection and Commercial Dispute Resolution handle it?
- For the respondent violating the signed Commitment and re-displaying the allegedly infringing exhibiting items at the current Expo, the Service Center for IPR Protection and Commercial Dispute Resolution can advise the Expo to handle or disqualify the respondent according to the contract.
- 21、What aspects the complainant and the respondent need to pay attention during the settlement of the complaint?
- The complainant and the respondent should actively cooperate with the Service Center for IPR Protection and Commercial Dispute Resolution to carry out relevant work and abide by the relevant regulations on the management of order and security of the Expo. Those impairing the order and security of the Expo will be handled in accordance with the relevant regulations on the management of order and security of the Expo.
- 22、After the current China International Import Expo, how will the Service Center for Intellectual Property Right Protections and Commercial Disputes Resolution handle complaint materials?
- After the China International Import Expo, the Service Center for IPR Protection and Commercial Dispute Resolution will timely organize complaints and settlement and exert statistical analysis. Relevant information may be notified to relevant departments according to the needs of the work, and preserved as the reference for the qualification evaluation of the next Import Expo.