Laws of the People's Republic of China

Letter of the Ministry of Commerce about Reinforcing the Protection of Intellectual Property When Attending or Organizing Overseas Exhibitions

Shang Fa Han [2007] No.16

The people's governments of all provinces, autonomous regions, municipalities directly under the Central Government, the cities specifically designated in the state plan and Xinjiang Production and Construction Corporations.:

During these years, the Chinese enterprises have been involved in more and more disputes on intellectual property when attended overseas exhibitions. On CPHL Worldwide 2006 which was held in France, the Chinese enterprise exhibitors were suspected of infringement on intellectual property, which leaded to ill consequences, for example, some related personnel were detained and some exhibits were confiscated. The same thing happened in March 2007 on CeBIT, which was held in Hanoverian, Germany. The repetitive occurrence of such incidents shows that some Chinese enterprises are short of the awareness of protecting intellectual property and fail to place enough emphasis on the protection of intellectual property when preparing to go abroad to attend exhibitions. Such incidents have not only impaired China's overseas good image in the facet of protection of intellectual property, but also resulted in great damage to the reputation and interests of those enterprise exhibitors themselves and even endangered the personal safety of some individuals.

To respect and protect intellectual property is not only a requirement for the development of enterprises themselves, a requirement for the development of national economy and science and technology, but also a requirement for promoting the sound development of Chinese-foreign trade and economic relations. Therefore we should make continuous efforts to enhance enterprises' understanding of protecting intellectual property. For the purpose of guiding enterprises going abroad to attend exhibitions to do well the protection of intellectual property, we hereby inform the related issues as follows:

1.

Great emphasis shall be laid on the protection of intellectual property in attending overseas exhibitions. More efforts in guiding and supervising the related local functional management shall be made. And an effective work mechanism to avoid the occurrence of infringements in overseas exhibitions shall be set up.

2.

The circumstances about the protection of intellectual property in the process of attending overseas exhibitions by local enterprises shall be sorted out and analyzed. The administration of enterprises attending overseas exhibitions and entities organizing overseas exhibitions shall be further reinforced. The examination and verification of the protection of intellectual property shall be taken as an importance task.

3.

A responsibility system for infringements on intellectual property shall be set up. Those domestic enterprises that attend overseas exhibitions or entities organizing overseas exhibitions which lead to serious consequences because of their infringement upon intellectual property shall be imposed upon necessary punishment according to the actual circumstances.

4.

Enterprises attending overseas exhibitions or entities organizing overseas exhibitions shall be trained in terms of intellectual property to improve their awareness of protecting intellectual property. They shall not only protect their own intellectual property but respect others' legitimate rights and interests.

5.

All regions shall actively conduct China's business councils in foreign countries to hear the related suggestions when organizing overseas exhibitions.

Each region shall contact the Department of Treaty and Law of the Ministry of Commerce in the case of any complaint or suggestion in conducting the related work.

Contact person: Yang Hanhui, Chen Fuli

Tel: 65198154/8761

Ministry of Commerce

April 30, 2007