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MEASURES OF THE STATE INTELLECTUAL PROPERTY OFFICE FOR ADMINISTRATION OF EXHIBITIONS

State Intellectual Property Office

Circular of the State Intellectual Property Office on Printing and Issuing the Measures of the State Intellectual Property Office for Administration of Exhibitions

Guo Zhi Fa Guan Zi [2005] No. 128

To intellectual property offices of various provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production & Construction Group, intellectual property offices of various sub-provincial cities and cities designated in the State Plan, different departments of and all units directly under intellectual property offices, as well as enterprises and institutions:

Notice is hereby given that: in order to regulate work related to exhibitions of the State Intellectual Property Office, strengthen the administration of exhibition activities and promote the sound development of exhibitions concerned with patents (intellectual property rights) and subject to pertinent State laws, regulations and rules, the Measures of the State Intellectual Property Office for Administration of Exhibitions has been formulated by our Office, is hereby printed and issued for implementation.

State Intellectual Property Office

December 6, 2005

Measures of the State Intellectual Property Office for Administration of Exhibitions Chapter 1 General Provisions

Chapter 2 Application and Undertaking

Chapter 3 Organization and Administration

Chapter 4 Protection of Intellectual Property Rights at Exhibitions

Chapter 5 Legal Liability

Chapter 6 Supplementary Provisions

Chapter 1 General Provisions

Article 1

These Measures are formulated to regulate work related to exhibitions of the State Intellectual Property Office and strengthen the administration of exhibition activities, in accordance with pertinent State laws, regulations and rules.

Article 2

These Measures shall apply to various exhibition activities which are sponsored, sponsored as participants or participated in by the State Intellectual Property Office, institutions directly under the State Intellectual Property Office, and social organizations having their businesses supervised by the State Intellectual Property Office (The said institutions and social organizations are hereinafter collectively referred to as "units directly under the State Intellectual Property Office").

For the purpose of these Measures, exhibitions refer to exhibition, display and transaction activities which are carried out in such forms as exhibition, trade fair or exposition.

Article 3

Exhibitions sponsored by the State Intellectual Property Office refer to exhibitions which are exclusively sponsored by the State Intellectual Property Office or those sponsored by the State Intellectual Property Office as the first sponsor.

Exhibitions sponsored by the State Intellectual Property Office as a participant refer to exhibitions which are cosponsored by the State Intellectual Property Office at the invitation of other ministries or commissions under the State Council or ministerial units under the Central Government, as well as people's governments of various provinces, autonomous regions, municipalities directly under the Central Government and sub-provincial municipalities, or jointly sponsored by the State Intellectual Property Office with all the preceding ministries, commissions, ministerial units and people's governments.

Exhibitions participated in by the State Intellectual Property Office refer to exhibitions which are participated in by the State Intellectual Property Office in the name of a non-sponsor or a non-participant sponsor. Provisions set forth in the preceding paragraph shall be applicable to exhibitions which are sponsored, sponsored as participants or participated in by units directly under the State Intellectual Property Office.

Article 4

Exhibitions sponsored or sponsored as a participant by the State Intellectual Property Office shall be national and international exhibitions concerned with patents and other intellectual property rights. Exhibitions sponsored, sponsored as participants or participated in by units directly under the State Intellectual Property Office shall be exhibitions concerned with patents and other intellectual property rights, in principle.

Article 5

The State Intellectual Property Office and units directly under the State Intellectual Property Office sponsor, sponsor as participants or participate in exhibitions, for the purpose of giving publicity to the intellectual property right system, boosting the constant improvement of awareness, capacity and level in creating, administering, protecting and implementing Chinese intellectual property rights, and promoting the commercialization and industrialization of Chinese patented technologies.

Article 6

The State Intellectual Property Office shall sponsor, sponsor as a participant or participate in exhibitions by adhering to the following basic principles:

(1)

Helping to promote the wide and intensive publicity and popularization of the knowledge about national intellectual property rights, and propel the implementation of Chinese intellectual property right system and work related to national intellectual property rights;

(2)

Helping to give cooperation in complying with major principles, policies and strategies of the State;

(3)

Helping to foster the public image of the State Intellectual Property Office; and

(4)

Emphasizing social benefits and pursuing practical results.

Units directly under the State Intellectual Property Office shall sponsor, sponsor as participants or participate in exhibitions by adhering to the following basic principles:

(1)

helping to promote the wide and intensive publicity and popularization of the knowledge about intellectual property rights;

(2)

helping to propel the implementation of Chinese intellectual property right system;

(3)

helping to foster the public image of Chinese intellectual property right system; and

(4)

insisting on holding exhibitions by mainly introducing the market mechanism, and following the rules of exhibition market operations.

Article 7

The State Intellectual Property Office shall give its support to exhibitions in the following sequence:

(1)

The State Intellectual Property Office shall focus on holding an international patent exhibition and foster it into a brand which can stand for Chinese patent exhibitions;

(2)

Supports, such as necessary funds, etc, may be given to other exhibitions sponsored by the State Intellectual Property Office, as the case may be;

(3)

The State Intellectual Property Office shall mainly lend its name to exhibitions that are sponsored by it as a participant, in principle; and

(4)

Only nominal supports shall be given to exhibitions participated in by the State Intellectual Property Office and exhibitions that are sponsored, sponsored as participants or participated in by units directly under the State Intellectual Property Office, in principle.

Article 8

For exhibitions sponsored or sponsored as a participant by the State Intellectual Property Office, undertakers and Intellectual property offices located in places where exhibitions are held, shall exert great efforts in organizing and implementing work related to exhibitions, according to the requirements of the State Intellectual Property Office.

Article 9

The Coordination and Administration Department of the State Intellectual Property Office shall be specifically responsible for work related to exhibitions that are sponsored, sponsored as participants or participated in by the State Intellectual Property Office and units directly under the State Intellectual Property Office, and shall represent the State Intellectual Property Office in administering the said work uniformly in a centralized manner.

Chapter 2 Application and Undertaking

Article 10

The following units may undertake exhibitions that are sponsored, sponsored as participants or participated in by the State Intellectual Property Office or units directly under the State Intellectual Property Office:

(1)

people's government at or above the prefecture level;

(2)

intellectual property offices of various provinces, autonomous regions and municipalities directly under the Central Government;

(3)

enterprises and institutions with a certain scale, strength and impacts, which deal well with work related to intellectual property rights and are qualified as legal persons;

(4)

social organizations at or above the provincial level; and

(5)

other organizations which are deemed appropriate by the State Intellectual Property Office to undertake exhibitions.

Article 11

In order to undertake exhibitions sponsored by the State Intellectual Property Office or units directly under the State Intellectual Property Office, the following requirements shall be met:

(1)

aiming at a definite purpose, having actual demands and enabling to promote development in science, technology and economy;

(2)

being able to collect exhibits at the specified level and in a certain quantity, including (patented) technologies, products and so on, containing intellectual property rights;

(3)

having necessary working personnel, funds, etc.;

(4)

enabling to organize sufficient exhibitors, purchasers and professional participants;

(5)

being fitted with exhibition centers and halls which meet requirements, as well as other necessary material conditions and facilities.

(6)

satisfying other required conditions.

Article 12

Any unit intending to undertake exhibitions shall file an undertaking application to the State Intellectual Property Office, and complete the exhibition application form, indicating:

(1)

holding objective and significance;

(2)

exhibition name;

(3)

holding time and method;

(4)

preparation body and working personnel thereof;

(5)

analysis on supplies and demands of (patented) technologies and products containing intellectual property rights at the domestic market;

(6)

method for organizing supply side and demand side;

(7)

budget for expenditures, balance between revenue and expenditure and measures adopted to solve problems of insufficient funds;

(8)

area of exhibition space and diagram;

(9)

written agreements or contracts to be attached, if the undertaker is entrusted by the sponsor to hold exhibitions;

(10)

legal person certificate, or business license (duplicate) and credibility letter of the undertaker;

(11)

security measures taken by and safety responsibilities assumed by the undertaker; and

(12)

pertinent materials on any foreign participant, invitation documents of the foreign participant, as well approval documents issued by Chinese embassies or consulates abroad, in case of international exhibitions.

Article 13

Sponsors and undertakers shall clarify respective rights, obligations and responsibilities.

Any unit applying to undertake exhibitions sponsored by the State Intellectual Property Office or units directly under the State Intellectual Property Office shall, 6 months before the proposed holding date, submit its undertaking application and program to the State Intellectual Property Office, which shall then determine the undertaker on the basis of competitive selection, according to submitted holding programs.

Article 14

After being determined to undertake exhibitions sponsored by the State Intellectual Property Office, the undertaker shall submit to the State Intellectual Property Office an implementation report accompanied by approval documents therein as issued by the provincial people's government located in the holding place, complete an application registration, and then refer the registration to the State Intellectual Property Office for the record or approval.

Article 15

Any pertinent unit, which requires the State Intellectual Property Office to sponsor or sponsor as a participant a national or international exhibition, shall report to the State Intellectual Property Office an exhibition plan one year before the holding of the exhibition, for the unified coordination and arrangement to be made by the State Intellectual Property Office.

Any pertinent unit, which requires the State Intellectual Property Office to participate in a national or international exhibition, shall be required to submit an exhibition plan and program to the State Intellectual Property Office for examination and opinions on approval or disapproval.

Article 16

After its application for exhibition undertaking is approved, the undertaker shall carry out preparatory work according to requirements of documents concerned.

Any unit undertaking exhibitions sponsored by the State Intellectual Property shall establish a financial account special for the exhibition.

Before an exhibition is held, the undertaker shall submit pertinent documents and materials to departments of public security, fire, price and so on, for the record or approval, and shall accept the supervision of such departments.

Chapter 3 Organization and Administration

Article 17

For exhibitions sponsored, sponsored as participants or participated in by the State Intellectual Property Office or units directly under the State Intellectual Property Office, the State Intellectual Property Office shall uniformly instruct, coordinate, supervise and administer or do so as a participant in the work of the exhibition organizing committee.

Article 18

After being approved to undertake an exhibition, the undertaker may publicly announce the information through news media, send invitations to the people of all circles and may also entrust pertinent units to organize their teams for exhibition participation.

Article 19

Undertakers shall have the knowledge of intellectual property rights contained in exhibited technologies and products, and indicate intellectual property right marks and logos, which are easy to be differentiated and identified, on the said technologies and products.

Enterprises licensed to apply patented technologies, if participating in exhibitions, shall show pertinent documents licensed by and filed with the State Intellectual Property Office; Technologies and products, patent rights in which are declared valid, which pass off as or pretend to be or infringe intellectual property rights of other persons, shall be forbidden to be exhibited.

Article 20

Funds for undertaking national or international exhibitions shall be raised by undertakers, and be accounted after exhibitions are over; Where exhibitions are jointly undertaken by more than two units or jointly held by sponsors and undertakers, all the units shall bear corresponding fees according to their agreements.

Article 21

Any undertaker shall, within one month after the exhibition is over, prepare an exhibition summary report and submit it to the State Intellectual Property Office.

The exhibition summary report shall cover: basic situations of the exhibition, transactions of (patents) technology containing intellectual property rights and execution of contracts, total volume of transactions on (patented) technologies and products containing intellectual property rights, balance between revenue and expenditure, compilation of exhibited items, experiences, lesions and improvement opinions, etc.

Chapter 4 Protection of Intellectual Property Rights at Exhibitions

Article 22

In the course of exhibitions, various sponsors, undertakers and intellectual property offices located in holding places shall strengthen their cooperation, and take effective measures to protect exhibition intellectual property rights.

Article 23

Exhibition undertakers shall dispatch professionals familiar with intellectual property right laws and regulations to participate in the exhibition administration, and enter into pertinent provisions on intellectual property right protection with participating enterprises upon exhibition invitation.

Article 24

Sponsors and undertakers must, during the preparatory period, carry out a random inspection in advance concerning the use of patents and trademarks of samples taken with by participating enterprises, legal sources of publications of such enterprises and prohibited use thereof, so as to prevent the commission of illegal acts in intellectual property rights.

Undertakers shall timely report information on right maintenance and infringement appearing at exhibitions through exhibition journals.

Article 25

Acts of passing off as, pretending to be or infringing intellectual property rights of other persons, shall be given punishments by competent intellectual property right departments located in holding places within the scope of their functions and powers, in accordance with pertinent laws, regulations and rules.

Article 26

Disputes over intellectual property rights arising between or among participating units during exhibitions, shall be timely settled by sponsors and undertakers subject to provisions on intellectual property right protection as stipulated for such exhibitions, or may, alternatively, be solved by seeking for administrative or judicial relief.

After exhibitions are over, undertakers shall sum up experience conscientiously, and timely report to pertinent departments the disputes, complaints over intellectual property rights and handling thereof.

Chapter Five Legal Liability

Article 27

Exhibition sponsors and undertakers shall carry out exhibition activities according to law, and legally investigate their working personnel who conduct graft, seek for own profits through exhibitions and neglect their duties, thus damaging interests of the State, exhibitors and so on, for legal or administrative liabilities.

Article 28

Exhibition undertakers shall hold exhibitions in strict compliance with requirements and standards of pertinent approval documents, shall neither discretionarily raise exhibition specifications and various charge rates, nor spread false information on (patented) technologies and products containing intellectual property rights or commit other illegal acts, through exhibitions.

Chapter 6 Supplementary Provisions

Article 29

The State Intellectual Property Office shall be responsible for the interpretation of these Measures.

Article 30

These Measures shall go into effect as of the date of promulgation.

  State Intellectual Property Office 2005-12-06  


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