Legal Framework of Intellectual Property Protection during Exhibition The Intellectual Property Center of Shanghai University of Political Science and Law

I. Legal framework of exhibition intellectual property protection in China

Normative documents of local governments Administrative regulations of local government Local administrative regulations at levels of province, city, and autonomous region State administrative regulations Other normative documents

(I)State administrative regulations No. 1 Announcement The Protection of Intellectual Property during Exhibition, issued by Commerce Ministry, State Administration for Industry and Commerce, National Copyright Administration, State Intellectual Property Office on January 10, Executed on March 1,

(II) Administrative regulations of local government The No. 47 Order Shanghai Exhibition Management issued on March 15, 2005 by the Shanghai People’ s Government (Executed on May 1, 2005) Five chapters and 33 articles in total

No. 201 Order of Beijing Intellectual Property Protection during Exhibition issued on November 24, 2007 by Beijing People’s Government (Executed on March 1, 2008) 26 articles in total

(III) Normative documents of local governments 1. The HZJ[2005] No. 58 Implementation Details of Strengthening the Exhibition Patent Protection issued on May 23, 2005 by Shanghai Intellectual Property Bureau (Comes into effect on May 23, 2005) 9 articles in total

2. No. 11 Special Regulation of Shanghai World Expo: about intellectual property issued on June 2007 by Bureau of Shanghai World Expo Coordination Six chapters, 24 articles in total

3. The SZ[2006]No. 44 Implementation of Guangzhou Intellectual Property Protection during Exhibitions issued by Guangzhou Intellectual Property Bureau, Administrative Bureau of Industry and Commerce, and the Copyright Bureau (Implemented on September 28, 2006) Five articles and 20 items in total

5. The Shenzhen Intellectual Property Protection during exhibitions will be released in 2009 Shenzhen Special Zone Daily, March 12,

(IV) Other normative documents The Yiwu Intellectual Property Protection during Exhibitions issued by Zhengjiang Yiwu Exhibition Office, Science & Technology Bureau, Administrative Bureau of Commerce & Industry, Bureau of Culture, Broadcasting, Press and Publication Executed on October 6,

II. Interpretation of Exhibition Intellectual Property Protection Measures

There are seven chapters, 35 articles in the Exhibition Intellectual Property Protection Chapter I Generals (5 articles) 1. legislative principles; 2. applicable scope; 3. management department; 4. responsibilities of the exhibition sponsor; 5. responsibilities of the participants

Chapter II Disposal of complaints (10 articles) 1. intellectual property complaints handling office; 2. the composition and responsibilities of the intellectual property complaints handling office; 3. complaints of the obligee; 4. submission and supplementary of complaints documents; 5. legal responsibilities of submitting false material by the complainant; 6. hand over of complaints by the handling office; 7. notice of acceptance and disposal by the administrative department; 8. the designated defence time limit of defender; 9. the statement of defence and handing over of the defender; 10. Notify the disposal result to exhibition sponsor, statistics of analysis reports

Chapter III Patent protection during exhibition (3 articles) 1. Three works of complaints coordination by the local intellectual property administration during exhibition; 2. Four situations of rejecting patent infringement complaints by the local intellectual property administration; 3. Investigation and evidence collection by the local intellectual property administration

Chapter IV Trademark protection during exhibition (3 articles) 1. Three works of complaints coordination by the local administrative department of commerce & industry during exhibition; 2. Four situations of rejecting patent infringement complaints by the local administrative department of commerce & industry ; 3. Investigation and evidence collection by the administrative department of commerce & industry

Chapter V Copyright protection during exhibition (2 articles) 1. Two works of complaints coordination by the local copyright administration during exhibition; 2. Investigation and evidence collection by the local copyright administration

Chapter VI Legal responsibilities (9 articles) 1. The complaint been recognized as infringement shall be disposed; 2. Punishment on patent infringement; 3. Punishment on imitated patent; 4. Punishment on infringement of trademark; 5. Punishment on infringement of copyright; 6. Disposal on participated items been recognized as infringement; 7. Disposal on other infringement of the requested person; 8. Proclamation and prohibition of exhibition; 9. Punishment on poor protection of the sponsor

Chapter VII Attachment (3 articles) 1. The hand over of unfinished cases after exhibition; 2. Definition of intellectual property administration and exhibition management department; 3. Implementation date of this measure

III. Legal Framework of Customs Intellectual Property Protection in China

State laws Judicial interpretation of the supreme people’s court Administrative regulations of state council Government regulations and normative documents Proclamation of the General Administration of Customs Legal framework of customs intellectual property protection

(I) State laws and regulations 1. Patent law, trademark law and copyright law; 2. Unfair competition law and other related laws; 3. The intellectual property regulations like computer software protection provision

(II) State administrative regulations 1. Provisions on the Implementation of the International Copyright Treaties (No. 105 Order of State Council, on Sept. 25, 1992) 2. Implementing Regulations of the Patent Law of the People’s Republic of China, (No. 306 Order of State Council, on ) 3. Regulations for the Protection of the Computer Software (No. 339 Order of State Council, on ) 4. Regulations on the Protection of Olympic Symbols (No. 345 Order of State Council, on Feb. 4, 2002)

5. Regulations for the Implementation of the Copyright Law of the People’s Republic of China (No. 359 Order of State Council, on ) 6. Implementing Regulations of the Trademark Law of the People's Republic of China (No. 358 Order of State Council, on ) 7. Regulations of the People’s Republic of China on Customs Protection of the Intellectual Property Rights (No. 395 Order of State Council, on Dec. 2, 2003) 8. Regulation on the Protection of World Expo Logo Marks (No. 422 Order of State Council, on Oct. 20, 2004)

(III) The judicial interpretation of the Supreme Court 1. Interpretation on Several Issues of Concrete Laws Application in the Handling of Criminal Cases of Illegal Publications ( ) 2. People's Courts Subjecting Rights in Registered Trademarks to Property Preservation Interpretation （ ） 3. Questions Concerning the Application of Law to Pre-litigation Injunctions to Cease Patent Infringement Activities Several Provisions ( ) 4. Several Provisions of Questions Concerning the Application of Law in Hearings on Patent Dispute Cases （ ） 5. Interpretation on the Relevant Issues concerning the Scope of Jurisdiction and of the Scope of Application of Laws for Hearing Trademark Cases （ ） 6. Questions Concerning the Application of Law to the Pre-litigation Injunctions to Cease Infringement on Exclusive Rights to Use Registered Trademarks and Preservation of Evidence Interpretation ( ) 7. Several Questions on the Application of Law in Trial of Trademark Civil Dispute Cases Interpretation ( ) 8. Interpretations Concerning the Application of Laws in the Trial of Civil Disputes over Copyright ( )

(IV) Government regulations and normative documents 1. The Measures for Implementation of the Administrative Punishment of Copyrights (No. 3 Order of the National Copyright Administration, on ) 2. Measures for the Implementation of Madrid International Registration of Trademarks （ No. 7 Order of State Administration for Industry and Commerce, on ） 3. Procedures for the Registration and Administration of Collective Marks and Certification Marks (No. 6 Order of State Administration for Industry and Commerce, on ) 4. Recognition and Protection of Well-known Trademarks Provisions (No. 5 Order of State Administration for Industry and Commerce, on ) 5. Measures on the Record-filing and Administration of Olympic Symbols (No. 2 Order of State Administration for Industry and Commerce, on )

6. Measures regarding Administrative Enforcement on Patent Matters (No. 19 Order of State Intellectual Property Office, on ) 7. State Intellectual Property Office, Administration of the Record Filing of Patent Licensing Contracts Measures (No. 18 Order of State Intellectual Property Office, on )

(V) Normative documents on General Administration of Customs 1. Supplementary Proclamation of the Intellectual Property Customs Approving the Olympic Symbols on Record-filing. ( ) 2. Customs for the Archival Filing on Shanghai World Expo Mascot in 2010 of China ( ) 3. Auction the Confiscated Goods that Violate Intellectual Property Rights ( ) 4. Customs for the Archival Filing on Shanghai World Expo Logo Marks in 2010 of China ( ) 5. General Administration of Customs for the Archival Filing of the Slogan and Mascots of the 29th Olympic Games ( ) 6. General Guarantee of Customs for the Archival Filing on Accepting the Intellectual Property ( ) 7. Proclamation of Taking over Goods infringing Intellectual Property which may not be investigated thoroughly （ ） 8. On Charging the Customs Archival Filling of Intellectual Property ( )

（ ） 9. Implementing Measures of “Regulations of the People’s Republic of China on Customs Protection of Intellectual Property” by the General Administration of Customs ( ) 10. The Customs Archival Filing of the Beijing Organizing Committee for the Games of the XXIX Olympiad Crest( ) 11. On Publishing of ( ) 12. Relevant Measures on Effective Implementation of the Customs Protection on Olympic Symbols ( )

State laws (3) Judicial interpretation of the Supreme People’s Court (8) Administrative regulations of State Council (8) Government regulations and normative documents (7) Proclamation of the General Administration of customs (12) Legal framework of customs intellectual property protection (38)

Patent right (6) Copyright (6) Trademark right (9) Symbol, crest, mascot （ 10 ） Others (7) Legal framework of customs intellectual property protection (38)

Thanks for the information offered by Doctor LIN Yanhua of Shanghai Intellectual Property Development Center Professor JIANG Po, the Director of the Intellectual Property Center of Shanghai University of Political Science Ｅ－ｍａｉｌ：ｊｉａｎｇｐｏ＠ｏｎｌｉｎｅ．Ｓｈ．Ｃｎ E N D