Chapter III Patent Protection during Exhibition
Article 16Where any office in charge of IPRs complaints requires the assistance of any local intellectual property bureau, the local intellectual property bureau shall provide positive cooperation and participate in the IPRs protection during the exhibition. The local intellectual property bureau may carry out the following work during the exhibition:
(1)Accepting a complaint of suspected infringement on IPRs is transferred by the office in charge of IPRs complaints in the exhibition, and handling it according to the relevant provisions and regulations of the patent law;
(2)Accepting the claim of treatment for any dispute over suspected infringement on patent relating to any exhibited item and handling it according to the provisions of Article 57 of the Patent Law; and
(3)Accepting the tip-offs on any suspected counterfeit of other's patent or imitated patent relating to any exhibited item, or investigating and handling any action of counterfeit of other's patent or imitated patent relating to any exhibited item by authority , and giving a punishment according to the relevant provisions of Articles 58 and 59 of the Patent Law.
Article 17Under any of the following circumstances, the local intellectual property bureau may not accept any complaint of patent infringement or claim for treatment:
(1)Where a complainant or claimant has filed a lawsuit of patent infringement to the people's court;
(2)Where any patent is in the requiring procedures for declaring invalidation of patent right;
(3)Where any dispute over the ownership of the patent right is in the trial procedures of the people's court or in the mediation procedures of the administrative department of patent; or
(4)Where any patent right has been terminated and its owner is attempting to resume the patent right.
Article 18The local intellectual property bureau shall, when notifying the respondent to a complaint or claim, conduct instant investigation for obtaining the evidence, read and copy the relevant documents relating to the case, inquire of the parties concerned, carry out on-the-spot inspection by such means as camera shooting or video camera shooting, or collect the evidence by sampling.
The local intellectual property bureau shall, when collecting the evidence, make the note that shall have the signatures or seals of relevant undertaker and parties concerned under investigation for evidence collection. Where any party concerned under investigation for evidence collection refuses to render his signature or seal on the note, the reason shall be indicated on the note. Where any other person is on the spot, he may render his signature on the note at the same time.
Chapter IV Trademark Protection during an Exhibition
Article 19Where an office in charge of IPRs complaints during an exhibition requires the assistance from the local industry and commerce administrative department, the latter organ shall provide active cooperation and participate in the IPRs protection work during the exhibition. The following works during the exhibition by the local industry and commerce administrative department may include:
(1)Accepting complaints of suspected infringement on trademark transferred by the office in charge of IPRs complaints during the exhibition and handling them according to the relevant provisions of laws and regulations on trademark;
(2)Accepting complaints of infringement on the right to exclusive use of trademark in accordance with the provisions of Article 52 of the Trademark Law; and
(3)Investigating and punishing any case involving trademark irregularity by authority.
Article 20Under any case of the following circumstances, the local industry and commerce administrative department may refuse to accept any complaint or claim for treatment concerning infringement on the right to exclusive use of trademark:
(1)Where a complainant or claimant has filed a lawsuit of trademark infringement to the people's court; or
(2)Where any right of trademark has been invalidated or cancelled.
Article 21The local industry and commerce administrative department may, after deciding to accept any complaint or claim, carry out the investigation and treatment according to the relevant provisions of laws and regulations on trademark.
PRC Protection Measures for Intellectual Property Rights during Exhibitions(2)
Editor:at0086 | Resource:AT0086.com
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