REGULATION FOR PROTECTION OF INTELLECTUAL PROPERTY RIGHTS DURING EXHIBITION
Aiming at protecting the intellectual property rights (the "IPR") including patent, trademark, copyright etc. during Exhibition, this regulation (the "Regulation") is formulated in accordance with the Measures for Protection of Intellectual Property Rights jointly promulgated by Ministry of Commerce, State Administration of Industry and Commerce, State Copyright Bureau and State Intellectual Property Office on March 1, 2006.
In order to protect the IPR and to promote the healthy development of Prolight + Sound Shanghai (the "Exhibition"), the Organisers of the Exhibition (the Organisers ) will invite the officers from Shanghai Bureau of Intellectual Property (for infringement of patent and copyright) and Shanghai Administration of Industry and Commerce (for infringement of trademark) and lawyers specialized in IPR protection to compose the Complaint Review Panel (the "CRP"). The CRP will be responsible for consultancy service related to IPR, and reviewing the IPR disputes happened during the Exhibition in accordance with the IPR disputes handling rule stipulated below and the laws and regulations in respect of IPR.
Acceptance of Complaint
If the exhibitor deems that the products exhibited (the "Exhibits") by any other exhibitor infringe its patent, trademark or copyrights, he / she may file complaint with the CRP and shall submit to CRP and be liable for the following materials:
1. Legitimate and effective certificate or title in respect of the IPR, including but not limited to, i) where a patent infringed, the certificate of patent, the copy of public notice of patent, the certification on the legal status of the patent and the Identity certification of patentee; ii) where a trademark infringed, the trademark registration documents which is confirmed by the signature of complainant and the identity certification of the trademark holder; or iii) where copyright infringed, the certificate of copyrights, identity certification of copyright holder. (Documents evidencing patent-related rights, including patent specification of invention and utility model, or pictures and photographs of design, which are made public by State Intellectual Property Office of P.R.C; search reports of existing patent law or the count erpart of patent registry etc.)
2. The name of Exhibits in question, name and booth number of respondent;
3. Copy of business license of complainant, if the complainant is not the IPR holder, the complainant shall provide a copy of license agreement in respect of such IPR;
4. Evidence and cause against the infringement;
5. If the complaint is raised by attorney of exhibitor, the Power of Attorney shall be submitted; and
6. Any other materials the CRP may require. The complainant shall warrant that all the materials are authentic and effective, and shall indemnify the respondent, and be liable for any loss and damage resulting from the unauthentic complaint materials or any other unfaithful complaint.
If any of the following occurs, the CRP shall not accept the complaint:
1. The materials submitted by the complainant do not meet the CRP`s requirement and the complainant does not supplement the relevant materials required after notified by the CRP.
2. The complainant or claimant has filed litigation in connection therewith in a court.
3. The proceeding to declare the invalidity of patent is pending
4. There is any dispute in respect of the patent, which is in court session or the proceeding by patent administration;
5. The patent has expired and the patentee is resuming the patent.
6. The trademark is invalid or has been revoked.
7. Any other circumstances that CRP deems inappropriate to accept a complaint. Subsequent to the receipt of complaint materials required, the CRP shall notify the respondent and request it to response within half or one day. The respondent declining the complaint shall submit the relevant evidence; otherwise, it shall promptly withdraw the Exhibits in question and never re-exhibit the same. If the respondent does not submit the relevant evidences, or the materials submitted can not prove that it does not infringe any IPR, nor does the respondent withdraw the Exhibits in question, the CRP shall have the right to request the respondent to: i) suspend the display of such Exhibits; ii) destroy and
suspend distribution of advertising material of such Exhibits; and iii) to remove the exhibiting board of such Exhibits. If the respondent objects to the aforementioned measures, the CRP may send complaint materials and relevant information to the competent administration of IPR for handling in accordance with the law. Subsequent to the end of exhibition, the complainant shall resolve such IPR dispute through the court or
administration of IPR; otherwise, the CRP will not accept the complaint with respect to the same Exhibits in the Exhibition thereafter.
The Organisers shall have the right to revoke the exhibiting qualification of the exhibitor that displayed the Exhibits in question for times and adversely affects the reputation of Exhibition. The CRP shall coordinate and cooperate with the administration of IPR and reserve the rights to take necessary actions in accordance with the actual situation.