IPR Protection at Trade Fairs

Thousands of European SMEs based in Europe and China participate in trade fairs and exhibitions in China each year. Trade fairs offer the opportunity for European companies to showcase their products and identify new clients. Many companies, however, witness their IP being infringed at events in China. It can be a challenging issue to resolve but there are processes that can be put in place to:

1. minimise the risk of being infringed
2. maximise the chance of a successful outcome if you do experience infringement

The China IPR SME Helpdesk’s experts recommend the following actions to companies who plan to visit a trade fair or exhibition in China.

Steps to Take Before the Trade Fair

• Determine your strategy well in advance of the trade fair, i.e. do you plan to take enforcement action at the trade fair or use the fair as an opportunity to gather evidence and build a case?
• Identify your key IP assets (trademarks, patents, copyright) and register your rights in China at the earliest possible opportunity.
• If you plan to take action at the trade fair, prepare the required documents – some may need to be notarised and legalised which can take several months.
• It may well be worth considering protecting your Intellectual Property by keeping your most valued IP assets a ‘trade secret’. Trade secrets often protect valuable technical information that cannot be sheltered under other forms of intellectual property law.

At the Trade fair: Be Proactive

• Visit the trade fair during the set-up phase and visit known, past or suspected infringers. Being aware of the ‘usual suspects’ and using the fair as a chance to make in-depth investigations and gather evidence may be as valuable as taking enforcement action at the trade fair.
• Know where the relevant IP authorities are located and make contact, particularly if your agents/lawyers have a good working relationship with them.
• If you do discover infringement and you have all your documents present and in order, use the system that’s in place and take the necessary enforcement action.

After the Trade Fair

• Follow up on evidence gathered or actions taken at the trade fair.
• If you did take action at the trade fair, follow up with the authorities and conduct follow up investigations to check if the infringer has halted the infringing activities.
• Take additional / further enforcement action if necessary.

To download our comprehensive ‘How to protect your IPR at trade fairs in China’ Handbook, please visit www.china-iprhelpdesk.eu

 

Case study:  The removal of infringing goods from a trade fair

Case background

An Austrian SME attended a textile industry trade fair in China. On the opening day of the trade fair they took a tour of the exhibition and noticed that there were at least two Chinese participants displaying products very similar to their own. The Austrian company believed that some of their own products’ patents were being infringed.

Action taken

The SME visited the official IPR office at the fair and completed a complaint form providing full details of the suspected infringement. Additional documents they were required to provide included:

• proof of their patent ownership (patent certificate)
• copies of receipts showing that annuities for the patents had been paid
• a power of attorney in favour of the person filing the complaint
• notarised copies of the company incorporation documents

Please note that without a registered patent, it would not be possible to successfully file a complaint at the trade fair for alleged patent infringement.

Outcome

Following thorough examination of the document, the IP Official was satisfied that they had proven their ownership of the patents in question and that there was enough cause to believe that their IPR had been infringed. The IP Official proceeded to approach the alleged infringers to inform them that a complaint had been filed against them and, as per trade fair practice, the infringers were given 24 hours to respond to the claim. In this case the response was insufficient and the trade fair organiser removed the infringing products from the exhibition booth.

 

Infringement Flashpoints & Lessons:

1. Ensure that you have registered your IP rights in China. If you want to successfully file a complaint at a trade fair you must provide evidence of ownership of the trademark or patent in question.
2. Carefully read the contract you sign with the organisers and find out if there will be an IPR office at the trade fair. Enquire into what documentation requirements are needed to have a complaint accepted.
3. If you want to take enforcement action at the trade fair you are attending you must prepare all documents in advance. Allow at least a three month window to prepare all documentation.

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