July-06
author:Bijia
In recent years, more and more domestic enterprises use the product exhibitions and other foreign exhibitors to sell their own products, but in the process of exhibitors also encountered a lot of legal problems, and some even suffered the exhibition products were seized on the spot.Even the embarrassing situation of being prosecuted.
In general,enterprises in foreign exhibitors will encounter the following legal aspects of intellectual property issues:
Booth design, advertising manuals, promotional slogans, pictures, etc., such as product brochures, live demonstrations with software or background music, etc., if handled improperly vulnerable to infringement of the copyright of the parties.
Improper use of another person's registered trademark, easy to infringe the trademark of the parties, especially the well-known trademark rights.
Product design to participate in the exhibition of products are generally the most advanced results, so a large part of which is patentable. This is also the most likely to produce legal issues in the exhibition place.
Fully prepared before the exhibition:
In order to avoid intellectual property disputes at international exhibitions,it is very important for Chinese companies to understand and become familiar with the relevant intellectual property laws of participating countries,conduct the necessary legal advice before exhibiting,and even hired professional lawyers in this area to provide counsel advice on intellectual property issues in the host country.
The exhibitor should be obliged to provide the necessary consulting services. The exhibitor will also consult with the legal adviser or lawyer of the exhibitor, and may also use the Internet to search the law enforcement agencies and enforcement of the intellectual property protection legal system and intellectual property law of the participating countries Procedures, as far as possible to reduce intellectual property disputes, reduce losses.
When atten the foreign exhibitors, we must bring the business license, product written materials, product patent certificate, patent license, registered trademark certificate and other documents. If the exhibits have been certified by the court or the authority to prove that there is no evidence of infringement in the event of a dispute over the previous dispute, these documents may be useful if the intellectual property dispute is repeated again.
In large international exhibitions, if foreign enterprises find infringement of intellectual property rights, lawyers will generally issue a warning letter or issued by the court a temporary injunction. The warning letter issued by the lawyer includes a description of the specific infringement, a declaration that the other party is required to stop the infringement, and the penalty clause. At the same time, often with a lawyer bill. If the Chinese exhibitors receive such warning letters, we must first make two judgments:
First, whether there is exhibits infringement
Second, the subject value is set too high
If you believe that the warning is reasonable, the product is indeed infringing, or the possibility of infringement, you can conditionally signed; if you insist that they do not infringe, you must not sign, you can also issue a counter-warning to the other or to the court to submit a protective letter. In addition, companies that have signed warning letters are required to bear the costs of entrusting lawyers to warn right holders. The checklist of confiscated infringing exhibits requires a checklist to see if it is consistent with the infringing exhibits in order to serve as a basis for future proceedings.
The warning letter is not a mandatory procedure under the law, and the right holder can file a lawsuit without warning.
Bi Jia Exhibition is a professional exhibition company dedicated to exhibition planning, exhibition design decoration, booth design and layout. It has a group of high-quality exhibition professional talents who are highly active and highly skilled and skilled in the exhibition project. , Enterprising "spirit, professional planning and promotion, strict operation and management, excellent quality of service by the industry and the community well received. Bi Jia exhibition will be in the spirit of "professional and efficient, pragmatic and enterprising" spirit, serving the cause of China's exhibition, to promote China's exhibition economy to further develop and grow and make unremitting efforts!
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