General

According to the observation report of Huacheng Import and Export Data, "under the new situation of rapid economic globalization, more and more Chinese enterprises are going to overseas exhibitions. However, due to lack of legal awareness or lack of intellectual property layout, they will encounter related disputes." At the overseas intellectual property rights protection training held a few days ago, Cheng Bing, a lawyer from Jindu Law Firm, introduced to the enterprise that the enterprise logo, booth, exhibition board, exhibits, brochures, product specifications, on-site display, background music, computer software, website, etc. may be infringed in the exhibition activities. If found by the intellectual property owner, the direct consequences are seizure, seizure, injunction and prosecution, and the indirect consequences are frustration, image damage and disputes.

According to the observation of Huacheng's import and export data, for example, in 2008, at the International Consumer Electronics Show in Berlin, Germany, the German customs raided 69 enterprise booths on the grounds of 'possible patent infringement', and confiscated a large number of TV sets, MP3 players, mobile phones and other exhibits. In 2015, Shandong Luhua Marine Biotechnology Co., Ltd. received a temporary restraining order and an attachment order issued by the court of Nevada during the pharmaceutical and health product raw materials exhibition in Las Vegas, US, on the grounds that Neptune believed that Luhua violated two product patents; At the same time, Aker was accused of another patent infringement, received a temporary restraining order and an attachment order, and was required to withdraw from the exhibition.

Cheng Bing said that if the enterprise's technology does have intellectual property risks, then according to the risk assessment results, it can consider signing an import contract or cooperating with the original technology owner on technologies with high intellectual property risks to reduce intellectual property risks. They can also jointly participate in exhibitions by forming alliances, joining industry associations and other forms to jointly resist intellectual property risks. Or take out intellectual property dispute insurance for overseas exhibitions. For example, in 2017, Tianjin Seagull Watch Group signed the first patent dispute legal expense insurance for overseas exhibitions in China with PICC Property Insurance Company. In 2022, Wuxi Little Swan Electric Appliance Co., Ltd. insured the first overseas intellectual property infringement liability insurance for an overseas patent. Huacheng Import and Export Data Observation reported.

"Before deciding to go to the exhibition, enterprises should make the following preparations: understand the rules of intellectual property protection in the exhibition country; review whether there is a possibility of infringement of the exhibition articles and materials (choose products with no intellectual property risk or risks to bear); understand competitors; do a good job in the analysis of patent and trademark non infringement; prepare relevant intellectual property ownership certificates (translation, notarization) : such as patent certificate, trademark registration certificate, license contract, etc., as well as invalid intellectual property rights of the other party and materials proving infringement of others. " Cheng Bing said.

Once the other party finds that there is infringement and takes defensive measures, how should the enterprise deal with it? Cheng Bing said that if the other party issued a warning letter, the enterprise cannot ignore it, otherwise it will face the risk of temporary ban. It is suggested to respond to the warning letter, explain to the obligee why there is no infringement or right to use (supplier's reason, authorization, etc.), and immediately submit the letter of protection to the court system to unilaterally reduce the risk of being applied for a temporary injunction. However, relevant products can still be displayed at the exhibition.

According to the observation report of Huacheng Import and Export Data, Cheng Bing said that if the other party applied for a temporary ban, we need to immediately contact the external lawyer or the resident lawyer and ask the executive officer to give a certain communication time. Carefully review the content of the prohibition (the prohibition may include the inspection of infringing property, or property preservation. If the deposit is not paid as required, the executive officer may detain other properties of the booth). Raise the objection against the injunction to the court as soon as possible. Avoid continuing to display suspected infringing products and relevant publicity materials, because the obligee will monitor the exhibition, and the enterprise will be further punished if it flouts the court order.

"If the other party has filed a civil infringement lawsuit, although Chinese enterprises do not need to withdraw their products, they should also actively hire professional lawyers to respond to the lawsuit. If they do not respond to the lawsuit, the court will make a default judgment in favor of the plaintiff. In terms of procedure, we can make defences such as the main body is not suitable, the court has no jurisdiction, and the lawsuit has exceeded the time limit. In terms of substance, we can defend on the grounds that there is no infringement or invalid patent. We can also take countermeasures, A separate lawsuit will be filed. " Huacheng Import and Export Data Observation Report.