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 Complaint Machinery |
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- Based on national Intellectual Property Rights Protection for Exhibition, this measure of complaint is established in order to maintain SINOCES normal exhibition order and protect exhibitors' legal rights and interests.
- The Complaint Regulatory Orgnization (abbre. CRO) is the sole department set by the organizing committee of SINOCES to deal with complaints about intellectual property rights. Qingdao Intellectual Property Rights Bureau, Qingdao Copyright Bureau, Qingdao Customs, Laoshan Branch of Qingdao Bureau of Industry and Commerce and other government departments will set up a group on intellectual property rights and assist to process individual case.
- CRO can only receive a case, which is a suspected infringement, occured in the exhibition region during 2008SINOCES.
- Any dispute concerning intellectual property rights occurred in the exhibition hall during 2008SINOCES will be handled according to this measure. Those who personally process a case with the suspected infringement side, thus affecting the normal exhibition order will be punished.
- Exhibitors must pledge none of their exhibition articles, packing, propaganda materials and exhibition positions violate relevant laws and regulations in various aspects or encroach upon other people's rights, including intellectual property rights. For those who encroach upon other people's rights must agree to pay for all the expenses and losses for both sides.
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| Complaint Procedure |
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- Attendees of 2008SINOCES who have the valid certificates may complain to the organizing committee about any suspected infringement such as exhibits, propaganda materials or any demonstration point.
- One must present the possessing rights to CRO staff when he complains. CRO does not conduct repeated case proposed by the same complainant on the same issue.
- When the above related documents are examined effectively by CRO staff, the complainant should fill in the requested Proposed Complaint Book.
- After receiving the Proposed Complaint Book, CRO will arrange to deal with the target case. Representatives of the accused side should assist CRO to handle the case concerned.
- CRO will adopt inversion principle when processing a suspected infringement case as to patent or copyright rights. After receiving the inform about its exhibits, propaganda materials or any demonstration point is a suspected infringement, the accused side must present the valid certificate or other evidence immediately to prove its legal possession and assist CRO to check the concerned suspected infringement.
- If the accused side is unable to provide the valid evidence to prove its non- infringement, CRO may have the rights to withhold the concerned exhibits temporarily.
- If the accused side has the objection towards the processing result made by CRO, it may presents the supplementary evidence to prove its non- infringement to CRO in one working day. If the evidence is valid, CRO must return the withheld exhibits and allow them to continue the exhibition. If the evidence is invalid or no supplementary evidence is provided, the organizing committee will confiscate the withheld exhibit and terminate exhibition of it.
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| Terms Explanation |
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- Intellectual property rights: based on Intellectual Property Rights Agreement Related with Trade ofWTO, Intellectual Property Rights here include:
1）Copyright and related rights
2）Trademark rights
3）Geography symbol rights
4）outward Appearance design rights of industrial products
5）Patent rights
6）Integrated circuit design rights
7）Concealed information protection rights
- Exhibitors--According to this measure, exhibitors undertaking the suspected infringement responsibility refer to those enterprises which officially use the exhibition booths. No matter the direct suspected infringement is caused by the enterprise itself, its branch, its joint management unit, its supplying unit or its cooperating unit, the exhibitor should be responsible for the charges listed in this measure.
- Certificate Document—aims at testifying the possessing power of a certain intellectual property right, including the relevant certificate documents in national laws and regulations and the required evidence provided by both sides.
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Others
No matter CRO has punished the accused side or not, after the closing of 2008 SINOCES, any further legal actions taken by the complainant towards the accused side has no more relations with SINOCES.
The explanation authority of this measure is owned by the organizing committee of SINOCES. |
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| Proposed Complaint Book |
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