Intellectual Property Rights

 
Chapter I General Provisions
Article 1. These Measures are formulated in accordance with the Civil Code of the People's Republic of China, the Patent Law of the People's Republic of China, the Trademark Law of the People's Republic of China, the Measures for the Protection of Intellectual Property Rights at Exhibitions, and other relevant laws and regulations, for the purposes of effectively carrying out intellectual property protection work during the China International Sporting Goods Show (hereinafter referred to as "the Show"), regulating the management of intellectual property protection at the Show, enhancing the intellectual property protection awareness of exhibitors, safeguarding the lawful rights and interests of exhibitors in intellectual property, maintaining normal order at the Show, and creating a favorable business environment.
Article 2. These Measures constitute an integral part of the series of "administrative normative documents" formulated by the Intellectual Property Affairs Management Department of the Organizing Committee of the Show. All exhibitors shall fulfill their intellectual property protection obligations at the Show in accordance with the Exhibitor Manual and these Measures.
Article 3. Exhibitors shall ensure that all their exhibits, packaging materials, promotional materials, and any displays at their booths do not violate relevant intellectual property laws and regulations and shall indemnify and hold harmless the Organizer against all expenses or losses arising from any intellectual property infringement claims resulting from the exhibitor's conduct. The Organizer has the right to conduct intellectual property infringement investigations on exhibitors in accordance with relevant management regulations and make corresponding decisions.
Article 4. During the Show, the Organizer accepts complaints regarding suspected intellectual property infringement within the exhibition venue in accordance with these Measures and other relevant management regulations. Where any party directly negotiates with the suspected infringing party without going through the Organizer, thereby causing disputes within the exhibition venue and affecting the normal order of the Show, the Organizer has the right to take measures such as evicting the personnel causing the dispute from the exhibition venue and suspending the exhibition qualifications of the booth involved in the dispute, and to pursue corresponding legal liability.
Chapter II Complaints and Acceptance
Article 5. The Organizer of the Show establishes an intellectual property dispute handling institution, which is responsible for providing intellectual property consultation, coordination, and handling of suspected intellectual property infringement occurring at the show site during the Show. The intellectual property dispute handling institution shall be composed of Organizer personnel and intellectual property professionals. Where necessary, the Organizer of the Show may request the local department in charge of intellectual property work at the Show location to send personnel to participate.
Article 6. The intellectual property dispute handling institution of the Show accepts the following complaints:
(1) patent infringement disputes;
(2) disputes over the infringement of exclusive rights to use registered trademarks;
(3) copyright infringement disputes;
(4) other intellectual property disputes that require acceptance.
Article 7. Complaints shall meet the following conditions:
(1) the complainant is a right holder or an interested party;
(2) the complained party is an exhibitor at the current show;
(3) there are specific complaint matters with clear facts and reasons;
(4) no lawsuit has been filed with a people's court or no request for handling has been submitted to relevant government competent authorities.
Article 8. Where a complaint is filed with the intellectual property dispute handling institution, the complaint materials shall generally include:
(1) a Complaint Application Form, including the basic information of the complainant and the complained party, and the facts, reasons, and relevant evidence materials regarding the suspected intellectual property infringement of the complained exhibition project;
(2) valid intellectual property ownership certificates, including patent certificates, patent grant announcement texts, proof of identity of the patentee, trademark registration certificate documents, proof of identity of the trademark right holder, geographical indication announcements, proof of lawful user of geographical indication special marks, and other proof materials regarding the legal status of intellectual property rights;
(3) where an agent is entrusted to file the complaint, a power of attorney and proof of identity of the agent shall also be submitted, and the power of attorney shall be signed or affixed with the seal of the principal, specifying the entrusted matters and scope of authority;
(4) other necessary proof materials.
The intellectual property dispute handling institution may provide links to standardized forms or web pages according to work needs.
Article 9. The intellectual property dispute handling institution shall conduct a preliminary review of the materials submitted by the complainant. Where the materials do not meet the requirements of these Measures, the intellectual property right holder or interested party shall be promptly notified to supplement the materials. Where the materials are not supplemented as required, the complaint shall not be accepted.
Article 10. Where a complainant submits false complaint materials or causes losses to the complained party due to false complaints, the complainant shall bear corresponding legal liability, including compensation for losses. Article 11. After being informed that its exhibited products are suspected of infringement, the complained party shall submit written response materials and relevant evidence within a 24-hour response period. Where the complained party fails to submit response reasons and valid evidence regarding the non-infringement of its suspected infringing exhibits within the response period, and the intellectual property dispute handling institution considers that intellectual property infringement is suspected, the intellectual property dispute handling institution has the right to take temporary emergency measures such as shielding, covering, or removing the suspected infringing exhibits, and has the right to suspend the exhibition of the infringing exhibits.
Article 12. After accepting a complaint, where the intellectual property dispute handling institution deems it necessary, it may conduct inspections, photography, audio recording, video recording, and other evidence collection activities at the booths, exhibits, packaging, and brochures of the complainant and the complained party.
Article 13. The Organizer of the Show or the intellectual property dispute handling institution may conduct mediation in accordance with the wishes of both parties.
Article 14. Where mediation fails or the parties are unwilling to mediate, the Organizer or the intellectual property dispute handling institution shall, within 4 hours after the expiration of the response period of the complained party, conduct a comparative analysis of whether the complained exhibition project constitutes infringement, and issue an infringement determination opinion.
Article 15. Where the Organizer or the intellectual property dispute handling institution determines that infringement is established, it shall, within the same day (at the latest before the audience enters the exhibition venue on the following day), take measures such as removing or concealing the infringing items, concealing the identifying marks of the exhibits, and deleting, blocking, or disabling network links regarding relevant infringing elements. Where the complained party refuses to cooperate, the Organizer has the right to temporarily detain (seal and store at another location) the infringing carriers, remove the infringing exhibits, and assist the complainant in carrying out rights protection activities. The Organizer or the intellectual property dispute handling institution has the right to coordinate relevant administrative authorities and public security organs to participate in the infringement determination work of the Organizer or the intellectual property dispute handling institution when necessary, and has the right to transfer relevant clues of illegal and criminal activities to relevant administrative authorities and public security organs.
Article 16. Where the Organizer or the intellectual property dispute handling institution determines that infringement is not established, it shall explain the reasons to the complainant and form a handling decision for signature by the complainant and the complained party. Where the complainant refuses to accept the relevant handling decision, the complainant may safeguard its rights through other lawful channels, but shall not affect the normal order of the Show; otherwise, the Organizer or the intellectual property dispute handling institution has the right to remove relevant personnel and exhibits, and revoke the exhibitor qualification of the complainant.
Article 17. The following circumstances may be transferred by the Organizer or the intellectual property dispute handling institution to relevant authorities for handling:
(1) the complainant has already filed a complaint regarding suspected infringement with an intellectual property administration department or other administrative authorities, or has filed a lawsuit with a people's court;
(2) there is an obvious dispute over the ownership of intellectual property rights;
(3) the relevant exhibitor or exhibits are suspected of illegal or criminal activities.
Article 18. Where the complained exhibits have already been subject to a judgment or decision by a people's court or an administrative department in charge of intellectual property work determining that infringement is established, and such judgment or decision has become legally effective, the intellectual property dispute handling institution has the right to immediately make a decision to stop the exhibition of such exhibits.
Article 19. The complainant and the complained party shall implement the handling decision of the intellectual property dispute handling institution after receiving written notice from the intellectual property dispute handling institution. Neither the complainant nor the complained party may request a refund of exhibition fees on the grounds that the handling decision is unfavorable to them.
Article 20. Under any of the following circumstances, the Organizer has the right to revoke the exhibitor's qualification for the current Show, and the exhibition fees shall not be refunded:
(1) the complainant or the complained party refuses to cooperate with the investigation work of the intellectual property dispute handling institution;
(2) the complainant or the complained party refuses to implement or delays implementing the handling decision of the intellectual property dispute handling institution;
(3) after being subject to infringement handling, the complained party exhibits the same products again at the same show.
Article 21. Where a case has not been concluded by the end of the Show, the relevant facts and evidence of the case may be confirmed by the Organizer of the Show, and the complainant may file a complaint with an administrative authority or file a lawsuit with a people's court having jurisdiction.
Article 22. Where an exhibitor is determined to have committed intellectual property infringement at the Show, the Organizer has the right to revoke its exhibitor qualification for any session of the Show. Article 23. These Measures shall take effect as of the date of promulgation. Disputes arising from the application of these Measures shall be governed by the laws of the People's Republic of China.
Article 24. The power to interpret these Measures shall reside with the China Sporting Goods Federation.