Protection of Intellectual Property Rights at Marintec China.
[FOR EXHIBITORS ONLY]
The Organisers, UBM Asia Ltd have a procedure in place at fairs and exhibitions organised by the Organisers in People’s Republic of China (“PRC”) (“Exhibitions”) to address complaints made by exhibitors at the Event (“Exhibitors”) that products on display at the Exhibitions infringe their (or their group companies or principals) intellectual property rights. The procedure is aimed solely at assisting individual exhibitors to protect their intellectual property rights and to respect the intellectual property rights of others.
In this respect, all exhibitors are required to strictly comply with the procedure set out below and the Standard Rules & Regulations regarding the protection of intellectual property rights. In particular, the following provisions in Clause 5 of the Standard Rules & Regulations:
“The Exhibitor shall not exhibit at the Exhibition any counterfeit goods or, any goods which infringe any third party’s intellectual property rights (“Infringing Goods”) or any goods which are prohibited or restricted by local laws or regulations (“Prohibited Goods ”) or any goods which in their manufacture or production fail to comply with the Convention on International Trade in Endangered Species of Wild Life Flora and Fauna (“CITES”) or any other international standards, regulations and legislation in respect of ethical slaughtering and conservation of endangered species, including without limitation standards issued by the World Conservation Union (“ICUN”) (“Unethical Goods”). The Organisers shall have the right, without recourse, to physically remove any goods which it or any PRC court or relevant authority deems to be Infringing Goods, Prohibited Goods or Unethical Goods, to cancel the Exhibitor’s right of participation and/or to close down the Exhibitor’s exhibition stand and in any such event, the Exhibitor shall have no financial or other claim against the Organisers.
The Exhibitor agrees to indemnify and hold harmless the Organisers on demand against all claims, liabilities, losses, suits, proceedings, damages, judgments, expenses, costs (including legal fees) and charges of any kind howsoever incurred by or on behalf of or made against the Organisers arising out of the Exhibition of any Infringing Goods or Prohibited Goods or Unethical Goods by the Exhibitor, or acts by third parties as a consequent thereof.”
The rules and regulations set out in this brief are supplementary regulations in addition to the Terms & Conditions of the Standard Rules & Regulations and form part of the Exhibition Contract signed by exhibitors with the Organisers. This brief and the Standard Rules & Regulations can be accessed via the Organisers’ website, www.marintecchina.com.
Outline Procedure for exhibitors
1. If you would like to make a complaint involving an alleged infringement of your intellectual property rights, your complaint should be referred to the Exhibition Operations Office.
2. If you receive a complaint at your stand from an Exhibitor, you should refer the complainant to the Exhibition Operations Office.
3. Complainant must, at the time of filing their complaints with the Exhibition Operations Office, provide the following documentary evidence to substantiate their claims:-
a) Trade Mark
Original or certified copy of a valid Certificate of Registration of Trade Mark that is enforceable in a PRC Court, including any renewal certificates or proof of renewal.
b) Registered Design
Original or certified copy of a valid Certificate of Registration of Design that is enforceable in a PRC Court, including any renewal certificates or proof of renewal.
Original or certified copy of a valid Certificate of Grant of Patent that is enforceable in a PRC Court, including any renewal certificates or proof of renewal, together with a written opinion from the complainant’s PRC patent agent or legal advisor that the PRC patent is valid and infringed by the display of the Exhibitor’s product or material in dispute during the Exhibitions.
d) A Court Order issued by a PRC Court against the Infringing Goods.
e) An authorisation letter or power of attorney from the right owner if the complaint is filed by an agent on behalf of the intellectual property right owners.
In addition, the Complainant must submit a completed “Complaint Form ” setting out the details of the complaint including: the Exhibitor’s name, stand number, date, complainant’s name, a brief description of the nature of the complaint and a description of the product(s), photograph(s) or product catalogue of the product(s) the subject of the complaint.
4. If the Organisers are satisfied, on the basis of the documents provided, that the Complainant’s intellectual property rights are valid and the Exhibitor has a case to answer, the Organisers will notify the Exhibitor involved of the claim and require the Exhibitor to remove the product or any material in question immediately from their stand and for the remainder of the Exhibitions unless the Exhibitor can provide evidence to the satisfaction of the Organisers that he/she has the right to display the product or material in question. It should be noted that such procedure is purely an administrative procedure undertaken by the Organisers to assist the Complainant and the Exhibitor to resolve their dispute during the Exhibitions. It is not to be construed as any indication that the Exhibitor has infringed the intellectual property rights of the Complainant. The Complainant and the Exhibitor must seek independent legal advice and an appropriate order from the PRC Court if such an indication is required.
5. If a Complainant produces an Order from the PRC Court in respect of the product or material in dispute, the Organisers will require the Exhibitor to remove the product or material in question immediately from their stand and for the remainder of the Exhibitions, unless the Exhibitor can provide evidence to the satisfaction of the Organisers that the goods in question do not fall within the terms of the Order or that he/she has the right to display the product or material in question, notwithstanding the terms of the Order.
6. If the Exhibitor refuses to cooperate with the Organisers in completing the procedures outlined in paragraphs 4 and 5 above, the Organisers shall have the power, at its sole and absolute discretion, to immediately terminate the Exhibitor’s right of participation in the Exhibitions in question without any refund of the participation fee already paid by the Exhibitor and to ban the Exhibitor or any parent, associate, affiliated and/or subsidiary company from any and/or all future Exhibitions of the Organisers.
7. It is expressly understood and agreed by all Complainants and Exhibitors that the Organisers, their servants and agents are not in any way liable for any intellectual property infringement during Exhibitions. While the Organisers will take reasonable steps to require Exhibitors to respect the Complainant’s intellectual property rights, the Organisers cannot take a view as to whether an infringement has actually occurred. Complainants and Exhibitors must seek their own independent legal advice and an appropriate order from the PRC Court if their dispute cannot be resolved under the Organiser’s complaint’s procedures.
8. Complainants agree and irrevocably undertake to indemnify the Organisers on demand against any or all claims, liabilities, losses, damages, costs (including legal fees) and expenses of any nature whatsoever incurred or suffered as a result of or howsoever arising out of the complaints filed by Complainants.
The Organisers expressly reserve their right to amend the rules and regulations set out in this brief from time to time.
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