State Intellectual Property Office Circular of the State Intellectual Property Office on Printing and Issuing the Measures of the State Intellectual Property Office Guo Zhi Fa Guan Zi [2005] No. 128 To intellectual property offices of various provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Notice is hereby given that: in order to regulate work related to exhibitions of the State Intellectual Property Office, strengthen State Intellectual Property Office December 6, 2005 Measures of the State Intellectual Property Office for Administration of Exhibitions Chapter 1 General Provisions Chapter 2 Application and Undertaking Chapter 3 Organization and Administration Chapter 4 Protection of Intellectual Property Rights at Exhibitions Chapter 5 Legal Liability Chapter 6 Supplementary Provisions Chapter 1 General Provisions Article 1 These Measures are formulated to regulate work related to exhibitions of the State Intellectual Property Office and strengthen the Article 2 These Measures shall apply to various exhibition activities which are sponsored, sponsored as participants or participated in by the For the purpose of these Measures, exhibitions refer to exhibition, display and transaction activities which are carried out in such Article 3 Exhibitions sponsored by the State Intellectual Property Office refer to exhibitions which are exclusively sponsored by the State Exhibitions sponsored by the State Intellectual Property Office as a participant refer to exhibitions which are cosponsored by the Exhibitions participated in by the State Intellectual Property Office refer to exhibitions which are participated in by the State Article 4 Exhibitions sponsored or sponsored as a participant by the State Intellectual Property Office shall be national and international Article 5 The State Intellectual Property Office and units directly under the State Intellectual Property Office sponsor, sponsor as participants Article 6 The State Intellectual Property Office shall sponsor, sponsor as a participant or participate in exhibitions by adhering to the following (1) Helping to promote the wide and intensive publicity and popularization of the knowledge about national intellectual property rights, (2) Helping to give cooperation in complying with major principles, policies and strategies of the State; (3) Helping to foster the public image of the State Intellectual Property Office; and (4) Emphasizing social benefits and pursuing practical results. Units directly under the State Intellectual Property Office shall sponsor, sponsor as participants or participate in exhibitions (1) helping to promote the wide and intensive publicity and popularization of the knowledge about intellectual property rights; (2) helping to propel the implementation of Chinese intellectual property right system; (3) helping to foster the public image of Chinese intellectual property right system; and (4) insisting on holding exhibitions by mainly introducing the market mechanism, and following the rules of exhibition market operations. Article 7 The State Intellectual Property Office shall give its support to exhibitions in the following sequence: (1) The State Intellectual Property Office shall focus on holding an international patent exhibition and foster it into a brand which (2) Supports, such as necessary funds, etc, may be given to other exhibitions sponsored by the State Intellectual Property Office, as (3) The State Intellectual Property Office shall mainly lend its name to exhibitions that are sponsored by it as a participant, in principle; (4) Only nominal supports shall be given to exhibitions participated in by the State Intellectual Property Office and exhibitions that Article 8 For exhibitions sponsored or sponsored as a participant by the State Intellectual Property Office, undertakers and Intellectual property Article 9 The Coordination and Administration Department of the State Intellectual Property Office shall be specifically responsible for work Chapter 2 Application and Undertaking Article 10 The following units may undertake exhibitions that are sponsored, sponsored as participants or participated in by the State Intellectual (1) people’s government at or above the prefecture level; (2) intellectual property offices of various provinces, autonomous regions and municipalities directly under the Central Government; (3) enterprises and institutions with a certain scale, strength and impacts, which deal well with work related to intellectual property (4) social organizations at or above the provincial level; and (5) other organizations which are deemed appropriate by the State Intellectual Property Office to undertake exhibitions. Article 11 In order to undertake exhibitions sponsored by the State Intellectual Property Office or units directly under the State Intellectual (1) aiming at a definite purpose, having actual demands and enabling to promote development in science, technology and economy; (2) being able to collect exhibits at the specified level and in a certain quantity, including (patented) technologies, products and so (3) having necessary working personnel, funds, etc.; (4) enabling to organize sufficient exhibitors, purchasers and professional participants; (5) being fitted with exhibition centers and halls which meet requirements, as well as other necessary material conditions and facilities. (6) satisfying other required conditions. Article 12 Any unit intending to undertake exhibitions shall file an undertaking application to the State Intellectual Property Office, and complete (1) holding objective and significance; (2) exhibition name; (3) holding time and method; (4) preparation body and working personnel thereof; (5) analysis on supplies and demands of (patented) technologies and products containing intellectual property rights at the domestic market; (6) method for organizing supply side and demand side; (7) budget for expenditures, balance between revenue and expenditure and measures adopted to solve problems of insufficient funds; (8) area of exhibition space and diagram; (9) written agreements or contracts to be attached, if the undertaker is entrusted by the sponsor to hold exhibitions; (10) legal person certificate, or business license (duplicate) and credibility letter of the undertaker; (11) security measures taken by and safety responsibilities assumed by the undertaker; and (12) pertinent materials on any foreign participant, invitation documents of the foreign participant, as well approval documents issued Article 13 Sponsors and undertakers shall clarify respective rights, obligations and responsibilities. Any unit applying to undertake exhibitions sponsored by the State Intellectual Property Office or units directly under the State Intellectual Article 14 After being determined to undertake exhibitions sponsored by the State Intellectual Property Office, the undertaker shall submit to Article 15 Any pertinent unit, which requires the State Intellectual Property Office to sponsor or sponsor as a participant a national or international Any pertinent unit, which requires the State Intellectual Property Office to participate in a national or international exhibition, Article 16 After its application for exhibition undertaking is approved, the undertaker shall carry out preparatory work according to requirements Any unit undertaking exhibitions sponsored by the State Intellectual Property shall establish a financial account special for the Before an exhibition is held, the undertaker shall submit pertinent documents and materials to departments of public security, fire, Chapter 3 Organization and Administration Article 17 For exhibitions sponsored, sponsored as participants or participated in by the State Intellectual Property Office or units directly Article 18 After being approved to undertake an exhibition, the undertaker may publicly announce the information through news media, send invitations Article 19 Undertakers shall have the knowledge of intellectual property rights contained in exhibited technologies and products, and indicate Enterprises licensed to apply patented technologies, if participating in exhibitions, shall show pertinent documents licensed by and Article 20 Funds for undertaking national or international exhibitions shall be raised by undertakers, and be accounted after exhibitions are Article 21 Any undertaker shall, within one month after the exhibition is over, prepare an exhibition summary report and submit it to the State The exhibition summary report shall cover: basic situations of the exhibition, transactions of (patents) technology containing intellectual Chapter 4 Protection of Intellectual Property Rights at Exhibitions Article 22 In the course of exhibitions, various sponsors, undertakers and intellectual property offices located in holding places shall strengthen Article 23 Exhibition undertakers shall dispatch professionals familiar with intellectual property right laws and regulations to participate Article 24 Sponsors and undertakers must, during the preparatory period, carry out a random inspection in advance concerning the use of patents Undertakers shall timely report information on right maintenance and infringement appearing at exhibitions through exhibition journals. Article 25 Acts of passing off as, pretending to be or infringing intellectual property rights of other persons, shall be given punishments by Article 26 Disputes over intellectual property rights arising between or among participating units during exhibitions, shall be timely settled After exhibitions are over, undertakers shall sum up experience conscientiously, and timely report to pertinent departments the disputes, Chapter Five Legal Liability Article 27 Exhibition sponsors and undertakers shall carry out exhibition activities according to law, and legally investigate their working Article 28 Exhibition undertakers shall hold exhibitions in strict compliance with requirements and standards of pertinent approval documents, Chapter 6 Supplementary Provisions Article 29 The State Intellectual Property Office shall be responsible for the interpretation of these Measures. Article 30 These Measures shall go into effect as of the date of promulgation. |
State Intellectual Property Office
2005-12-06