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On Protection of Intellectual Property of
Exhibition in Japan
September 9th, 2006
The Beijing Office of Japan
External Trade Organization
(JETRO)
Intellectual Property
Department
TSUCHIYA akiyoshi
©2005 JETRO
Index
1、Regulations on Exhibiting at the Exhibition
2、Some Suggestions on Participating International Exhibitions
3、Exhibition Site
4、Executing the Law at the Exhibition Site
5、Existing Cases on Executing the Law
6、Proposals
©2005 JETRO
1、Regulations on Exhibiting at the Exhibition
Prohibit and annul the products that violate the intellectual property to attend the
exhibition
Relative regulations of JETRO on exhibiting at exhibitions participated or sponsored by
JETRO(summary)
Products prohibited or restricted to be exhibited
List of products prohibited to be imported to the state
Products that violate or suspected to violate the intellectual property
Item on display(all items on display including advertisements, brochures, samples, etc.
)
Rescinding Exhibition Contract
Exhibition contract may be rescinded in case this regulation is violated.
JETRO keeps the rights of claiming for the consequent losses.
Disputes and Lawsuits
Lawsuits relating to this regulation:Tokyo District Court has full jurisdiction
To be disposed in accordance to the Japanese Laws.
©2005 JETRO
2、Some Suggestions on Participating International Exhibitions
1、Invention Patent Right, Design Property, New Application Property of items applying
to be displayed.
Right for getting intellectual property at the state where the item is
displayed→Protect the Right
Made in public at the exhibition→become public→impossible to claim for
the right
2、Acquire the Property of Brand for the items in display
In all countries in Asia, it occurs very often that the brand is embezzled
by a third party
A third party sees a brand at places like an exhibition, and will
viciously preemptively register.
3、Pay attention to protection of industrial information such as technical
secrets.
Previously identify the information that is prohibited to be released to a
third party.
4、Understand Rights of other companies
Investigate on Patent and Brand Property of other companies
5、Choosing items to be displayed
Whether the right has been acquired
Whether a solution for fake products exists
©2005 JETRO
3、Exhibition Site(1)
Largest Scale in Asia
850 companies
from 20 countries
Attend the Exhibition
©2005 JETRO
3、Exhibition Site(2)
©2005 JETRO
4、 Executing the Law at the Exhibition Site
Preparation:Require Commitment on Complying with Intellectual Property Regulations
Establish a standing receiving station for claims regarding intellectual
property issues
Both Japanese and Chinese Patent Agencies execute surveillance at the site
Basis :Commitment on Complying with Exhibition Regulations
Cognizance of violating the intellectual property :to be jointly negotiated among companies attending
the exhibition, property owners, sponsor or patent agencies
Execution:Require the companies that attend the exhibition to submit the “Commitment on
Admitting Violating Intellectual Property”, or Confirmation on Agreement on Not
Violating Intellectual Property
Withdraw fake products from the exhibition
Withdraw brochures that include information of fake products or delete the
content relating to fake products
©2005 JETRO
5、 Existing Cases on Executing the Law
(1)Stationeries Exhibition/Tokyo(Year 2006, 850 companies from 20
countries participated the exhibition)
Companies whose Property rights are
violated
Year2005
Number of Cases of Property Rights
violation
13 Companies in total
19 items in total
10 Chinese companies
17 cases of violating external design rights
2 Japanese Companies
2 Corean Companies
2 Cases of Brand Rights violation
3 companies in total
8 items in total
1 case of patent violation
Year2006
2 Chinese companies
5 cases of external design violation
1 Corean Company
2 cases of brand rights violation
(2)Toy Exhibition/Tokyo
Year 2005 No Case of Rights Violation
Year 2006 One Case
©2005 JETRO
6、Proposals
Prohibit actions violating the exhibition regulations
Products suspected to have violated the rights are to be execute law
on
Extend the Judging power of the sponsor of the exhibition
Restrict the display of products that have violated rights with
preferably adopting exhibition regulations.
→Actions against concealment
Concealed display items
Note down the brochures of items violating the intellectual property
Display items without brands
©2005 JETRO
Please contact:Guangzhou Office or Beijing
Office of JETRO
JETRO Japan External Trade Organization
Intellectual Property Department
Beijing Office
HP:http://www.Jetro-pkip.org
Tel:+86-10-6528-2781 Fax:+86-10-6528-2782
China IP News Letter Apply at:
http://www.jetro.go.jp/mail/
©2005 JETRO