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 ) Rescinding Exhibition Contract Exhibition contract may be rescinded in case this regulation is violated.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
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