Article 1 For the purpose of maintaining the order of exhibitions and strengthening the intellectual property protection at exhibitions, this Complaint Handling Procedure is formulated in accordance with the Measures for the Intellectual Property Protection at Exhibitions, the Measures of Beijing Municipality for the Intellectual Property Protection at Exhibitions and other relevant laws and regulations.
Article 2 This Procedure shall apply to the complaints and handling of suspected infringement of intellectual property rights or personal information rights arising from the contents used and/or displayed at the exhibition venue occurred during the exhibition period of World Geothermal Congress 2023 (from 9/13/2023 to 9/17/2023).
Article 3 Conditions for Accepting a Complaint
(I) The complainant has legal and valid intellectual property rights, or is a natural person with relevant personal information;
(II) The complainant has an interest in the matter being complained about; and
(III) The complaint is against the suspected infringement upon intellectual property rights or personal information rights occurring at the exhibition.
Article 4 A complainant shall provide the following materials to the complaint acceptance agency of the exhibition:
(1) Identity certificate of the complainant. Identity certificate in the case of a natural person, or subject qualification certificate in the case of a legal person or an organization;
(2) Power of attorney. Where an agent is entrusted, the power of attorney and identity certificate of the agent shall be submitted.
(3) Proof on intellectual property rights or personal information. Specifically, this includes patent certificate, declaration of authorization text, duplicate of patent register, patent evaluation report for utility model or design, etc.; trademark registration certificate; copyright registration certificate or legal documents that can prove copyright; trade secrets, personal information, and related ownership proof materials. In case of any change, renewal, transfer and licensing of intellectual property rights, the relevant legal documents shall also be submitted.
(4) Proof of infringement. Specifically, this includes the name of the exhibition item suspected of involving infringement, and the brochure, photos and real objects suspected of involving infringement.
(5) Letter of application for complaint. The letter of application shall include the name of the complainant, the party against whom the complaint is filed, the matters to be complained about, the reasons for the complaint, the specific demands, and other basic information. Where a natural person files a complaint, he/she shall sign the letter of application. Where a legal person or any other organization files a complaint, it shall sign and affix its seal to the letter of application.
If the submitted materials are in a foreign language, there must be the corresponding Chinese translation.
Article 5 Under any of the following circumstances, the complaint acceptance agency of the exhibition may refuse to accept the complaint:
(1) The complainant has lodged a complaint of infringement to the intellectual property administrative department, lodged a lawsuit of infringement to the people's court or applied to an arbitration institution for arbitration;
(2) The intellectual property is invalid or is in the proceedings for requesting invalidation;
(3) The intellectual property is involved in any ownership dispute that is being mediated or handled by the intellectual property administrative department, or is being tried by the people's court or an arbitration institution; or
(4) The materials submitted by the complainant fail to meet the requirements of Article 4.
Article 6 The procedures for handling a complaint shall be as follows:
(1) The complaint acceptance agency of the exhibition shall, upon acceptance of the complaint, notify the respondent in time and request the respondent to submit a written representation and evidence of non-infringement within 12 hours.
(2) Upon acceptance of the complaint, the complaint acceptance agency of the exhibition shall investigate and verify the infringement matters complained within 24 hours.
(3) Upon investigation, where the reason for the complaint is not tenable, the complaint acceptance agency of the exhibition shall terminate complaint handling; where the complaint is tenable and there is actual infringement, or the respondent fails to provide the materials listed in item (1) within time, or the respondent admits infringement, the complaint acceptance agency of the exhibition may request the respondent to take measures such as covering or withdrawing the conference and exhibition.
Article 7 The complaint acceptance agency of the exhibition shall be responsible for interpretation of these Procedures.
Sinopec Star： ruizi Lv
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