©2005 JETRO

On Protection of Intellectual Property of Exhibition in Japan

September 9th, 2006

The Beijing Office of Japan External Trade Organization (JETRO)

Intellectual Property DepartmentTSUCHIYA akiyoshi

©2005 JETRO

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

　　　　　　　　　　　　　　　　　　　　　　　　　

Index

©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 exhibitedList of products prohibited to be imported to the stateProducts that violate or suspected to violate the intellectual propertyItem on display （ all items on display including advertisements, brochures, samples, etc.）

Rescinding Exhibition ContractExhibition contract may be rescinded in case this regulation is violated.JETRO keeps the rights of claiming for the consequent losses.

Disputes and LawsuitsLawsuits relating to this regulation ： Tokyo District Court has full jurisdictionTo 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 right2 、 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 Asia850 companies

from 20 countriesAttend 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)　　　　　　　　　　　　　　 

（ 2 ） Toy Exhibition/Tokyo Year 2005 　 No Case of Rights Violation 　　　   Year 2006 　 One Case 　　

Companies whose Property rights are

violated

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

Year2005 2 Japanese Companies 2 Cases of Brand Rights violation

2 Corean Companies

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

©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 itemsNote down the brochures of items violating the intellectual propertyDisplay items without brands

©2005 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

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Please contact ： Guangzhou Office or Beijing Office of JETRO