Problems Of Intellectual Property Protection In Exhibitions

Exhibitors know Exhibition Are there any problems in the protection of intellectual property? Does the law really protect the interests of exhibitors? In recent years, disputes over intellectual property rights have occurred frequently. Listed below are four major problems.

　　 I. law brings difficulties to intellectual property administration departments.

According to the provisions of the relevant laws on intellectual property rights, the intellectual property management departments shall accept the relevant intellectual property cases. However, in practice, it is difficult for intellectual property management departments to deal with cases of infringement disputes during the exhibition, and there is a lack of corresponding regulations after the end of the exhibition. If it is not accepted, the obligee may sue the administrative department of intellectual property for administrative omission.

　　 Two, intellectual property rights holders have not effectively protected the administrative law enforcement of intellectual property rights.

at present Exhibition knowledge The protection of property rights mainly depends on the rules of intellectual property protection formulated by the organizers. In this way, the specific functions of the intellectual property administration department during the exhibition can not be clearly defined. The management department and the exhibition organizers lack effective cooperation in the intellectual property protection of the exhibition. Due to the relatively short exhibition time, the lack of legal protection for the intellectual property rights of the exhibition has brought difficulties to the protection of the intellectual property rights holders.

　　 Three, the rules of intellectual property protection formulated by the exhibition itself are liable to arouse controversy.

The exhibition has its own rules for the protection of intellectual property rights. However, because it is not included in the legal way, it is only an agreement between the sponsor and the exhibitors. Without considering the more complicated factors of intellectual property infringement, exhibitors promise to abide by the rules formulated by the organizers. On the one hand, if the exhibitor violates the agreement and refuses to withdraw the infringing exhibits, the organizer will not be coercive; on the other hand, even if the organizer's method is improper or illegal, exhibitors can not seek legal relief.

　 Four, there is no specific legal status of intellectual property rights.

some exhibition The rules for the protection of intellectual property rights will be formulated, but there is no distinction between different categories of intellectual property rights. For example, patents include inventions, utility models and designs patents. The licensing conditions and the examination and approval system of the three patents are different, and the invention patents have been substantially examined and their rights are relatively strong. The patent for utility models and designs has not been examined in substance, and the patent rights are not stable. As a matter of fact, when a patent holder of utility model and design patent brings up a tort suit, the infringed party shall ask the Patent Reexamination Board to declare that the patent right of utility model or design shall be invalid. Once the claim for patent right is invalid, the infringement proceedings generally need to be suspended, waiting for the Patent Reexamination Board to decide whether to maintain the patent right. Since the exhibition does not make any difference in the handling of the three patent infringement complaints, it will appear that the patent on the basis of the complaint is itself an invalid patent. If it is disposed of the complainant on the basis of the patent right, it is obviously unfair to the complainant.