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IPR Protection at Jinhan Fair
JINHAN FAIR Online Exhibition
Intellectual Property Rights Related Complaint Guidelines
This is the guideline for online exhibition intellectual property rights related complaints and handling of Guangzhou (Jinhan) Fair for Home and Gifts (hereinafter referred to as “Jinhan Fair”). Together with the current Jinhan Fair Intellectual Property Rights Protection Complaints and Handling Measures (hereinafter referred to as the “original measures”), they constitute Jinhan Fair intellectual property rights related complaints and handling guideline. The above-mentioned two guidelines are applicable to the complaints about suspected infringement of intellectual property rights at Jinhan Fair Online Exhibition with the details as follows:
I. Guideline Instruction
Regulations on preparation for intellectual property rights protection, intellectual property rights related complaint requirements and procedures, and relevant handling regulations in the Jinhan Fair Intellectual Property Rights Protection Complaints and Handling Measures are still applicable to the intellectual property rights protection of Jinhan Fair online exhibition; the parts of the online exhibition that cannot be handled on site as regulated in the original measures shall be handled in accordance with this guideline.
II. Guideline of Complaints
1. If registered users of the official website of Jinhan Fair find that the exhibits, packaging, promotion materials or any other contents displayed by exhibitors on the official website of Jinhan Fair are suspected of infringing their intellectual property rights, they can complain to the complaint station:
(1) Complaint conditions and materials. Complainants shall verify whether they meet the complaint conditions with reference to the Jinhan Fair Intellectual Property Rights Protection Complaints and Handling Measures and its appendix Documents and Materials to be Submitted for the Complaint of Exhibition Patents, Trademarks and Copyrights, and shall prepare and submit initial evidence such as documents and supporting materials (scanned copy in PDF format);
Considering the particularity of the online exhibition, complainants shall also provide links of exhibiting contents suspected of infringing their intellectual property rights and screenshots (video screenshots shall be marked with the time points of the images of the suspected infringing contents in the video), etc., and match and explain the screenshots with the key features of the claims one by one (in Word format);
(2) Complaint application. The complainants shall download and fill in Intellectual Property Complaint Application from the "Intellectual Property Rights Related" page on the official website of Jinhan Fair (required for complaints related to copyright/trademark right/patent right). If patent right is involved, complainants shall also fill in the Exhibition Patent Infringement Dispute Complaint Form, print, sign and stamp (scanned copy in PDF format).
2. Jinhan Fair complaint station reviews and checks the materials provided by complainants and replies to complainants according to the regulations. The complaint station will not accept unqualified complaints.
3. After Jinhan Fair complaint station informs the respondent that its exhibiting item is suspected of infringement, the respondent may provide the relevant evidence to the complaint station within 24 hours including the evidence of non-infringement and an explanation about the situation of non-infringement (basic information of the respondent such as name, address, contact information, complainant's situation, reason for appeal, and contents of evidence, etc.) and other materials (scanned copy in PDF format).
4. Complainants and respondents shall provide scanned copy in PDF or Word format with signature and stamp when submitting relevant evidence and materials; files in word format shall be provided when involving the content of web page link address.
5. When complainants and respondents submit relevant evidences and materials, they shall send them to the following email address of Jinhan Fair complaint station staff: email@example.com. Meanwhile their e-mail addresses to receive the relevant notice from the Jinhan Fair complaint station shall be designated. Jinhan Fair complaint station does not accept complaints from other channels.
III. Complaint Handling
If Jinhan Fair complaint station considers that the respondent is suspected of infringing the intellectual property rights of others, the respondent shall immediately stop displaying the suspected infringing content after receiving the notice from the complaint station, and immediately cancel, delete and block the suspected infringing display content, or immediately disconnect the link, so as to reach the standard of clearing all the suspected infringing display content during the exhibition.
If the respondent does not take the above measures, Jinhan Fair has the right to take necessary measures such as deleting, blocking, disconnecting links, terminating transactions and services (ban the account) for the respondent's contents and account in online exhibition in accordance with laws.
2. If Jinhan Fair complaint station does not consider that the respondent commits infringement, the complainant can complain to the relevant authorities or bring a lawsuit to the people's court.
3. In case of any damage caused to the respondent due to the complainant's wrong complaint, he shall bear civil liability according to law. If a person maliciously issues a wrong complaint and causes losses to the respondent, he shall be liable for double compensation according to law.
Guangzhou (Jinhan) Fair for Home and Gifts