Protection Of Intellectual Property Right At International Fairs

As an important part of international trade in services,international exhibition industry plays a prominent role in thedevelopment of world economy. At the same time, however, disputes aboutintellectual property rights are emerging at international fairs.There is no doubt the characteristics of protection of intellectualproperty rights at international fairs are very special, nevertheless,few people pay attention to it. In light of following reasons, the authorbelieves the topic is worth studying:Firstly, many Chinese enterprises take an active part ininternational fairs held in such countries as Germany, USA and France forthe purpose of extracting benefits and expanding influence. Meanwhile,they often run into trouble about disputes of intellectual propertyinfringement, which leads to punishment by local authorities. Obviously,we should think about how to prevent such things from recurring.Secondly, there are many disputes of intellectual propertyinfringement happened at international fairs held in China. it is a pitythat our law enforcement systems can't afford adequate and efficientrelief to owners of intellectual property when their rights are infringed at international fairs, which impairs the development of Chineseexhibition industry. Therefore, establishing practical and effectivemeans for the enforcement of intellectual property rights atinternational fairs is the only way China can choose.Last but not the least, Shanghai Expo2010gives us a vivid practicefor the protection of intellectual property rights at international fairs.In order to guarantee that Shanghai Expo2010goes well, China hasformulated many rules about protection intellectual property rights Atthe Expo, which are useful for the future international fairs held in China.It is our duties to summarize the success and failure of the foregoingprovisions.This paper starts from introducing some theories such as"fairs","international fairs","intellectual property rights", which are thebasics of the paper. What's more, for the purpose of following discussion,this paper also defines the characteristics of the intellectual propertyrights at international fairs.In Chapter Two, the author describes the legal systems about civil,criminal, administrative law enforcement measures and other specialmeasures used to protect intellectual property rights at internationalfairs in some countries.In Chapter Three, the paper discusses legal acts and liabilities ofinternational fairs'organizers and exhibitors. As far as internationalfairs'organizers are concerned, because of the special status, organizerscan play an important role in protecting the intellectual property rightsat fairs. By virtue of UFI Recommendations for the Protection ofIntellectual Property and some rules instituted by some famousinternational fairs, this article analyses the positive role oforganizers. Based on the forgoing discussion, the opinion thatinternational fairs' organizers should be responsible for the infringement conducted by people who display or demonstrate counterfeitor fake commodities at the fairs under certain conditions is offered inthis Chapter. As far as exhibitors are concerned, there are differentopinions whether exhibitors displaying or demonstrating products withoutIP owner'consent should assume tort liabilities as "using","offeringfor sale" or "selling". The author gives his own point of view basedon basic principles of law and the exhibitors'specific behaviors atinternational fairs.Chapter Four is about protection of intellectual property rightsregarding symbols of international fairs, which should be ascertained as"Commercial signs". By virtue of learning other countries'legislation,we should construct relevant legal systems to protect symbols ofinternational fairs from being infringed.The theme of Chapter Five is how China deals with disputes ofintellectual property happened in international fairs. As we all know,Chinese enterprises were often threw into a dilemma of disputes aboutintellectual property when they participated in overseas fairs andincurred a heavy loss. So we should design a proper way to protect theirinterests. The author probes some rules that exhibitors, organizers andgovernment should abide by. What's more, the author points out both theadvantages and defects of legal systems about protection of intellectualproperty at international fairs held in China. By virtue of introducingChinese legislation and enforcement measures, the author brings somesuggestions about how to improve our rules and regulations aimed atprotecting intellectual property at international fairs held in China.