Research On Protection Of Exhibition Intellectual Property

Since the adoption of reform and opening-up policy, China's economic and social development has made remarkable achievements. Rapid development of three industries, especially the tertiary industry related modern exhibition industry had received more and more government support, market recognition and corporate attention due to its overall improvement of service industry and strong driving role in the economic development. However, while the exhibition industry is developing rapidly, the phenomenon of infringing exhibition intellectual property (EIP) rights is also increasing seriously. Not only the patent and trademark of the exhibits infringed by competitors, exhibit-related display boards and other facilities are also imitated. These acts would not only affect exhibitors'enthusiasm seriously, but harm China's nowadays policy of strongly advocate scientific and technological innovation and business innovation. In addition, the absence of legal protection of EIP, including the protection of exhibition denomination lead plagiary of other exhibition organizers, hence resulting in clone convention, repeated exhibition launched again and again. Rampant violations of EIP rights has been a threat to the healthy development of the sunrise industry, attention should be aroused by relevant departments and agencies, and according action should be promoted.In allusion to the infringement of EIP, domestic research institutions and scholars have been given comments and suggestions on aspects of judicial protection, administrative protection and the protection of exhibition organizers, but so far, systematic research on constructing China's EIP protecting system is still at a standstill. Based on the study of numerous EIP protection materials and combined with present status of the issue, this thesis conducted in-depth research of the subject. The thesis is divided into four parts.The first part is the analysis of basic legal issues on EIP protection. It first discussed the relationship between intellectual property and exhibition, pointed out that modern convention and exhibition industry can not develop without the recognition of intellectual property protection of all parities. Then illustrate the right subjects of EIP protection including Organizers, exhibitors and third-party. And then probe into the specific subject of EIP protection, such as Exhibits, exhibition and the booth design, pointed the defect of domestic EIP protection at present. Lastly research on the particularities of EIP protection, such as the difficulties of forensic investigation due to the short period of exhibition, the awkward of choosing treatments.The second part the investigated foreignfiction practical. Separately analyze the Germany representative Europe mode, the America representative North American mode and the Hong Kong representative Asia mode, emphasis on the "Temporary Ban System" of German, "Interlocutory Injunction System" of America and the protecting system of Hong Kong trade development council, while giving the three points the domestic legislation refer.1. Effective use of judicial and administrative means to protect intellectual property exhibition.2. Linked parties to improve the efficiency of convention violations investigated.3. Fully exert exhibition organizers and industry association function.The third part studied the status and inadequate of EIP protection of China. First, introduce the history of China's EIP protection. Second, illustrate the functions of judicial protection, administrative protection and self-protection of exhibitor at present in China. Last, pointed out the defect of nowadays protection including the deficiency of legislation, initiative of exhibitor and the malfunction of associations.The fourth part gave suggestions to perfect domestic EIP protection system. First, on the legislation aspects should confirm the protection of exhibition denomination, perfect the regulations of "IPR protection measures" of the four government agencies and further improve the function of preliminary injunction in protection. Second, for the deficiency of intellectual property protection, before exhibition, related parties should verify the intellectual property of exhibition equipments and exhibits; form the system of exhibition notice, contract and the filing system of intellectual property infringement. Lastly, narrate that associations should play an active role in intellectual property protection, including contacts between the vertical departments, assist of intellectual protection, and direct and foster the recognition of intellectual protection in related fields, and sanctions against infringement through association self-discipline.