Intellectual Property Prewarning, The Strategies And Inspiration Of Response To IP-suits For Chinese Enterprises In Trade Fairs Held In Germany

The "go out" strategy in China makes the economy develop rapidly.Enterprises are gradually becoming bigger and stronger.Meanwhile,there is a steadily distinct increase in foreign exchange.A large number of enterprises began to participate in international famous trade fairs to show their products and services,dig out potential customers and develop market channels.Germany is the worldwide first power in trade fair industry.Although it has established the protection and regulations of the completely legal system,intellectual property disputes still exist in the trade fairs.Since 2005,Chinese enterprises have been undergoing some intellectual property disputes in trade fairs in Germany,some of which are even criminal cases involved.The reason why they happened is that most Chinese enterprises are not familiar with the relevant intellectual property system of the trade fairs in Germany,or not do well in intellectual property prewarning before the trade fairs.In Germany,general enforcement actions can deal with intellectual property rights disputes in most trade fairs,but the main enforcement actions of many trade fairs are slightly different because of different regions.Furthermore,the experienced foreign companies usually hire excellent lawyers and protect their display in trade fairs by taking advantages of intellectual property rights.Therefore,how to ensure Chinese enterprises to participate in trade fairs successfully becomes an urgent issue to tackle.Based on the theory of legal rights safeguarding and prewarning of intellectual property rights,targeting a real problem Chinese enterprises suffered in Germany,this paper introduced relevant systems of intellectual property rights and main forms of its disputes.The paper collected some cases over intellectual property rights disputes Chinese enterprises encountered during their participation in the trade fair,and also analyzed comprehensively and studied comparatively outstanding and failure cases and the China-German system.From three stages of before,during and after the trade fair,and from the enterprises' internal and external factors,targeting different aspects including enterprises' organization and management structure,team construction of trade fair projects,emergency management in the trade fairs,the third party service,and supports seeking from the government,the author concluded that several practical value about prewarning suggestions of Intellectual property and its prevention and responding strategies.The paper offered instructive measures of the invasion of intellectual property and its rights protection and prewarning for those enterprises which go overseas to attend the trade fair.These efforts also bring many advantages: Enterprises have improved their creativity and a sense of protection of intellectual property,they have also known relevant system of German trade fairs and built the linkage mechanism after suffering from intellectual property disputes,making timely reactions by its instructive suggestions.The study of the German trade fair system may help Chinese trade fairs connect with world better and provide great inspiration of this aspect for internationalization of Chinese trade fairs.