26 November 2007, Beijing

Marking the launch of the IPR2 Project, EU Trade Commissioner Peter Mandelson and Vice-Minister Yu Guangzhou attended an international seminar on trends, developments and best practices on the protection of IP at trade fairs organised by IPR2in Beijing, to exchange best practice on effective enforcement mechanisms for IPR. More than 200 representatives attended the full-day event and project launch, which provided a platform for policy makers, trade fair administrators and industry as well as academia and the legal community to discuss issues and solutions to better protect IPRs at Chinese trade fairs.

This first activity under the project served as the starting point for more intense collaboration on an important issue for both sides. It highlighted the growing importance of trade fairs in a globalised market, and reinforced the need for concrete treatment of IP protection if commercial confidence is to be assured.

View Press Release.

The seminar was hosted by the Ministry of Commerce and the speakers included Mr Li Chenggang, Deputy Director General from MOFCOM's Department of Treaty and Law and Mr Luc Devigne, of Intellectual Property and Government Procurement, European Commission to China alongside representatives of the Ministry of Commerce, State Office of Intellectual Property Protection, State Administration of Industry and Commerce, State Intellectual Property Office, National Copyright Administration of China, Supreme Peoples' Court, EC Delegation as well as industry and scholars.

Trade fairs and commercial exhibitions are product showcases and good information sources for business. In some cases however, they can become the source of wide-range propagation of counterfeit and pirated products. Given the characteristics of temporality and mobility of exhibitions, the speed at which IPR infringement disputes can be dealt with is critical to prevent further dissemination.

Through the Blue Sky Action, China has issued new administration regulations for the protection of IPR at trade fairs ('Measures for the Protection of IPRs during Exhibitions', March 2006). The new regulations, among other things, require the establishment of complaint centres for fairs that last longer than three days as well as the transfer of complaints to administrative authorities within 24 hours.

The seminar reviewed the positive results brought by the Blue Sky Action and these 'Measures' and aimed to take stock of the results; discuss and develop strategies to further improve IPR protection in trade fairs; and present and promote relevant European experience and best practices.

Consecutive roundtable discussions offered stakeholders a platform to discuss and develop strategies to further improve IPR protection in trade fairs. This included:

• Accessibility of information such as the identify of the infringer;

• Availability of legal resources, in particular enforcement staff, their competences (e.g. seize infringing products) and remedies;

• Consistency and predictability for right holders through clear enforcement procedures; and

• Deterrent system through discouraging penalties, effective recording of infringements (blacklisting as set in 2007 Action Plan) and systematic exclusion of repeat offenders.

European experts also shared their experience on the development of rapid dispute settlement mechanisms, such as ad hoc arbitration boards or tribunals during trade fairs covering the following technical content:

• The growing importance of trade fairs in a globalised market
• Legal framework for the protection of IPRs on trade fairs
• Enforcement procedures and best practices (enforcement formalities, burden of proof for applicants such as ownership of right, identification of infringer, notarisation and legalisation requirements for foreign right holders, warning letters and legal effect, remedies available against infringers, interim injunctions issued by the local courts, ad hoc tribunals, mediation by trade fair organizers, legal liability of trade fair organisers and exhibitors, etc)

Opening Session

Mr Li Chenggang, Deputy Director-General, Department of Treaty and Law, Ministry of Commerce

Mr Luc Devigne, Head of Intellectual Property and Government Procurement, European Commission

Panel 1 - The Growing Importance of Trade Fairs in a Globalised Market

SIGNIFICANCE OF TRADE FAIRS IN CHINA: TRENDS AND DEVELOPMENTS

Mr Jiang Nan, Director, Department of Foreign Trade, Ministry of Commerce

PRACTICE OF IPR PROTECTION AT THE CANTON TRADE FAIR

Mr Zhang Jiaqing, China Foreign Trade Center

ORGANISATIONAL STRUCTURE OF TRADE FAIRS SELECTED EU MEMBER STATES: INTERFACE BETWEEN STAKEHOLDERS

Best Practices of international IP enforcement at Exhibitions - Mr Giovanni Casucci, Attorney, Italy

Panel 2 - Organisational structure and Legal Framework of trade fairs in China and the EU

IP-RELATED TRADE FAIR RULES AND ENFORCEMENT AGENCIES INVOLVED

Mr Chen Fuli, Director, IP Division, Department of Treaty and Law, Ministry of Commerce

Mr Holger Geitz, Patent Attorney, European Union and Germany

Panel 3 - Enforcement Procedures in China and the EU

ENFORCEMENT PROCEDURES IN CHINA AND SELECTED EUROPEAN COUNTRIES

Mr Chen Fuli, IP Division, Department of Treaty and Law, Ministry of Commerce

Mr Matthias Zigann, European Union Judge

ENFORCEMENT FORMALITIES IN CHINA

Li Jing Bing, Chinese Attorney

ENFORCEMENT FORMALITIES IN THE EU

Evidence and Handling of Evidence and Experts, Dr Matthias Zigann, Judge, Germany

Legal liability of trade fair organisers and exhibitors, Mr Holger Geitz, Patent Attorney, European Union and Germany

Panel Discussion - Enforcement Procedures and Best Practices

Enforcement and Enforcement Formalities

• Burden of proof for applicants (ownership of right, identification of infringer)
• Notarisation and legalistion requirements for foreign right holders
• Warning letters and legal effect (how to counter the phenomenon of use of a booth registered by a different company than the one actually offering for sale infringing content)

Remedies

• Remedies available against infringers

• Interim injunctions issued by the local courts, ad hoc tribunals

• Mediation by trade fair organisers

Liability

• Legal liability of trade fair organisers and exhibitors
• Admissibility and enforceability of contractual clauses ("piracy clauses") by trade fair organizers (Preventive measures against IP infringement: Border measures)

Closing Session

H.E. Yu Guangzhou, Vice-minister, Ministry of Commerce

Rt. Hon. Peter Mandelson, EU Commissioner for Trade

For more information on IP enforcement at trade fairs, contact Mr Benoit Misonne This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

For further information on this seminar and/or general information on IPR2, contact Ms Tamryn Barker This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

[IPR2 ref. CC4.IPA.001]